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Front Page arrow Titles (by Subject) arrow CHAPTER SIXTY–THREE. - Magna Carta: A Commentary on the Great Charter of King John, with an Historical Introduction

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Collection: Goodrich Seminar Room
Subject Area: Law
Collection: Classics of Liberty

CHAPTER SIXTY–THREE. - William Sharp McKechnie, Magna Carta: A Commentary on the Great Charter of King John, with an Historical Introduction [1215]

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Magna Carta: A Commentary on the Great Charter of King John, with an Historical Introduction, by William Sharp McKechnie (Glasgow: Maclehose, 1914).

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CHAPTER SIXTY–THREE.

Quare volumus et firmiter precipimus quod Anglicana ecclesia libera sit et quod homines in regno nostro habeant et teneant omnes prefatas libertates, jura, et concessiones, bene et in pace, libere et quiete, plene et integre sibi et heredibus suis, de nobis et heredibus nostris, in omnibus rebus et locis, in perpetuum, sicut predictum est. Juratum est autem tam ex parte nostra quam ex parte baronum, quod hec omnia supradicta bona fide et sine malo ingenio observabuntur. Testibus supradictis et multis aliis. Data per manum nostram in prato quod vocatur Ronimede, inter Windlesoram et Stanes, quinto decimo die Junii, anno regni nostri decimo septimo.

Wherefore it is our will, and we firmly enjoin, that the English Church be free, and that the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, of us and our heirs, in all respects and in all places for ever, as is aforesaid. An oath, moreover, has been taken, as well on our part as on the part of the barons, that all these conditions aforesaid shall be kept in good faith and without evil intent. Given under our hand—the above–named and many others being witnesses—in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign.

This last of the sixty–three chapters into which Magna Carta has been divided by modern commentators, contains little that calls for remark. Beginning with a repetition of the declarations made in chapter one that the English church should be free (omitting, however, any second reference to canonical election) and that homines in regno nostro should have and hold all of the aforesaid liberties, rights and concessions, it records that both parties had taken oath to observe its contents in good faith.1 The magnates named in the preamble were thereafter, along with many others unnamed, referred to collectively as witnesses. The Charter concludes with a declaration that it has been “given by our hand,” and the place and date are specified. The actual “giving” by John’s hand was effected by impress of his great seal.2

APPENDIX.
DOCUMENTS RELATIVE TO, OR ILLUSTRATIVE OF, MAGNA CARTA.

[1 ]Cf. supra, p. 40.

[2 ]There are no signatures to the document. The frequent references to “the signing of the Great Charter” are thus inaccurate, if “signing” is taken in its modern sense of “subscribing,” but may perhaps be justified by a reference to signum in its original meaning of “a seal.” To imprint a seal was, in a sense, “to sign.” Reasons have already been given for holding that Magna Carta, in spite of its mention of its own date as 15th June, was actually sealed on the 19th. See supra, pp. 48–9.