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in 1495, the eleventh year of Henry VII., it was decreed, that all previous Statutes of England should be extended into, that country. See also a Royal Writ for the extension of the privileges of the Great Charter to Ireland, issued by Henry III. in 1216, page 116 of the preceding Charters. An explanation of the Freedom of the Church, in what it consisted, and an account of the Charter for Ecclesiastical Elections, will be found in a future note. It should be observed, that the Charter says, "the Church shall be free," because that cannot die nor pass away, but it's ministers are all liable to death; it therefore fixes these liberties upon a firmer foundation than the life of man only. The clause also adds, that the Church shall enjoy her whole rights and liberties inviolable, which is sufficient proof that it was intended only to preserve the privileges it already possessed; "and," adds Lord Coke, "great were sometimes their rights, for they had the third part of the possessions of the Realm, as it is affirmed in a Parliament roll," (4th Rich. II. No. 13.) Indeed the Ecclesiastics before this Charter, were well provided for by the ancient Statutes; in which they were discharged of purveyance of their own goods," of serving in any temporal office, although their possessions caused them to be elected for it, of going out to war, of all tolls and customs on their ecclesiastical property, and, in certain cases, of arrests upon their persons; such were a few of those privileges which this clause restored. The whole of these rights with some others, are still enjoyed by the Clergy of England, see "Ecclesiastical Law," by Dr. Richard Burn; Edit. by S. Fraser, Lond. 1797, Octavo, Vol. III. pages 194-211, Article "Privileges and Restraints of the Clergy." In this Chapter it is to be observed, that the expression we have granted to all the Freemen of our Kingdom, includes all persons both Clergy and Laity, in consequence of which it is guarded by the words under-written liberties, because the preceding clause concerned the Church alone and was therefore without restraint, in this secular persons had no interest, but claimed only the freedom of the Great Char

aThat is to say, having them taken by the King's Purveyors for his service, at a settled price. This was entirely discharged by the 12th Charles II. Cap. xxiv. Sect. 12.

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ter. The use of the words from us and from our heirs, was to prevent any doubts which might arise as to the stability of this instrument, to engage all the King's successors who were anciently called heirs, and to shew that liberties were at first derived from the crown. Coke.

CHAPTER II. Pages 49, 67, 106, 119, 132, 146.

This section of the Great Charter refers to an ancient law connected with Feudal Tenures, by which it was supposed, that the Lord of the estate was the real proprietor of all; though the Tenant, whilst he was able to do service for the land, held it in possession and enjoyed it's products. The grants issued by the superior Lord, lasted for life only; and, upon the decease of a Tenant, if his heir were not of an age sufficient to discharge all the services belonging to that fee, or estate, it still remained in the possession of the Chief Lord until he should be able to do so: for, it must be observed, that these services were, for the most part, doing duty in the field. Nor was such an arrangement either unreasonable or unjust, since, in the turbulent ages of Feudal Tenures, it was probably, says Dalrymple, "a favour to the heir and fief, to put them under the protection of the lord, at a time when the heir was incapable of defending either." Hence arose the right of Ward in the Military Tenures both in England and in Scotland; which in the latter nation, about three hundred years since, extended to the exclusion of the uncle or grandfather. At one period in Britain, the property returned entirely to the superior Lord, to re-grant or retain as he thought proper; but afterwards the heir was supposed to have some interest of succession, yet not an absolute one, nor could he easily have enforced it had he possessed even the right. In consequence of this, therefore, heirs were contented to pay an acknowledgment to their Lord for entering upon their estates; and hence arose the service of Reliefs, which it is the object of this division of the Great Charter to regulate.

The present Chapter, which has remained unaltered from the Charter of King John, in 1215, first provides for

Essay towards a General History of Feudal Property in Great Britain, Lond. 1757, 8vo. p. 43.

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the Reliefs to be paid by the Peers of England; and in so doing, it evinces that Earl was the highest title then existing. The first Duke since the Conquest, was Edward the Black Prince, created Duke of Cornwall in the year 1337, by a Charter, bearing date the 17th day of March. The first Marquis was Robert de Vere, Earl of Oxford, who was created Marquis of Dublin in the year 1384; and the first Viscount who sat in Parliament by that title, was John Beaumont, who was made Viscount Beaumont in the year 1439. The dignity of Barons, which is next in order in the clause, comprehends the whole of the Nobility, and the great Council of the Nobility.

Having mentioned the Peers, the Charter goes on to protect a degree, which, for the most part, was equal with them, such as held of the King in Chief by Military Service. A Tenant in capite, or chief, is when any one possesses a lordship immediately from the King himself, in right of his crown and dignity without any intervening Lord; and Military, or Knight's Service, is to possess lands either from the King or any other Lord, paying for the same personal homage, swearing fidelity, and attending the chief when summoned, ready arrayed for war. The amount of the Reliefs to be paid by these Tenants is next stated; and in conclusion of the former remarks on this subject, it should be observed, that anciently this present was said to be given in redemption of an estate, thus acknowledging that it had wholly de. parted from the family of a deceased proprietor; but in later times it was said to be given for the relief or renovation of an estate, the word being derived from the Latin Relevare, to lift up again. The most ancient Relief is called a Heriot, from the Saxon Here-geat, which literally signifies Armour and Weapons: "a tribute," says Somner in his Dictionarium Saxonico-Latino-Anglicum, Oxf. 1659, Folio, "of old given to the Lord of a manor, for his better preparation towards warre. We now call it a Heriot, and understand by it the best horse, ox, cow, or such like chattell, which the Tenant hath at the houre of his death, due to the Lord by custome." It was probably from this circumstance, then, that the original Reliefs were ordained to be paid in Armour; and by

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the Laws of King William the First, the Relief of an Earl was eight horses saddled and bridled, four helmets, four coats of mail, four shields, four spears, four swords, four chasors, or hunting horses, and one palfrey bridled and saddled. A Baron was to give half as much with the palfrey. A Vavasor, the next degree to a Peer, was to present his Lord with his best horse, his helmet, coat of mail, shield, spear, and sword; or instead of these one hundred shillings. A Countryman's Relief was his best beast, and he who farmed his lands gave a year's rent. Vide Leges Anglo-Saxonicæ, by David Wilkins, Lond. 1721, Folio, pages 223, 224, Nos. 22-24, 29. Thus there was originally a scale of settled sums for the lands of the different degrees, from the highest downwards; but previous to John's reign, especially in those of King William Rufus and Henry II., Reliefs became arbitrary, and often, under the title of a reasonable Relief, considerable oppressions were imposed. The sums mentioned in the text, would be about twenty times their value in modern currency; ten times in allowing for the difference of coin, and ten more in the quantity and worth of the article to be procured. The ancient Relief however, to which the present Chapter of Magna Charta alludes, was the giving up the fourth part of the value of an Earldom, a Barony, or a Knight's Fee for one year. Sir Edward Coke, in his comment upon this Chapter of the Third Great Charter of King Henry III., contends for reading an hundred marks (£66 13s. 4d.) for the Relief of a Barony, instead of an hundred pounds, as stated in the text. The sum which anciently was sufficient to maintain the dignity of a Knight, he observes, was £20 per annum, and his Relief, the fourth part, £5: the yearly value of a Baron's estate was to consist of thirteen Knights fees and a quarter, or four hundred marks, amounting to £266 13s. 4d. in modern coin; the fourth of which is one hundred marks, £66 13s. 4d. The estate of an Earl being £400 per annum, his Relief is truly rated at an hundred pounds.

It is evident that in this Chapter there was only a restitution of ancient customs, and no grant of new privileges; but the whole of this clause of Magna Charta is now rendered

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obsolete by an Act passed in the twelfth year of the reign of King Charles II. cap. 24. entitled, "an Act for taking away the Court of Wards and Liveries, and Tenures in Capite, and by Knight's Service, and Purveyance, and for settling a Revenue upon his Majesty in lieu thereof." This recompense consisted of some of the duties arising from the Excise. Coke.

CHAPTER III. Pages 49, 67, 107, 120, 132, 147.

The intent of this Chapter is to preserve the old Statute of the Common Law regarding Military Service, Coke on Littleton, Lib. II. Cap. iv. Sect. 112, by which it is provided, that the Lord of an estate cannot have both guardianship of the heir and his land, and also a Relief when he shall come of age to do Knight's, or Warlike service for it. For this cause then, if a person held lands of the King in Chief, and different lands under some other Lord, both by Military duty; the King by his prerogative had the wardship of all, and, upon the heir's coming of age, a Relief was paid to the other by way of recompense. The Homage is the first particular mentioned in the present Chapter in the additions made to the Great Charter of King John, by Henry III. in 1217; and this consisted in a Tenant appearing before his lord ungirt and uncovered, kneeling down, and then placing his joined hands between those of his Lord, promising fidelity to him saving his faith to the King. The reason of this being performed previously to the Lord of a fee taking his tenant's heir and land into ward, was to warrant the land to the heir, and to acquit him from any service to all other Lords. It was also provided, that though the heir should be made a Knight, which made him free as to his body, yet his lands should still be in ward, as the clause sets forth. The whole of this Chapter referred to heirs male only; but it was entirely cancelled by the act cited at the end of the last Note.

CHAPTER IV. Pages 49, 67, 107, 120, 103, 147.

The intent of this, and the following Chapter of the Great Charter, was to prevent the Sovereign from placing rich estates of heirs under age in the custody of mercenary men, who might exact heavier rents and services than the land had ever before been rated at; or who would destroy

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