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Magna Carta

Part 5 — INDEX TO STATUTES.

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20 Henry III. c. 6, 78, 252

c. 9, 504

c. 11, 247 n., 492 n.

52 Henry III. c. 15, 264 n.

c. 16, 78 n., 248 n., 324 n.

c. 29, 412, 413 n.

3 Edward I. c. 1, 247 n., 366

c. 6, 345

c. 7, 388 n.

c. 10, 371

c. 11, 424, 433 n.

c. 12, 400

c. 20, 247 n.

c. 21, 245

c. 32, 387, 388 n., 393

c. 36, 81, 306

c. 41, 520 n.

c. 48, 248

4 Edward I. (Stat. of Rageman), 331 n.

6 Edward I. c. 1, 177 n.

c. 4, 67, 259 n.

c. 5, 245

c. 9, 424, 425

7 Edward I. 178

13 Edward I. c. 4, 247 n.

c. 5, 325 n.

c. 9, 424

c. 13, 364

c. 29, 420 n., 424

c. 30, 327, 330, 333

c. 39, 330

c. 47, 357

18 Edward I. 178

27 Edward I. c. 3, 330

28 Edward I. c. 4, 316

c. 5, 315

c. 7, 370

c. 12, 264

c. 14, 375

Stat. 3, c. 13, 366 n.

598Statutes of uncertain date.

Statute of Jewry, 271, 274

Praerogativa Regis, 398, 397 n.

Consuetudines et Assisae de foresta, 501

1 Edward III. Stat. 2, c. 1, 510

c. 13, 481

c. 17, 364 n.

2 Edward III. c. 2, 330

c. 9, 465 n., 472

c. 11, 310 n.

4 Edward III. c. 15, 376 n.

5 Edward III. c. 9, 441 n.

9 Edward III. c. 1, 472

14 Edward III. Stat. 1, c. 9, 376 n.

c. 21, 465 n.

Stat. 2, 281

Stat. 4, c. 4, 250

c. 5, 250

25 Edward III. Stat. 3, c. 4, 404

Stat. 4, c. 7, 472 n.

Stat. 5, c. 4, 441

c. 11, 82

27 Edward III. Stat. 2, c. 8, 440

28 Edward III. c. 13, 440

37 Edward III. c. 18, 441

38 Edward III. c. 3, 441-2 n.

42 Edward III. c. 1, 185, 424 n.

c. 3, 442 n.

2 Richard II. Stat. 1, c. 1, 473 n.

5 Richard II. Stat. 1, c. 2, 485

6 Richard II. c. 5, 333 n.

c. 6, 529 n.

11 Richard II. c. 7, 473 n.

c. 11, 333 n.

17 Richard II. c. 6, 442 n.

c. 9, 405 n.

4 Henry IV. c. 5, 376 n.

c. 11, 404 n.

5 Henry IV. c. 10, 370

c. 14, 425 n.

1 Edward IV. c. 2, 364 n.

59912 Edward IV. c. 7, 404

1 Richard III. c. 8, 415 n.

3 Henry VII. c. 1 (s. 11), 426

32 Henry VIII. c. 46, 248

1 Edward VI. c. 14, 481

c. 12 (s. 16), 253 n.

4 James I. c. 1 (s. 22), 475-6

3 Charles I. c. 1, 390, 442, 459

16 Charles I. c. 16, 501, 511

12 Charles II. c. 24, 67, 70, 72 n., 248, 387

13 Charles II. c. 8, 387, 392 n.

12 George III. c. 20, 400-1

54 George III. c. 145, 401 n.

60057 George III. c. 61, 502

59 George III. c. 46, 421, 427

8 George IV. c. 28, 401

3 and 4 William IV. c. 27, 320 n.

c. 106 (s. 10), 401

5 and 6 William IV. c. 76 (s. 14), 473

14 and 15 Victoria, c. 42, 502

15 and 16 Victoria, c. 76, 434

33 and 34 Victoria, c. 14, 477

c. 23, 401

37 and 38 Victoria, c. 94, 70, 80

50 and 51 Victoria, c. 35, 360 n.

601

Notes in this chapter

Note 24 · All three forms of feudal obligation—service, incidents, and aids—have long been obsolete in England. The statute 12 Charles II. c. 24 sweptNote 47 · See Pollock and Maitland, I. 292. It appears from statute of Marlborough, c. 16, that primer seisin extended over lands held by serjeanty asNote 76 · Vivarium in strictness means a place for keeping live-stock, but probably included the animals also. By Coke, in the Statutes at large, and Note 77 · Blackstone, Great Charter, lxxviii. considers this “an indulgence to guardians, by only directing them to deliver up the land ... in as goodNote 90 · See Petition of Barons (Sel. Charters, 383). Gradually the conception of disparagement was expanded, partly from the natural development of Note 107 · Several instances of the wider use of the word may be given. Bracton (III. folio 137) explains that, pending the trial of a man accused of fNote 121 · 28 Edward I. c. 12. See also Statute of Marlborough, 52 Henry III. c. 15.Note 76 · Jurisprudence and Ethics, 209. Sometimes, however, another “fixed place” was substituted. The Court of Common Pleas once sat at York under ENote 95 · See Statute 3 and 4 William IV. c. 27 §§ 36-7. The last actual case of a Grand Assize occurred in Davies v. Loundes, in 1835 and 1838 (1 BinNote 102 · At so late a date as 1267 it was found necessary to recognize by statute the right of the heir who had come of age to oust his guardian fromNote 103 · Such was the law as late as 1285. The Statute of Westminster II. (13 Edward I. c. 5) authoritatively explains that, when any one had wrongfuNote 9 · It is unnecessary to do more than notice the exceptional “commissions of trailbaston,” supposed to date from the Statute of Rageman (1276), Note 12 · Subsequent legislation vacillated between two policies, actuated at times by a desire to restrain the discretionary powers of the justices; Note 66 · The Criminal Procedure (Scotland) Act, 1887 (50 and 51 Victoria, c. 35) gave him jurisdiction over three of them.Note 77 · E.g. 13 Edward I. c. 13, and 1 Edward III., stat. 2, c. 17.Note 78 · 1 Edward IV. c. 2.Note 83 · Abuses by sheriffs and other bailiffs continued to be rife after 1215 as before it. Many later statutes afford graphic illustrations of the Note 88 · The evidence collected by Coke, Second Institute, 31, conclusively proves the identity of these two offices. See also Round, Ancient CharterNote 98 · See 4 Edward III. c. 15; 14 Edward III. c. 9; and 4 Henry IV. c. 5.Note 13 · The Statute of Westminster I. (3 Edward I. c. 7) enacted “that no constable or castellan from henceforth take any prise or like thing of anyNote 21 · The rate fixed by 13 Charles II. c. 8, for the hire of carts or carriages requisitioned by the king, was 6d. per mile. This hire included siNote 29 · See Pollock and Maitland, I. 316. “The apocryphal statute praerogativa regis which may represent the practice of the earlier years of EdwardNote 43 · E.g. 54 George III. c. 145, and 3 and 4 William IV. c. 106, s. 10.Note 48 · 12 Edward IV. c. 7. Apparently the earliest statute which refers to weirs as causing injury to fish was one passed in 1402, namely, 4 Henry Note 49 · It seems to have been generally assumed that these charters conferred positive as well as negative privileges on the citizens of London; thaNote 61 · See article 18 (Select Charters, p. 404). Other articles show a similar strong bias against seignorial justice. Cf. chapter 29 of the PetitiNote 66 · At a later date cloth of an alternative standard width was also legalized, viz., of one yard between the “lists.” Hence arose the distinctioNote 83 · In identifying the writ spoken of by Magna Carta as that “of life and limbs” with the well-known writ de odio et atia, most authorities relyNote 95 · Stephen, Hist. Crim. Law, I. 242 (following Foster, Crim. Cases, 284–5), considers that it was abolished by 6 Edward I., stat. 1, c. 9. CokeNote 97 · 6 Edward I., stat. 1, c. 9.Note 135 · See Carta Mercatoria, c. 8; 27 Edward III. stat. 2, c. 8; and 28 Edward III. c. 13; also Thayer, Evidence, p. 94.Note 141 · It would seem, however, from the words of these statutes that for this purpose the provisions of chapters 36 and 38 were used to supplement Note 52 · E.g. 2 Edward III. c. 9 and 14 Edward III., stat. 1, c. 21.Note 65 · See 9 Edward III. c. 1 and cf. 25 Edward III., stat. 4, c. 7.Note 67 · See 2 Richard II., stat. 1, c. 1 and 11 Richard II. c. 7.Note 98 · For the earliest notice of verderers see Select Pleas of the Forest, xix., n. Their appointment in the county court may indicate that they aNote 12 · In virtue of a series of Acts of which 14-15 Victoria c. 42 is the latest.Note 80 · Bracton, folio 151 b., cites the case of a champion sentenced to mutilation of a foot because he confessed that he was paid to appear, and wNote 89 · The Act 6 Richard II. c. 6, to prevent the wife’s connivance, extended the right of appeal in such cases to a woman’s husband, father, or ot
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