Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
The translation here given is that published in Sheldon Amos's work
on _The English Constitution_. The translation given by Sir E.
Creasy was chiefly followed in this, but it was collated with another
accurate translation by Mr. Richard Thompson, accompanying his
_Historical Essay on Magna Charta_, published in 1829, and also
with the Latin text. "The explanation of the whole Charter," observes
Mr. Amos, must be sought chiefly in detailed accounts of the Feudal
system in England, as explained in such works as those of Stubbs,
Hallam, and Blackstone. The scattered notes here introduced have
only for their purpose to elucidate the most unusual and perplexing
expressions. The Charter printed in the Statute Book is that issued
in the ninth year of Henry III., which is also the one specially
confirmed by the Charter of Edward I. The Charter of Henry III.
differs in some (generally) insignificant points from that of John.
The most important difference is the omission in the later Charter of
the 14th and 15th Articles of John's Charter, by which the King is
restricted from levying aids beyond the three ordinary ones, without
the assent of the 'Common Council of the Kingdom.' and provision is
made for summoning it. This passage is restored by Edward I. Magna
Charter has been solemnly confirmed upwards of thirty times. See the
chapter on the Great Charter, in Green's _History of the English
People_. See also Stubbs's _Documents Illustrative of English
History_. "The whole of the constitutional history of England,"
says Stubbs, "is a commentary on this Charter, the illustration of
which must be looked for in the documents that precede and follow."
* * * * *
"CONFIRMATIO CHARTARUM" OF EDWARD I.
1297.
I. Edward, by the grace of God, King of England, Lord of Ireland, and
Duke Guyan, to all those that these present letters shall hear or see,
greeting. Know ye that we, to the honour of God and of holy Church,
and to the profit of our realm, have granted for us and our heirs,
that the Charter of Liberties and the Charter of the Forest, which
were made by common assent of all the realm in the time of King Henry
our father, shall be kept in every point without breach. And we will
that the same Charters shall be sent under our seal as well to our
justices of the forest as to others, and to all sheriffs of shires,
and to all our other officers, and to all our cities throughout the
realm, together with our writs in the which it shall be contained that
they cause the foresaid Charters to be published, and to declare to
the people that we have confirmed them in all points; and that our
justices, sheriffs, mayors, and other ministers, which under us have
the laws of our land to guide, shall allow the said Charters pleaded
before them in judgment in all their points; that is to wit, the Great
Charter as the common law, and the Charter of the Forest according to
the assize of the Forest, for the wealth of our realm.
Public-domain text, read in full here on John Shaqi.
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