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untitled ... A HISTORY OF ENGLAND By H. O. ARNOLD - FORSTER Published By Cassell & Company's Publications MAGNA CHARTA (abridged ...
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Magna Charta which was sealed by King John and the Barons ,at Runnymede on the 15th June, 1215, is a long paper or parchment containing Forty-nine Articles or divisions . At the foot of the parchment are the seals of the king and of the barons. Magna Charta which was first signed by King John was afterwards altered several times and signed by Henry III., the son of King John. If we look in the law books of England, we shall find near the beginning, a statute which the lawyers call " Cap., lX., Hen. III " which means the ninth chapter of the statues passed in the time of King Henry III. Ever since that time Magna Charta has been part of the law of England, and it is interesting to remember that when Charles II. came back to England after the death of Oliver Cromwell, and was put back upon the throne, he was made to promise that he would observe the rules of Magna Charta.

We know exactly what Magna Charta was like, for we can see a copy of it at the British Museum, There were probably several copies made, and this is one of them. The Charter was written in Latin, as almost all laws and charters were at that time.
Of these forty-nine clauses, only a very few are of much interest to us nowadays. The reason for this is the. barons who made King John sign the Charter, did not pretend be making a set of new laws. What they did was to write clearly the laws and customs which they declared the king had broken and which they wished to make him keep and observe in the future. A great many of these laws and customs had to do with things which were very important at the time, but which have ceased to be important in our own days.

For instance, a great many of the clauses of the Charter speak of the feudal rights of the nobles. Others had to do with the rights of the towns, some clauses gave permission to merchants to travel freely, and to carry on their business without interference, and some had to do with less important matters. All these things mattered very much at the time, for the " Feudul law " was the law under which the barons lived. The feudal law has now been done away with, and is nearly forgotten. At that time the people in the towns had often hard work to protect themselves against the king or against the nobles. Nowadays all the people of England, whether in town or country, live under the same just laws, so there is little need for those parts of the Charter which have to do with the towns.

It is the same with many other clauses. So many things have changed in England, that the clauses no longer matter very much to us who live hundred's of years after the time of King John. For these reasons we can leave out those parts of the Charter which are no longer important, and can turn our attention to the parts which are best known, and which really make a difference even in the present day.

The following are the clauses, or Articles, as they are called, of the Charter, which we ought specially to remember:

Article 17. " The Court of Common Pleas shall not follow the King circuit, but shall be held in a certain fixed place."

Article 18. " We,' or if we are absent from the kingdom, our Chief Justiciary, shall send four times a year into each County, two Judges who . . shall hold the Assizes at the time and place appointed in the said County."

Article 38. " No Freeman shall be arrested, or imprisoned, or dispossessed of his tenement, or outlawed, or exiled, or in any wise proceeded against, unless by the legal judgment of his Peers, or by the Law of the Land."

Article 20. " No Freeman, Merchant or Villein ( husbandman ) , shall be excessively fined for a small offence the first shall not be deprived of his means of livelihood; the second of his merchandise; the third of his implements of husbandry."

Article 40. " To none will we sell, to none will we refuse, to none will we delay, right and justice "

Such is the promise made by King John on behalf of himself, and of those who were to come after him. It is well that such a promise should have been solemnly made to the people of England so long ago. Without justice to all alike, a country can never prosper. It had been the practice of King John, as it is still the practice of rulers in some parts of the world, to give judgments in favour of those who paid money for them in other words, to " sell justice." Sometimes the judgment was delayed for months and years, so that the person who sought justice, and who had right on his side, was kept out of his rights all his life. King John promised that for the future, justice should never be " delayed " .So, too, he promised that it should never be "refused " to those who asked for it.

These were great promises to make, and if they had been faithfully carried out, it would have been much better for England, and those who lived in it. Unfortunately, John himself was the very first to break these solemn promises which he had made, and many of the kings who came after him forgot or neglected the 40th Article of the Great Charter. and allowed justice to be sold, to be refused, and to be delayed to their subjects. But, thanks to the Charter, every king who acted thus, knew that he was doing wrong, and breaking the law which he had promised to keep. It was a great thing to have this right rule always there to point to, and to fight for .

And now, happily, in our own time, we have now nearly got all that King John promised, for it can be said that in England, justice is never sold, that it is never denied to any man rich or poor, high or low. It is true that justice is still sometimes delayed, and that it often takes a long time to get a judgment as to what are rights;
The Judges of Assize

" In the first class I place the judges as of the first importance. It is the public justice that holds the community together. " " Burke.
It was no use promising to give justice to all men, if there were no way in which justice could ho done, and in which the rights and wrongs in any case could ho heard.

In order that justice shall he done there must be judges. To provide the judges. Articles 17 and 18 were put into the Charter. In the time of King John all justice was supposed to he done by the king himself, and as, of course, he had not time to try all the cases that arose, so he appointed judges for this purpose.

Wherever the king went, the judges followed him. This was, of course, very inconvenient, for the king was constantly travelling sometimes to France, sometimes in Scotland, sometimes amusing himself in other ways. The consequence was that many people never got justice done to them at all, and though there were judges they were of little use.
It was for these reasons that Articles 17 and 18 were put into the Charter.

Article 17 says " The Court of Common Pleas shall not follow the King's Court, but shall he held in a certain fixed place."

Article 18 says " We. or, if we are absent from the kingdom, our Chief Justiciary, shall send four times a year into each County, two Judges, who . . . shall hold the Assize a at the time and place appointed in the said County."
A few years ago, anyone who went to Westminster, in London, and entered the great hall close to the Houses of Parliament, which is known as Westminster Hall, would have seen on one side of the Hall as he went up, five doors, and above them written in order, "Queen's Bench," "Common Pleas," "Exchequer," "Lords Justices," "Lord Chancellor" These were the doors of the Courts of Law, in which the judges sat.

The second door was that of the ' Common Pleas' anti there sat the judges hearing cases brought before them from all parts of the kingdom. They sat just as they were commanded to sit in Article 17 of Magna Charta. and ever since the time of King John. down to the time of Queen Victoria, the Judges of the Common Pleas have sat all the year round at Westminster, during the law terms, bear ones and to give judgment. It did not matter where the king or queen might be, everyone knew that the judges were to he found 'in a certain fixed place.' namely, the Court of Common Pleas at Westminster.

In the year 1884 the old Courts at Westminster were pulled down, new ones having been opened two years earlier in the great building which stands in the Strand, in London, and which is called the Royal Courts of Justice. The Court of Common Pleas., the Court of Exchequer, and the Court of King's Bench are now all joined together, and all the judges who sit in them, are called Judges of the King's Bench.' But though the name is changed, the thing is the same, and the Courts which sit at the Royal Courts of Justice in London are really the same Courts which are spoken of in Article 17 of Magna Charta.

But if everyone had to come to London to get justice, there would he very little justice done. This would be true even nowadays, when, thanks to railways, travelling is so easy and rapid. It would have been much more true in the time of King John, when there were scarcely any roads, and when it took weeks to get from York to London.
It was plain, therefore, that when those who wanted justice could not come to the judges, the judges must go to them. To provide for this,

Article 18 was put into the Charter. It runs as follows " We. or, if we are absent from the kingdom, our Chief Justiciary, shall send four times a year into each county, two judges, who . . . . shall hold the Assizes at the time and place appointed in the said County."

Here we see it is provided that the judges shall go into every county, and shall hold the Assizes at some appointed place. Article 18 was written in the year 1215. but to this very day the rule which is laid down in it is carried out, Everyone who has lived in, or near, a County Town knows what is meant by the Assizes. Once or twice every year the Judges of Assize come to York, to all the big towns in the country and to some of the small ones .

The two judges generally come into the town in state. The High Sheriff of the county goes to meet them in a grand carriage. Trumpeters ride before and blow upon their trumpets, and sometimes soldiers are sent to form a guard of honour for the judges. Two Courts are opened. In the one sits a judge clothed in a scarlet robe. He is called the "Crown Judge." All the prisoners who are in gaol waiting their trial are brought before him, to be tried by him and by a Jury, to he punished if they be guilty, and to be let free If they be innocent.

In the other Court sits the second judge in a black robe. He is called the " Civil Judge." and before him are brought all sorts of disputes between persons who have "gone to law " with each other. He hears both sides, and decides, which is right and which is. wrong, and gives his judgment accordingly.'

Thus we see that the rule laid down in the 18th Article of Magna Charta is still observed. For more than 700 years the Judges of Assize have taken their journeys through England, doing justice to the people in the name of the king or of the queen.

" You shall well and truly try and true deliverance make between our Sovereign Lord the King and the Prisoner at the Bar, and a true verdict give according to the evidence. So help you God I " - The Oath administered to the Jury

But we must not forget that the judges were appointed by the king, and that an unjust king might easily appoint unjust judges; and that if the king wished to harm any of his subjects, it was as easy for him to injure them through the judges as to do the harm himself. If, therefore, Magna Charta had stopped at Article 18 it would have been incomplete.

Article 39 was as follows : - " No freeman shall be arrested, or imprisoned, or dispossessed of his tenement, or outlawed, or exiled, or in anywise proceeded against, unless by the legal judgment of his pears, or by the Law of the Land "

In the first place we must notice that Article 39 talks of" Freemen." Nowadays all men in England are free, but in the time of King John this was not so. In those days, and for many years afterwards, there were many Englishmen who were actually slaves, while there were others who were known as "Serfs," and who, though not slaves, were something very like it. They were prevented from leaving the land on which they lived, and they were compelled to do a large amount of work for their "Lord " without payment. To such as these the 39th Article of the Charter did not apply. But now everybody in England is a free man .

What the role says is that no man shall be punished in any way except by Law, and that whenever he be charged with any crime, he shall have the right to be tried before a jury of his countrymen before he is found guilty. We have got so accustomed to the enjoyment of these rights now, that we hardly understand how valuable they seemed to those who first got them acknowledged as part of the laws of England. Those who do wrong must be punished. and it is often quite just that they should be put in prison ; but if the right to put them into prison were left to those whom they had injured, or to any person who was powerful enough to carry them off against their will., there soon be no peace in the land.

Over and over again it has happened in our history, that persons have been put into prison by powerful enemies, and their liberty taken away from them by force. But whenever this has been done, Article 39 of the Charter has been broken and set aside. The words of the Charter are very plain - No man shall be arrested, or imprisoned, or dispossessed of his tenement (this means turned out of his house or land), or in anywise proceeded against (which means that no steps shall be taken to punish or to injure him), except by the legal judgment of his Peers "

" The legal Judgment of his Peers," The Assizes court use a Jury of twelve men chosen by lot from a long list of persons known to the prisoner. The jury will hear the whole of the case against the prisoner, and it is they who will have to say whether he be " Guilty," or " Not Guilty," of the crime which is laid to his charge. If they say that he be " not guilty," nothing more can be done to him, and no one can touch him. It may be asked, What is the meaning of the word "Peers"? Peers here means " Equals," or persons in the same class of life. It was thought by those who drew up Magna Charta that it was only fair to a man that he should he tried by those of his own rank, and in his own way of life.

They thought that injustice would be done if those in one class were allowed to try those of another, for then there was always a danger that a jury of barons would be unfair to a churchman or to a merchant, that a jury of merchants would be unfair to a baron or a churchman, and so on. This was the more important, because, at the time when Magna Charta was signed, there were different laws for the churchmen, for the nobles and for the merchants and farmers. Now that there is only one law for all, it is not necessary different people to make any distinction between the juries by which are tried.

We must not suppose that because we are so accustomed to the idea of every man being judged according to law only, that even in our time the danger against which Article 39 of Magna Charta was intended to guard us is unknown. It is not so long ago, indeed, since men were put into prison and their property taken from them in England by order of the king, or by order of the House of Commons, contrary to the law of the land.

In the reign of Charles I., the king himself did many things which were contrary to the law. Among other things, he tried to take prisoners five Members of Parliament in the House of Commons itself. But the House of Commons would not let the king take the Members prisoners. It was long before Charles could be punished for his illegal deeds, but at last, as we know, the Parliament and the people rose against him, and drove him from his throne, and put him to death.

The very first thing that his son, Charles II., was made to do when he was put back upon the throne was to sign a solemn promise that he would always act according to the law, and that he would obey the rules which had been laid down in Magna Charta., and in the other laws of England.

Thus we see that Magna Charta has been a protection for the people and Parliament of England against the king, when the king became too strong But it was not the king only who broke the law and disobeyed the rules of Magna Charta. In the reign of George III., the House of Commons ordered some men who had written down the speeches made in Parliament to be put into prison.

At that time no one was allowed to give an account of what was said in Parliament. The House of Commons sent a messenger to take one of these men, named Wheble, prisoner. But Wheble had never been tried according to the law, which says that no 'man shall be imprisoned unless he has been tried and found guilty by a jury or , according to law. So when the messenger of the House of Commons came to take Wheble prisoner, Wheble turned the tables on him, and had the messenger himself made a prisoner.

The messenger was brought before the Lord Mayor of London to be tried, and the Lord Mayor said that it was plain that he had broken the law, for he had sought to imprison a man who had never been tried and found guilty. So the Lord Mayor sent the messenger of the House of Commons to prison. Then there was a great quarrel between the House of Commons and the Lord Mayor, but it ended in Wheble being allowed to go free. And thus we see that even the House of Commons has to obey the law, and is not allowed to break the rules laid down in Magn. Charta. And just as the king, when he was very powerful, tried to break the law, and just as Parliament, when it became very strong, tried to break the law, so also the very people for whom the law was made have sometimes tried to break it. There was a time, not very long ago, when there were great trouble and alarm in the town of Sheffield. A Trades Union had been formed among the workmen who ground saws in Sheffield. It was called the Saw Grinders Union.' All the saw grinders in Sheffield did not join the union, but those who belonged to it thought they were strong enough to make the others join. They did things which were contrary to law; and so at last Parliament had to put a stop to their cruel work. They sent down men who made inquiry about all that had taken place, and who showed how the law had been broken. Then those who had broken the law were told that if ever they dared to offend in the same way again they would be severely punished.

Thus it will be seen, that the Law is strong enough to punish King or Parliament, or People. and it is a good thing to have a law which will stop any man, whether he be rich or poor, high or low, from being unjust to others.
And even now, in our own time, there are many parts of the world in which people have been violently and unjustly put in prison, and their land and their property taken away from them, without any regard for the law, and without those who were thus unjustly treated receiving a fair and open trial.

" He shall keep the simple folk by their right; defend the children of the poor, and punish the wrong-doer. "

" No Freeman, Merchant, or Villein shall be excessively fined for a. small offence ; the first shall not be deprived of his means of llvelihood; the second of his merchandise; the third of his implements of husbandry."

This is a very important Article, and a very interesting one. Shortly put, it says, that however much one man may owe to another, he shall never be deprived of those things which are necessary to enable him to get a living.
The law nowadays is not exactly the same as that laid down in Article 20, for in our day a man's merchandise may be taken in payment of his debts, hut the law still says that a man's bed. and a man's tools with which he gets his living, may not be taken away from him.

Thus, not long ago, it happened that a woman in London owed money to a man. The man to whom she owed the money, the " Creditor," as he is called, went to law and got an order from the judge which enabled him , to take from, the woman who owed him the money, and who is called the " Debtor," enough of her property to pay the debt. Now, the woman was a seamstress, and earned her living by her sewing machine. The creditor sent bailiffs to take a sufficient amount of her property to pay the debt. Among other things the bailiffs took the sewing machine. This was against the law, and they had no right to do it. The woman in her turn went to the magistrate and told him what had been done . The magistrate at once said that the Law had been broken and ordered the return of the sewing machine showing the wisdom and reasonableness of the rule . we must not forget that Magna Charta is still part of the Law of the Land .