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The Lincoln Charter of the Forest Conference
LINCOLN RECORD SOCIETY Bishop Grosseteste University, Woodland Trust, American Bar Association THE LINCOLN CHARTER OF THE FOREST CONFERENCE 22-24 September 2017 THE CHARTER OF THE FOREST: EVOLVING HUMAN RIGHTS IN NATURE Nicholas A. Robinson University Professor for the Environment Kerlin Distinguished Professor of Environmental Law Emeritus Elisabeth Haub School of Law at Pace University, New York © Nicholas A. Robinson 3 September 2017– Author’s moral rights asserted. This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance. I congratulate The Lincoln Record Society and thank the conference organizers. I am honored to be addressing you, although I must confess to being akin to Mark Twain’s Connecticut Yankee in King Arthur’s Court.3 As an American, I cannot claim the “liberties of the forest” that were ceded to the English. Nor am I a medievalist, but only a student of medieval historians, such as G.J. Turner, whose Select Pleas of the Forest4 inspired my own comparative law studies of Forest Law and the Charter of 1217, and also Professors J.C. -
'Common Rights' - What Are They?
'Common Rights' - What are they? An investigation into rights of passage and rights of land use (or rights of common) Alan Shelley PG Dissertation in Landscape Architecture Cheltenham & Gloucester College of Higher Education April2000 Abstract There is a level of confusion relating to the expression 'common' when describing 'common rights'. What is 'common'? Common is a word which describes sharing or 'that affecting all alike'. Our 'common humanity' may be a term used to describe people in general. When we refer to something 'common' we are often saying, or implying, it is 'ordinary' or as normal. Mankind, in its earliest civilisation formed societies, usually of a family tribe, that expanded. Society is principled on community. What are 'rights'? Rights are generally agreed practices. Most often they are considered ethically, to be moral, just, correct and true. They may even be perceived, in some cases, to include duty. The evolution of mankind and society has its origins in the land. Generally speaking common rights have come from land-lore (the use of land). Conflicts have evolved between customs and the statutory rights of common people (the people of the commons). This has been influenced by Church (Canonical) law, from Roman formation, statutory enclosures of land and the corporation of local government. Privilege, has allowed 'freemen', by various customs, certain advantages over the general populace, or 'common people'. Unfortunately, the term no longer describes a relationship of such people with the land, but to their nationhood. Contents Page Common Rights - What are they?................................................................................ 1 Rights of Common ...................................................................................................... 4 Woods and wood pasture ............................................................................................ -
Quia Emptores, Subinfeudation, and the Decline of Feudalism In
QUIA EMPTORES, SUBINFEUDATION, AND THE DECLINE OF FEUDALISM IN MEDIEVAL ENGLAND: FEUDALISM, IT IS YOUR COUNT THAT VOTES Michael D. Garofalo Thesis Prepared for the Degree of MASTER OF SCIENCE UNIVERSITY OF NORTH TEXAS August 2017 APPROVED: Christopher Fuhrmann, Committee Chair Laura Stern, Committee Member Mickey Abel, Minor Professor Harold Tanner, Chair of the Department of History David Holdeman, Dean of the College of Arts and Sciences Victor Prybutok, Dean of the Toulouse Graduate School Garofalo, Michael D. Quia Emptores, Subinfeudation, and the Decline of Feudalism in Medieval England: Feudalism, it is Your Count that Votes. Master of Science (History), August 2017, 123 pp., bibliography, 121 titles. The focus of this thesis is threefold. First, Edward I enacted the Statute of Westminster III, Quia Emptores in 1290, at the insistence of his leading barons. Secondly, there were precedents for the king of England doing something against his will. Finally, there were unintended consequences once parliament passed this statute. The passage of the statute effectively outlawed subinfeudation in all fee simple estates. It also detailed how land was able to be transferred from one possessor to another. Prior to this statute being signed into law, a lord owed the King feudal incidences, which are fees or services of various types, paid by each property holder. In some cases, these fees were due in the form of knights and fighting soldiers along with the weapons and armor to support them. The number of these knights owed depended on the amount of land held. Lords in many cases would transfer land to another person and that person would now owe the feudal incidences to his new lord, not the original one. -
From the King's Will to the Law of the Land
FROM THE KING’S WILL TO THE LAW OF THE LAND: ENGLISH FOREST LITIGATION IN THE CURIA REGIS ROLLS, 1199-1243 A THESIS IN History Presented to the Faculty of the University of Missouri-Kansas City in partial fulfillment of the requirements for the degree MASTER OF ARTS by PAULA ANN HAYWARD B.A. with Honors, Missouri Western State University, 2018 Kansas City, Missouri 2020 © 2020 PAULA ANN HAYWARD ALL RIGHTS RESERVED FROM THE KING’S WILL TO THE LAW OF THE LAND: ENGLISH FOREST LITIGATION IN THE CURIA REGIS ROLLS, 1199-1243 Paula Ann Hayward, Candidate for the Master of Arts Degree University of Missouri-Kansas City, 2020 ABSTRACT While regulations governing the use of Medieval English land and game previously existed, William I implemented a distinct Anglo-Norman version of forest law after the Norman Conquest in 1066. Forests as a legal term, however, did not solely mean wooded lands. Forests covered many terrains, including pasture or meadow. Forest law evolved from regulations that changed with the king’s will to a bureaucratic system that became law of the land. That shift came slowly through the reigns of King John (r. 1199-1216) and Henry III (r. 1216-1272). While discord dominated John’s relationship with his barons, once his son Henry reached majority he responded favorably to critiques of his reign by the nobles. The forest cases in the Curia Regis Rolls, litigation records from the English central court, highlight the complex legal negotiations between the king, the elites, and those who operated in the forests. Nobles who had access to the king’s court confirmed or maintained their rights to land and its resources through these suits. -
Magna Carta and the Forest Charter: Two Stories of Property Paul Babie
NORTH CAROLINA LAW REVIEW Volume 94 | Number 5 Article 4 6-1-2016 Magna Carta and the Forest Charter: Two Stories of Property Paul Babie Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Paul Babie, Magna Carta and the Forest Charter: Two Stories of Property, 94 N.C. L. Rev. 1431 (2016). Available at: http://scholarship.law.unc.edu/nclr/vol94/iss5/4 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 94 N.C. L. REV. 1431 (2016) MAGNA CARTA AND THE FOREST CHARTER: TWO STORIES OF PROPERTY WHAT WILL YOU BE DOING IN 2017?* PAUL BABIE** Figure 1. A Medieval Forest1 * © 2016 Paul Babie. ** Professor of Law (Personal Chair of Law), Adelaide Law School, the University of Adelaide. I am most grateful to John V. Orth for conversations, comments, and advice in thinking about and writing this article. Thanks also for helpful comments to the participants of the North Carolina Law Review’s Annual Symposium, “Celebrating 800 Years of Magna Carta,” held in Chapel Hill, North Carolina on October 2, 2015, especially to my panel colleagues, R.H. Helmholz, Charles Donahue, Jr., and Wilfrid Prest. Sincere thanks to Laira Krieg (LLB, 2014), Seb Tonkin (LLB, 2014) and Emily Carr (LLB, 2015) for their outstanding research assistance, advice, and intellectual camaraderie in the writing of this Article. -
The Original Fourth Amendment
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2016 The Original Fourth Amendment Laura K. Donohue Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1616 http://ssrn.com/abstract=2726148 83 U. Chi. L. Rev. 1181 (2016) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons The Original Fourth Amendment Laura K. Donohue† The meaning of the rights enshrined in the Constitution provides a critical baseline for understanding the limits of government action—perhaps nowhere more so than in regard to the Fourth Amendment. At the time it was adopted, the Fourth Amendment prohibited the government from entering into any home, warehouse, or place of business against the owner’s wishes to search for or to seize persons, papers, or effects, absent a specific warrant. Consistent with English common law, the nota- ble exception was when law enforcement or citizens were pursuing a known felon. Outside of such circumstances, search and seizure required government officials to approach a magistrate and, under oath, to provide evidence of the suspected offense and to particularly describe the place to be searched and persons or things to be seized. Scholars’ insistence that the Fourth Amendment does not entail a general protection against government entry into the home without a warrant does more than just fail to appreciate the context. It contradicts the meaning of the text itself, which carefully lays out the conditions that must be met before the government may intrude. -
Celebrating the 800 Anniversary of the Charter of the Forest – Why It Matters to Environmental, Energy and Resources Lawyers
th Celebrating the 800 Anniversary of the Charter of the Forest – Why it matters to environmental, energy and resources lawyers. Steven Miano1 2017 marks the 800th anniversary of the Charter of the Forest. Celebrations will take place in several cities around the world, most notably at the Lincoln Cathedral north of London, where one of the few surviving original copies of the Charter makes its home, alongside the Magna Carta. Celebrations are also being planned in Washington, D.C. at the Library of Congress. Other celebrations are being planned around the world. Why? Chances are, many of you don’t know much about the Charter of the Forest, its significance, and its historical and enduring relevance to environmental, energy and resources law. The Charter of the Forest (also known as the Carta de Foresta: http://www.constitution.org/eng/charter_forest.html) is widely considered one of the first laws in the world to regulate the use of natural resources. It did that by extending, for the first time, tangible rights, privileges, and protections regarding the use of the forests in England to the common man. In so doing, the Charter established a basic right to use of public lands and resources, and it established the concept of the commons (here, the forest and its resources). Viewed in the context of current controversies over use of public lands, one might argue that the Charter of the Forest is perhaps more relevant today than it has been in hundreds of years. History of the Charter of the Forest From the time of William the Conqueror in the 11th century, English Kings reserved increasingly large areas for use as royal forests. -
5 Magna Carta and the Rise of Anglo-American Constitutionalism
Dorota Pietrzyk-Reeves1 5 Magna Carta and the Rise of Anglo-American Constitutionalism 5.1 The Great Charter The history of institutions is inseparable from the history of ideas, but sometimes it is the institutions that inspire the development of political ideas. In case of Magna Carta that became part of the English constitution it certainly was the latter. A practi- cal solution to political problems caused by the rebel barons gathered in London in 1215, Magna Carta established principles fundamental for the institution of the rule of law which later on British and American political thought has spread throughout the modern world (Madden, 2005, p.10). My main research question in this essay is to what extent an interesting parallel between Magna Carta and its legacy and later con- stitutional developments that took place in Europe and America can be determined. This parallel, or perhaps even inspiration, would indicate that there is a common her- itage to the ideas of constitutionalism in Western political thought and legal culture. In order to do that I look at the ideas that shaped Magna Carta and their transmission into later periods and contexts. One of these contexts that is examined here is the rise of constitutionalism in the Polish Commonwealth in the early sixteenth century. The English barons upon whose demand king John decided to grant the first charter of liberties that we know, the famous Magna Carta Libertatum, insisted simply that the king obeys his own rules. The dispute was to be set not by war, but trough a legal process. -
Anglo-Saxon Constitutional History
English Legal History—Lecture Outline Wed., 6 Oct. Page 1 THE THIRTEENTH CENTURY: THE BARONS’ WARS AND THE LEGISLATION OF EDWARD I 1. Generalities about the 13th century. a. Gothic art and architecture—Reims, Notre Dame de Paris, Amiens, Westminster Abbey, Salisbury, and Lincoln Images: Durham cathedral, Salisbury cathedral, Chapter House at Winchester http://www.law.harvard.edu/faculty/cdonahue/courses/ELH/lectures/l09_cathedrals_1.pdf b. The high point of scholastic philosophy and theology—Albert the Great, Thomas Aquinas, Duns Scotus, Bonaventure c. New religious orders (Franciscans and Dominicans) d. Height of the temporal power of the papacy—Innocent III, Gregory IX, Innocent IV, ending with Boniface VIII at the end of the century e. The great glosses of Roman and canon law; Bracton and Beaumanoir Image: Bracton’s tomb http://www.law.harvard.edu/faculty/cdonahue/courses/ELH/slides/BractonTomb.jpg 2. English Chronology (Mats., p. V-15). Henry III — 1216–1272 — 57 years — died at age 65 Edward I — 1272–1307 — 35 years — died at age 68 1232 — End of Hubert de Burgh’s justiciarship 1258–59 — Provisions of Oxford, Provisions of Westminster, Treaty of Paris, the dynasty changes its name from Angevin to Plantegenet 1264 — Mise of Amiens, Battle of Lewes, Simon de Montfort’s 1st parliament 1265 — Simon de Montfort’s 2nd parliament, Battle of Evesham 1266 — Dictum of Kenilworth 1284 — Statute of Wales 1285 — Westminster II, De Donis 1290 — Westminster III, Quia Emptores 1292 — Judgment for John Baliol, beginning of Scottish wars 1295 — “Model” Parliament 1297 — Confirmatio cartarum 1303 — Treaty of Paris with Philip the Fair 3. -
The Charter of the Forest: Evolving Human Rights in Nature
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2014 The Charter of the Forest: Evolving Human Rights in Nature Nicholas A. Robinson Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Environmental Law Commons, Legal History Commons, Natural Law Commons, and the Natural Resources Law Commons Recommended Citation Nicholas A. Robinson, The Charter of the Forest: Evolving Human Rights in Nature, in Magna Carta and the Rule of Law 311 (Daniel Barstow Magraw et al., eds. 2014), http://digitalcommons.pace.edu/ lawfaculty/990/. This Book Chapter is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Chapter 12 The Charter of the Forest: Evolving Human Rights in Nature Nicholas A. Robinson Ln 1759 William Bla kstone published TJ)e Great Charter and the harter of tbe Forest, with other Authentic Instruments, to whjch is Prefixed An lntrodu tory Discourse containing The History of the hal·ters.! Since then, much ha been written about Magna Carta but little has been written about the companioD Forest Charter. This chapter reexamines "the e twO sacred charters,,,2 focusing u,p n the "liberties of the for sr '3 that the po,re t barter established, an I how they evolved amjd the contentious struggles over stewardship of England' fore t re urce.4 The Forest harter both contributed to establishing the ruJe of law and aJ 0 laun hed ight enturies f legislation conserving forest resources and lands ape. -
Magna Carta in Australia 1803–2015 David Clark
Magna Carta in Australia 1803–2015 David Clark … the greatness of Magna Carta does not lie in what it meant to its framers. Its greatness emerges from what it has meant to political leaders and jurists down the ensuing centuries, during which the civil and political rights of the people have developed, and the rule of law has been established.1 It’s not so much what Magna Carta said or did as much as what it has come to represent: people’s freedom to live the life they choose; and political authority chosen by the people and constrained by law.2 At the very heart of Magna Carta there was one idea in every word of the 63 clauses. It was the idea that, rather than settling the administration of a nation through conflict, through armies, through dictators and even through a benevolent monarchy, a group of words could explain to society how it is run. As Winston Churchill did indeed say, the Magna Carta represents the supreme law because it puts the rule of law above even the power of the monarch.3 Introduction For a document that lasted barely nine weeks Magna Carta4 has had a long run. The secret to its survival has been its ability to adapt even though its authors in 1215 expected it to last in perpetuity.5 But from the beginning it was subject to change. Although Pope Innocent III annulled the charter in August 1215 it was reissued twice in the following year (including a special version for Ireland),6 once in 12177 and 1 Commonwealth, Parliamentary Debates, Senate, 11 September 1952, p. -
The Charter of the Forest 1217: a Medieval Solution for a Post-Modern Problem? Professor Mark Hill QC Centre for Law and Religion, Cardiff University, UK
G20 Interfaith Summit, Istanbul, 16-18 November 2015 Religion, Peace and Sustainable Communities The Charter of the Forest 1217: A Medieval Solution for a Post-Modern Problem? Professor Mark Hill QC Centre for Law and Religion, Cardiff University, UK The eight hundredth anniversary of the sealing of Magna Carta in 1215 has been celebrated all over the world this year in many different ways. The document, a pragmatic peace treaty negotiated in the marshy banks of the river Thames at Runnymede on 15 June 1215, has become the iconic bedrock of fundamental constitutional principles throughout the common law world and beyond. It is the basis of the rule of law, trial by jury, habeus corpus although – as I have written elsewhere – the reverence afforded Magna Carta lies more in the mythological remembrance of its spirit than in historic reality. The fact that its origins may be clouded in collective amnesia does not detract from its abiding importance in framing principles of democratic governance and substantive due process today. Eleanor Roosevelt famously remarked that the United Nations Declaration of Human Rights constituted a Magna Carta for modern times. The text of Magna Carta included high-vaulted statements of principle alongside clauses of mundane specificity. It is a matter of record that the Church had a hand in its drafting with Stephen Langton, Archbishop of Canterbury and several other bishops heavily involved in negotiating its terms. But – as I have also written elsewhere – Magna Carta was not unique. Similar charters defining the relationship between the ruler and the ruled are recorded throughout continental Europe, particularly in Italy, France and Germany.