Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
While King Henry III was underage, there was much controversy
as to who should be his ministers of state, such as justiciar,
chancellor, and treasurer. This led to the concept that they should not
be chosen by the king alone. After he came of age, elected men from the
baronage fought to have meetings and his small council in several
conferences called great councils or parliaments (from French "to speak
the mind") to discuss the levying of taxes and the solution of
difficult legal cases, the implementation of the Magna Carta, the
appointment of the king's ministers and sheriffs, and the receipt and
consideration of petitions. The barons paid 1/30 the tax on their
personal property to have three barons of their choice added to the
council. Statutes were enacted. Landholders were given the duty of
electing four of their members in every county to ensure that the
sheriff observed the law and to report his misdemeanors to the
justiciar. They were also given the duty of electing four men from the
county from whom the exchequer was to choose the sheriff of the year.
Earl Montfort and certain barons forced King Henry III to summon a
great council or parliament in 1265 in which the common people were
represented officially by two knights from every county, two burgesses
from every borough, and two representatives from each major port. So
the King's permanent small council became a separate body from
parliament and its members took a specific councilor's oath in 1257 to
give faithful counsel, to keep secrecy, to prevent alienation of
ancient demesne, to procure justice for the rich and poor, to allow
justice to be done on themselves and their friends, to abstain from
gifts and misuse of patronage and influence, and to be faithful to the
queen and to the heir.
The Law
The barons forced successive Kings to sign the Magna Carta
until it became the law of the land. It became the first statute of the
official statute book. Its provisions express the principle that a king
is bound by the law and is not above it. However, there is no redress
if the king breaches the law.
The Magna Carta was issued by John in 1215. A revised version
was issued by Henry III in 1225 with the forest clauses separated out
into a forest charter. The two versions are replicated together, with
the formatting of each indicated in the titles below.
{Magna Carta - 1215}
Magna Carta - 1215 & 1225
MAGNA CARTA - 1225
Public-domain text, read in full here on John Shaqi.
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