Page images
PDF
EPUB

their family and suite, though in the case of the suite special provisions are taken to secure that this privilege is not usurped by those who have no claim to it.

It is to be noticed that the relations of England with foreign States and populations are of a threefold description, that is, legal (as above described), political, and moral.

It is a matter of purely legal consideration to determine whether or not England may or may not do a proposed act without subjecting herself to general reprobation on the part of all other States as a law-breaker, or incurring on this ground the risk of war.

It is a matter of purely political consideration to determine whether in the interest of England, as widely estimated, it be expedient to make or to revise a treaty, to recognise a new form of government in a foreign State, to take part in a war, or to exchange or sell a portion of the national soil.

It is, lastly, a matter of purely moral consideration (though this cannot always be distinguished from the last) to determine what England ought or ought not to do in view of the claims of other States, and of the whole world (especially in the future), quite independently of any separate interest of her own.

This last class of considerations has happily been brought out into increased relief of late years. It is justly urged that England's moral responsibilities ought more and more decisively to determine her political conduct; that, for instance, she should gradually prepare the way for the native self-government of her Indian Empire; that she should take steps which may enable her in time to abandon all those outlying possessions which mainly serve to keep up the memory and instinct of national rivalries, while they obstruct the progress and wound the just pride of the States to which they geographically belong; that she should make war (if at all), not to carry out direct or indirect ends of

national aggrandisement, but solely to maintain and promote the permanent peace of the world; that, in reference to the aboriginal populations, she should set her face stedfastly against slavery, at the hands of her own citizens or of others, and should do her utmost in all ways to secure that those populations are justly and humanely treated, instead of being first corrupted by the vices, and then sacrificed to the greed, of those who call themselves a superior and civilised race.

APPENDICES.

APPENDIX A.

(1) MAGNA CARTA,'

OR

THE GREAT Charter of KING JOHN, GRANTED JUNE 15, A.D. 1215.

JOHN, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitaine, and Count of Anjou, to his Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, Governors, Officers, and to all Bailiffs, and his faithful subjects, greeting. Know ye, that we, in the presence of God, and for the salvation of our soul, and the souls of all our ancestors and heirs, and unto the honour of God and the ad

1 The translation given by Sir E. Creasy has been chiefly followed, but it has been collated with another accurate translation by Mr. Richard Thompson, accompanying his Historical Essay on Magna Charta, published in 1829, and also with the Latin text.

The explanation of the whole Charter must be sought chiefly in detailed accounts of the Feudal system in England, as explained in such works as those of Stubbs, Hallam, and Blackstone. The scattered notes here introduced have only for their purpose to elucidate the most unusual and perplexing expressions. The Charter printed in the Statute Book is that issued in the ninth year of Henry III., which is also the one specially confirmed by the Charter of Edward I. The Charter of Henry III. differs in some (generally) insignificant points from that of John. The most important difference is the omission in the later Charter of the 14th and 15th Articles of John's Charter, by which the King is restricted from levying aids beyond the three ordinary ones, without the assent of the Common Council of the Kingdom," and provision is made for summoning it. This passage is restored by Edward I. Magna Charta has been solemnly confirmed upwards of thirty times.

"

vancement of Holy Church, and amendment of our Realm, by advice of our venerable Fathers, Stephen, Archbishop of Canterbury, Primate of all England and Cardinal of the Holy Roman Church; Henry, Archbishop of Dublin; William, of London: Peter, of Winchester; Jocelin, of Bath and Glastonbury; Hugh, of Lincoln; Walter, of Worcester; William, of Coventry; Benedict, of Rochester-Bishops of Master Pandulph, Sub-Deacon and Familiar of our Lord the Pope; Brother Aymeric, Master of the Knights-Templars in England; and of the noble Persons, William Marescall, Earl of Pembroke ; William, Earl of Salisbury; William, Earl of Warren; William, Earl of Arundel; Alan de Galloway, Constable of Scotland; Warin FitzGerald, Peter Fitz Herbert, and Hubert de Burgh, Seneschal of Poitou; Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip of Albiney, Robert de Roppell, John Mareschal, John Fitz Hugh, and others, our liegemen, have, in the first place, granted to God, and by this our present Charter confirmed, for us and our heirs for ever :—

1. That the Church of England shall be free, and have her whole rights, and her liberties inviolable; and we will have them so observed, that it may appear thence that the freedom of elections, which is reckoned chief and indispensable to the English Church, and which we granted and confirmed by our Charter, and obtained the confirmation of the same from our Lord the Pope Innocent III., before the discord between us and our barons, was granted of mere free will; which Charter we shall observe, and we do will it to be faithfully observed by our heirs for ever.

2. We also have granted to all the freemen of our kingdom, for us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever: If any of our earls, or barons, or others, who hold of us in chief by military service, shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief—that is to say, the heir or heirs of an earl, for a whole earldom, by a hundred pounds; the heir or heirs of a baron, for a whole barony, by a hundred pounds; the heir or heirs of a knight, for a whole knight's fee, by a hundred shillings at most; and whoever oweth less shall give less, according to the ancient custom of fees.

3. But if the heir of any such shall be under age, and shall be

« PreviousContinue »