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English Legal History
2/28/2007
Outline
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1.
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Clauses of Magna Carta arranged by topic:
(One topic only per clause; a more complicated arrangement would split
cluases (e.g. 12) that deal with more than one topic.):
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a.
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The church (4): 1, 22, 42, 46.
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b.
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The burgesses (2): 13, 41.
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c.
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Economic matters, debts and Jews (5): 9, 10, 11, 33, 35.
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d.
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Feudal grievances (20):
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i.
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Relief, wardship, marriage: cc. 2, 3, 4, 5, 6, 7, 8, 37, 43, 44, 45, 53
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ii.
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Aids and scutages: cc. 12, 14, 15, 16, 26, 27, 29, 32
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e.
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Justice (20): 17 (CP), 18, 19 (petty assizes), 20, 21, 24, 34, 36, 38,
39 (judgment of peers), 40, 44, 45, 52, 54 (appeals), 55, 56, 57, 58
(Welshmen), 59 Scots
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f.
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Administrative (13): 23, 25 (farms), 28, 30, 31 (royal works), 40, 47,
48 (forests), 49, 50, 51 (foreign ministers), 53, 58 (hostages)
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g.
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Administration of Magna Carta (1): 60.
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2.
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Clauses of Magna Carta in order identified by topic:
c. 1a, 2di, 3di, 4di, 5di, 6di, 7di, 8di, 9c, 10c, 11c, 12dii, 13b, 14dii,
15dii, 16dii, 17e, 18e, 19e, 20e, 21e, 22e, 23f, 24e, 25f, 26dii, 27dii,
28f, 29dii, 30f, 31f, 32dii, 33c, 34e, 35c, 36e, 37di, 38e, 39e, 40e, 41b,
42a, 43di, 44di, 45di, 46a, 47f, 48f, 49f, 50f, 51f, 52e, 53f, 54e, 55e,
56e, 57e, 58e, 59e, 60g.
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3.
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Magna Carta today in Alberta (* for England):
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1215
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1225
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Summary of Provision
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c. 01
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*1
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General confirmation of liberties of the Church
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cc. 7&8
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07
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Widows’ marriage
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c. 09
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08
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Sureties, chattels to be seized before land
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c. 13
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*9
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Liberties of London
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c. 22
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14
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Amercements of men of all sorts
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c. 23
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15
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Distraint for making of bridges and banks
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c.
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16
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Defending bridges and banks unless defended temp H.I
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c. 26
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18
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King’s debtor dying, king shall be paid first
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c. 39
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*29
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Due process
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c. 41
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30
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Merchant strangers coming into the realm
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c.
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*37
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A subsidy in respect of the Charter
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4.
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Selected Clauses
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a.
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Clause 18. Assizes of novel disseisin, of mort d'ancestor, and of
darrein presentment shall be held only in their counties [of origin] and in
this way: we, or our chief justice if we are out of the kingdom, will send
two justices through each county four times a year; and they, together with
four knights of each county elected by the county [court], shall hol the
aforesaid assizes in the county, on the day and at the place [set for the
meeting] of the county [court].
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b.
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Clause 34. Henceforth the writ called praecipe shall not be issued for any one concerning any tenement
whereby a freeman may lose his court.
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c.
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Clause 39. No freeman (nullus
liber homo) shall be captured or imprisoned or disseised or outlawed or
exiled or in any way destroyed, nor will we go against him or send against
him, except by the lawful judgment of his peers or by the law of the land.
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