The Angevins and the Charter (1154-1216): The Beginning of English Law, the Invasion of Ireland and the Crusades
History
The Angevins and the Charter (1154-1216): The Beginning of English Law, the Invasion of Ireland and the Crusades
Great Britain -- History -- Angevin period, 1154-1216 -- Sources; Magna Carta
_M._ That is so; but it happens, at times, that the causes of things and
the reasons of sayings are secret; and then it suffices to bring up
examples relating to them; especially if they are taken from the cases
of prudent men, whose deeds are circumspect and are not done without
reason. But whatever we have said about these things taking part for
this privilege or against it, thou may'st be sure that in this matter we
have called nothing certain, unless what the authority of the King
decreed should be observed. But the account of the forests and also the
punishment or absolution of those who transgress with regard to them,
whether it be a pecuniary or a corporal one, is kept separate from the
other judgments of the kingdom, and is subjected to the will of the King
alone or to that of some one of his intimates specially deputed for this
purpose. It subsists by its own laws, which, they say, are not subject
to the common law of the kingdom, but to the voluntary decree of the
princes; so that whatever has been done according to its law may be said
to be not absolutely just, but just according to the law of the forest.
The forests, moreover, are the sanctuaries of the Kings and their
greatest delight, thither they go for the sake of hunting, having laid
aside their cares for a while, so that they may be refreshed by a short
rest. There the serious, and at the same time the natural uproars of the
court having ceased, they breathe in for a while the boon of pure
liberty; whence it comes that they who transgress with regard to the
forest are subject to the royal displeasure alone.
_D._ From my earliest youth I have learned that it is wrong for a
prudent person to prefer to suffer ignorance rather than to demand the
causes of things that have been said, in order, therefore, that the
foregoing may more fully be made clear, do not put off revealing what a
forest is.
* * * * *
5. _The Forest._
_M._ The forest of the King is the safe dwelling-place of wild beasts;
not of every kind, but of the kinds that live in woods; not in all
places, but in fixed ones, and ones suitable for the purpose; whence it
is called "foresta," the "e" being changed into "o," as if it were
"feresta"--_i.e._ an abiding place for wild beasts.
_D._ Is there a forest of the King in each county?
_M._ No; but only of the wooded ones, where the wild beasts can have
their lairs and ripe nourishment: nor does it matter to whom the woods
belong, whether to the King or to the nobles of the kingdom,--the wild
beasts can none the less run around everywhere free and unharmed.
* * * * *
6. _The Sheriffs and Bailiffs._
Public-domain text, read in full here on John Shaqi.
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