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14 - Liberties and perpetuity

Published online by Cambridge University Press:  05 October 2014

J. C. Holt
Affiliation:
University of Cambridge
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Summary

‘We have also granted to all the free men of our realm for ourselves and our heirs for ever (in perpetuum) all the liberties written below.’ Thus cap. 1 of Magna Carta. The words are repeated in cap. 63 in corroboration – ‘the men in our realm shall have and hold all the aforesaid liberties … for ever (in perpetuum), as is aforesaid’. The immediate precedent is contained in the Charter itself. Cap. 1 opens – ‘In the first place [we have] granted to God and by this our present Charter have confirmed, for us and our heirs in perpetuity, that the English church shall be free …’, and also – ‘we conceded and confirmed by our Charter, freedom of elections … which we shall observe and wish our heirs to observe in good faith in perpetuity’. Here the Charter repeated John's grant of freedom of election to the church of 21 November 1214 – ‘libere sint in perpetuum electiones’. So cap. 1 of the Charter elides very easily from the liberties of the church to the liberties of the realm. It is as if ecclesiastical liberties infected all the rest, the whole placed within the broader notion of free and perpetual alms, the Community of freemen viewed as if it were as permanent and undying as the church itself with all its component institutions. If so, the infection was a strong one; all subsequent reissues of the Charter and the Charter of the Forest are grants made in perpetuity.

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Magna Carta , pp. 518 - 522
Publisher: Cambridge University Press
Print publication year: 1992

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  • Liberties and perpetuity
  • J. C. Holt, University of Cambridge
  • Book: Magna Carta
  • Online publication: 05 October 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107049956.027
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  • Liberties and perpetuity
  • J. C. Holt, University of Cambridge
  • Book: Magna Carta
  • Online publication: 05 October 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107049956.027
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Liberties and perpetuity
  • J. C. Holt, University of Cambridge
  • Book: Magna Carta
  • Online publication: 05 October 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107049956.027
Available formats
×