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MAGNA CARTA


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Bianca
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« on: December 06, 2007, 08:08:21 pm »



MAGNA CARTA CUM STATUTIS ANGLIAE

(Great Charter with English Statutes)
page 1 of manuscript, fourteenth century.







Content



The Magna Carta was originally written in Latin. A large part of Magna Carta was copied, nearly verbatim, from the Charter of Liberties of Henry I, issued when Henry I ascended to the throne in 1100, which bound the king to certain laws regarding the treatment of church officials and nobles, effectively granting certain civil liberties to the church and the English nobility.

 
The document commonly known as Magna Carta today is not the 1215 charter but a later charter of 1225, and is usually shown in the form of The Charter of 1297 when it was confirmed by Edward I. At the time of the 1215 charter, many of the provisions were not meant to make long term changes but simply to right the immediate wrongs, and therefore The Charter was reissued three times in the reign of Henry III (1216, 1217 and 1225) in order to provide for an updated version. After this, each individual king for the next two hundred years (until Henry V in 1416) personally confirmed the 1225 charter in his own charter.





Rights still in force today



For modern times, the most enduring legacy of the Magna Carta is considered the right of Habeas Corpus. This right arises from what we now call Clauses 36, 38, 39, and 40 of the 1215 Magna Carta.

The impact of the Magna Carta worldwide is great in its influence, for example on Commonwealth law and United States law. The following material refers to United Kingdom law and stands apart from a broader appreciation of the wider impact of the Magna Carta.

Three clauses of the 1297 version of Magna Carta remain in legal force in England and Wales. Clause 1 guarantees the freedom of the English Church. Although this originally meant freedom from the King, later in history it was used for different purposes (see below). Clause 9 guarantees the “ancient liberties” of the city of London. Clause 29 guarantees a right to due process.



I. FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.

IX. THE City of London shall have all the old Liberties and Customs which it hath been used to have. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their Liberties and free Customs.

XXIX. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

The repeal of clause 26 in 1829 [2] was the first time a clause of Magna Carta was repealed. With the document's perceived protected status broken, in one hundred fifty years nearly the whole charter was repealed, leaving just Clauses 1, 9, and 29 still in force after 1969. Most of it was repealed in England and Wales by the Statute Law Revision Act 1863, and in Ireland by the Statute Law (Ireland) Revision Act 1872.
« Last Edit: December 06, 2007, 08:14:16 pm by Bianca2001 » Report Spam   Logged

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