 | iudicium parium suorum
. (
Monumenta Germaniae Historiae, Const.
1, 90.)
|
| 18.
Unusquisque per pares suos judicandus est, et eiusdem provinciae. Leges Henrici Primi
, cap. 31.7;
Gesetze
, I, 564.
|
| 19. William F. Swindler,
Magna Carta: Legend and Legacy
(Indianapolis: Bobbs-Merrill, 1965), pp. 9697.
|
| 20. Ullmann,
Individual and Society
, p. 75.
|
| 21. Ullmann,
Individual and Society
, p. 72.
|
| 22. J. C. Holt,
Magna Carta
(Cambridge: Cambridge University Press, 1965), p. 68.
|
| 23. See J. W. Gough,
Fundamental Law in English Constitutional History
(Oxford: Clarendon Press, 1955), pp. 3031, 4445.
|
| 24. Swindler,
Magna Carta
, pp. 22627.
|
| 25. The other thirty-three were repealed between 1828 and 1969 as English law became more simplified. Remaining in force are Clauses 1, 9, 29, and part of 37. Clause 1 establishes freedom for the English Church from interference by the monarchy in matters of ecclesiastical governance and control of church property. Clause 9 limits the Crown's remedies in the satisfaction of debts. Clause 29 protects due process. The first part of Clause 37, having to do with the feudal practice of
escuage
or ''shield money,'' became obsolete with the abolition of feudal tenures in 1660 and was formally abolished in 1863. The remainder of Clause 37 remains in force as a general policy statement and summary of the guarantees of the foregoing clauses. It reads: "[Moreover,] AND all these customs and liberties aforesaid, which we have granted to be held in this our realm, as much as appertaineth to us and our heirs, we shall observe; and all men of this our realm, as well spiritual as temporal, as much as in them is, shall observe the same against all persons, in like wise." In 1225, this clause meant only that, just as the king granted these liberties to his tenants, they were in turn to grant them to their subtenants. With the abolition of the tenurial system, the benefits of Magna Carta gradually came to be interpreted as applying to all persons. See Swindler,
Magna Carta
, p. 346.
|
| 26. Henry Parker,
Animadversions Animadverted
(1642), p. 3.
|
| 27. Chatham, speech during the debate on the state of the nation (1770), in William Cobbett,
The Parliamentary History of England from the Earliest Period to the Year 1803
, vol. 16 (London: T. C. Hansard, etc., 18061820), p. 148.
|
|
