West''''s encyclopedia of American law 2ND EDITION Volume 12 potx

2ND EDITION
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How to Use This Book
❚ 1❚ Article Title
❚ 2❚ Definition in italics with Latin
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addressed briefly in the article
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American law
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within WEAL
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controversial or complex aspect
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❚11 ❚ Full cite for case
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2ND EDITION
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Volume 12
Primary Documents
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DEDICATION
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VOLUME 1
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
A–Ba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .507
VOLUME 2
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Be–Col . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .511
VOLUME 3
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii

Com–Dor . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .511
VOLUME 4
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Dou–Fre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .509
VOLUME 5
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Fri–Jam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .501
VOLUME 6
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Jap–Ma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .469
VOLUME 7
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Mc–Pl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .467
VOLUME 8
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Po–San . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .461
VOLUME 9
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii

Sar–Ten . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .465
VOLUME 10
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
Contributors . . . . . . . . . . . . . . . . . . . . . . . . . .vii
Ter–Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .459
VOLUME 11
Milestones in the Law
VOLUME 12
Primary Documents
VOLUME 13
Dictionary of Legal Terms
Cases Index
General Index
Contents
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ix
T
he U.S. legal system is admired around the
world for the freedoms it allows the indi-
vidual and the fairness with which it attempts to
treat all persons. On the surface, it may seem
simple, yet those who have delved into it know
that this sytem of federal and state constitutions,
statutes, regulations, and common-law decisions
is elaborate and complex. It derives from the
English common law, but includes principles
older than England, along with some principles

from other lands. The U.S. legal system, like
many others, has a language all its own, but too
often it is an unfamiliar language: many con-
cepts are still phrased in Latin. The second edi-
tion of West’s Encyclopedia of American Law
(WEAL) explains legal terms and concepts in
everyday language, however. It covers a wide
variety of persons, entities, and events that have
shaped the U.S. legal system and influenced
public perceptions of it.
MAIN FEATURES OF THIS SET
Entries
This encyclopedia contains nearly 5,000
entries devoted to terms, concepts, events,
movements, cases, and persons significant to
U.S. law. Entries on legal terms contain a defini-
tion of the term, followed by explanatory text if
necessary. Entries are arranged alphabetically in
standard encyclopedia format for ease of use. A
wide variety of additional features, listed later in
this preface, provide interesting background and
supplemental information.
Definitions Every entry on a legal term is
followed by a definition, which appears at the
beginning of the entry and is italicized. The
Dictionary and Indexes volume includes a glos-
sary containing all the definitions from WEAL.
Further Readings To facilitate further
research, a list of Further Readings is included at
the end of a majority of the main entries.

Cross-References WEAL provides two
types of cross-references, within and following
entries. Within the entries, terms are set in small
capital letters—for example,
LIEN—to indicate
that they have their own entry in the encyclope-
dia. At the end of the entries, related entries the
reader may wish to explore are listed alphabeti-
cally by title.
Blind cross-reference entries are also includ-
ed to direct the user to other entries throughout
the set.
In Focus Essays
In Focus essays accompany related entries
and provide additional facts, details, and argu-
ments on particularly interesting, important, or
controversial issues raised by those entries. The
subjects covered include hotly contested issues,
such as abortion, capital punishment, and gay
rights; detailed processes, such as the Food and
Drug Administration’s approval process for new
drugs; and important historical or social issues,
such as debates over the formation of the U.S.
Constitution.
Preface
primary_documents_FM 5/11/04 11:52 AM Page ix
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
x PREFACE
Sidebars
Sidebars provide brief highlights of some

interesting facet of accompanying entries. They
complement regular entries and In Focus essays
by adding informative details. Sidebar topics
include the Million Man March and the branch-
es of the U.S. armed services. Sidebars appear at
the top of a text page and are set in a box.
Biographies
WEAL profiles a wide variety of interesting
and influential people—including lawyers,
judges, government and civic leaders, and his-
torical and modern figures—who have played a
part in creating or shaping U.S. law. Each biog-
raphy includes a timeline, which shows impor-
tant moments in the subject’s life as well as
important historical events of the period.
Biographies appear alphabetically by the sub-
ject’s last name.
ADDITIONAL FEATURES OF THIS SET
Enhancements Throughout WEAL,readers
will find a broad array of photographs, charts,
graphs, manuscripts, legal forms, and other visu-
al aids enhancing the ideas presented in the text.
Indexes WEAL features a cases index and a
cumulative general index in a separate volume.
Appendixes
Three appendix volumes are included with
WEAL, containing hundreds of pages of docu-
ments, laws, manuscripts, and forms fundamen-
tal to and characteristic of U.S. law.
Milestone Cases in the Law

A special Appendix volume entitled Mile-
stones in the Law, allows readers to take a close
look at landmark cases in U.S. law. Readers can
explore the reasoning of the judges and the
arguments of the attorneys that produced major
decisions on important legal and social issues.
Included in each Milestone are the opinions of
the lower courts; the briefs presented by the par-
ties to the U.S. Supreme Court; and the decision
of the Supreme Court, including the majority
opinion and all concurring and dissenting opin-
ions for each case.
Primary Documents
There is also an Appendix volume contain-
ing more than 60 primary documents, such as
the English Bill of Rights, Martin Luther King
Jr.’s Letter from Brimingham Jail, and several
presidential speeches.
Citations
Wherever possible, WEAL entries include
citations for cases and statutes mentioned in the
text. These allow readers wishing to do addition-
al research to find the opinions and statutes
cited. Two sample citations, with explanations of
common citation terms, can be seen below and
opposite.
1. Case title. The title of the case is set in
italics and indicates the names of the par-
ties. The suit in this sample citation was
between Ernesto A. Miranda and the

state of Arizona.
2. Reporter volume number. The number
preceding the reporter name indicates the
reporter volume containing the case. (The
volume number appears on the spine of
the reporter, along with the reporter name.)
3. Reporter name. The reporter name is
abbreviated. The suit in the sample cita-
tion is from the reporter, or series of
books, called U.S. Reports, which con-
tains cases from the U.S. Supreme Court.
(Numerous reporters publish cases from
the federal and state courts.)
4. Reporter page. The number following
the reporter name indicates the reporter
page on which the case begins.
5. Additional reporter citation. Many cases
may be found in more than one reporter.
The suit in the sample citation also
appears in volume 86 of the Supreme
Court Reporter, beginning on page 1602.
6. Additional reporter citation. The suit in
the sample citation is also reported in
volume 16 of the Lawyer’s Edition, sec-
ond series, beginning on page 694.
7. Year of decision. The year the court
issued its decision in the case appears in
parentheses at the end of the cite.
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed. 2d 694 (1966)
1 2 3 4 5 6 7

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Brady Handgun Violence Prevention Act, Pub. L. No. 103–159, 107 Stat. 1536 (18 U.S.C.A. §§ 921–925A)
12345678
1. Statute title.
2. Public law number. In the sample cita-
tion, the number 103 indicates that this
law was passed by the 103d Congress,
and the number 159 indicates that it was
the 159th law passed by that Congress.
3. Reporter volume number. The number
preceding the reporter name indicates the
reporter volume containing the statute.
4. Reporter name. The reporter name is
abbreviated. The statute in the sample
citation is from Statutes at Large.
5. Reporter page. The number following
the reporter name indicates the reporter
page on which the statute begins.
6. Title number. Federal laws are divided
into major sections with specific titles.
The number preceding a reference to the
U.S. Code Annotated is the title number.
title 18 of the U.S. Code is Crimes and
Criminal Procedure.
7. Additional reporter. The statute in the
sample citation may also be found in the
U.S. Code Annotated.
8. Section number. The section numbers
following a reference to the U.S. Code
Annotated indicate where the statute

appears in that reporter.
PREFACE xi
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
primary_documents_FM 5/11/04 11:52 AM Page xi
Editorial Reviewers
Matthew C. Cordon
Frederick K. Grittner
Stephanie Schmitt
Linda Tashbook
M. Uri Toch
Contributing Authors
James Cahoy
Matthew C. Cordon
Richard J. Cretan
Mark Engsberg
Frederick K. Grittner
Lauri R. Harding
David R. Johnstone
Theresa J. Lippert
Frances T. Lynch
George A. Milite
Melodie Monahan
Kelle Sisung
Scott D. Slick
Contributors to
Previous Edition
Richard Abowitz
Paul Bard
Joanne Bergum
Michael Bernard

Gregory A. Borchard
Susan Buie
Terr y Ca rter
Sally Chatelaine
Joanne Smestad Claussen
Richard Cretan
Lynne Crist
Paul D. Daggett
Susan L. Dalhed
Lisa M. DelFiacco
Suzanne Paul Dell’Oro
Dan DeVoe
Joanne Engelking
Sharon Fischlowitz
Jonathan Flanders
Lisa Florey
Robert A. Frame
John E. Gisselquist
Russell L. Gray III
Frederick K. Grittner
Victoria L. Handler
Heidi L. Headlee
James Heidberg
Clifford P. Hooker
Marianne Ashley Jerpbak
Andrew Kass
Margaret Anderson Kelliher
Christopher J. Kennedy
Anne E. Kevlin
Ann T. Laughlin

Laura Ledsworth-Wang
Linda Lincoln
Gregory Luce
David Luiken
Jennifer Marsh
Sandra M. Olson
Anne Larsen Olstad
William Ostrem
Lauren Pacelli
Randolph C. Park
Gary Peter
Michele A. Potts
Reinhard Priester
Christy Rain
Brian Roberts
Debra J. Rosenthal
Mary Lahr Schier
Mary Scarbrough
Theresa L. Schulz
John Scobey
James Slavicek
Scott D. Slick
David Strom
Wendy Tien
Douglas Tueting
Richard F. Tyson
Christine Ver Ploeg
George E. Warner
Anne Welsbacher
Eric P. Wind

Lindy T. Yokanovich
Contributors
xiii
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FOUNDATIONS OF U.S. LAW
English Law . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Magna Charta . . . . . . . . . . . . . . . . . . . . . . .3
English Bill of Rights . . . . . . . . . . . . . . . .11
Second Treatise on Government . . . . . . .16
The Colonial Period . . . . . . . . . . . . . . . . . . .45
Mayflower Compact . . . . . . . . . . . . . . . . .46
The Laws and Liberties of
Massachusetts . . . . . . . . . . . . . . . . . . .48
Frame of Government . . . . . . . . . . . . . . .50
South Carolina Slave Code . . . . . . . . . . . .52
Conflict and Revolution . . . . . . . . . . . . . . . .56
Stamp Act . . . . . . . . . . . . . . . . . . . . . . . . .57
Townshend Acts . . . . . . . . . . . . . . . . . . . .69
Declaration of the Causes and
Necessity of Taking Up Arms . . . . . . .79
Common Sense . . . . . . . . . . . . . . . . . . . .83
Virginia Declaration of Rights . . . . . . . . .85
Declaration of Independence . . . . . . . . . .87
Treaty of Paris . . . . . . . . . . . . . . . . . . . . . .90
Origins of U.S. Government . . . . . . . . . . . . .94
Articles of Confederation . . . . . . . . . . . . .96
Northwest Ordinance . . . . . . . . . . . . . . .102
The Virginia, or Randolph Plan . . . . . .107
The New Jersey, or Paterson Plan . . . . .110
Constitution of the United States . . . . .112

Bill of Rights . . . . . . . . . . . . . . . . . . . . . .124
Federalist, Number 10 . . . . . . . . . . . . . .126
Federalist, Number 78 . . . . . . . . . . . . . .130
The Virginia and Kentucky Resolves . . .133
Monroe Doctrine . . . . . . . . . . . . . . . . . .136
CIVIL RIGHTS
Slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . .140
Missouri Compromise . . . . . . . . . . . . . .141
Wilmot Proviso . . . . . . . . . . . . . . . . . . .146
Compromise of 1850 . . . . . . . . . . . . . . .147
Kansas-Nebraska Act . . . . . . . . . . . . . . .158
Dred Scott v. Sandford . . . . . . . . . . . . . . .165
“A House Divided” Speech . . . . . . . . . . .305
Emancipation Proclamation . . . . . . . . .307
From Segregation to Civil Rights . . . . . . . .309
“The Civil Rights Cases” . . . . . . . . . . . .311
Plessy v. Ferguson . . . . . . . . . . . . . . . . . .337
Letter from Birmingham City Jail . . . . .350
“I Have a Dream” Speech . . . . . . . . . . . .359
Civil Rights Act of 1964 . . . . . . . . . . . . .362
Voting Rights Act of 1965 . . . . . . . . . . .384
Women’s Rights . . . . . . . . . . . . . . . . . . . . . .392
Seneca Falls Declaration of Sentiments .394
Ain’t I a Woman? . . . . . . . . . . . . . . . . . .396
Bradwell v. Illinois . . . . . . . . . . . . . . . . . .398
National Organization for Women
Statement of Purpose . . . . . . . . . . . .404
Native American Rights . . . . . . . . . . . . . . .407
Worchester v. The State of Georgia . . . . .409
Surrender Speech . . . . . . . . . . . . . . . . . .451

CONTENTS
Appendix: Primary
Documents
xv
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WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
xvi PRIMARY DOCUMENTS
Treaty with Sioux Nation . . . . . . . . . . . .452
My Son, Stop Your Ears . . . . . . . . . . . . .456
REFLECTIONS ON LAW AND
SOCIETY
Presidential Speeches . . . . . . . . . . . . . . . . .460
George Washington: Farewell Address . .461
Abraham Lincoln: Gettysburg Address .470
Abraham Lincoln: Second Inaugural
Address . . . . . . . . . . . . . . . . . . . . . . .471
Woodrow Wilson: Fourteen Points . . . .473
Franklin D. Roosevelt: First Inaugural
Address . . . . . . . . . . . . . . . . . . . . . . .476
John F. Kennedy: Inaugural Address . . .479
Lyndon B. Johnson: Voting Rights Act
Address . . . . . . . . . . . . . . . . . . . . . . .481
Ronald W. Reagan: First Inaugural
Address . . . . . . . . . . . . . . . . . . . . . . .484
George W. Bush: Address to Congress,
September 20, 2001 . . . . . . . . . . . . .488
Legal Scholarship . . . . . . . . . . . . . . . . . . . .493
Lawyers and Judges . . . . . . . . . . . . . . . .495
What Shall Be Done With the Practice
of Courts? . . . . . . . . . . . . . . . . . . . . .500

Contracts . . . . . . . . . . . . . . . . . . . . . . . .503
The Path of the Law . . . . . . . . . . . . . . . .505
Brief for the Defendant in Error,
Muller V. Oregon . . . . . . . . . . . . . . . .518
Mechanical Jurisprudence . . . . . . . . . . .521
The Causes of Popular Dissatisfaction
with the Administration of Justice . .529
Some Reflections on the Reading of
Statutes . . . . . . . . . . . . . . . . . . . . . . .539
LEGAL MISCELLANY
Presidents and Vice Presidents of the
United States . . . . . . . . . . . . . . . . . . . . . . . . .553
Presidential Nominations to the
Supreme Court . . . . . . . . . . . . . . . . . . . . . . .554
Time Chart of the Supreme Court . . . . . . .556
Succession of Supreme Court Justices . . . . .559
U. S. Attorneys General . . . . . . . . . . . . . . . .560
Congressional Timeline . . . . . . . . . . . . . . . .562
British Regnal Years . . . . . . . . . . . . . . . . . . .564
primary_documents_FM 5/11/04 11:52 AM Page xvi
English Law
The Colonial Period
Conflict and Resolution
Origins of U.S. Government
FOUNDATIONS
OF U.S. LAW
foundations_english 5/11/04 11:48 AM Page 1
ENGLISH LAW
• MAGNA CHARTA
• ENGLISH BILL OF RIGHTS

• SECOND TREATISE ON GOVERNMENT
2
T
he development of U.S. law is rooted in
English political and legal history. The
colonial settlers of North America were primari-
ly from England, and until the 1760s they
viewed themselves as English rather than
“American.” They brought with them the
English
COMMON LAW and the English constitu-
tional tradition.
Unlike the United States, England has never
had a written constitution. Instead, the English
constitutional tradition is based on the substance
and procedures of the common law, along with
key documents, such as Magna Charta and the
English Bill of Rights. In the seventeenth and
eighteenth centuries, political philosophers,
especially
JOHN LOCKE, challenged the absolute
authority of the monarchy and introduced the
democratic idea that the people have a right to a
government that meets their needs. These docu-
ments and ideas assumed great importance as
the American colonists moved toward independ-
ence in the 1770s. In this sense English ideas
paved the way for the American Revolution and
the writing of the U.S. Constitution.
FOUNDATIONS OF U.S. LAW

foundations_english 5/11/04 11:48 AM Page 2
T
he document that has come to be known as
Magna Charta (spelled variously as “char-
ta” or “carta”), or Great Charter, is recognized as
a fundamental part of the English constitution-
al tradition. Although it is not a constitution, it
contains provisions on criminal law that were
incorporated into the Bill of Rights of the U.S.
Constitution.
In 1215 King John of England (1199–1216)
fought more than forty English barons and their
followers in a civil war. The king had angered the
barons by extracting revenues based on their
feudal obligations in order to fight a war in
France. After John lost the war, the barons
rebelled against the king.
The rebels first demanded that the king con-
firm the Charter of Henry I, a coronation char-
ter from 1100 in which King Henry I had prom-
ised to abolish all evil customs that oppressed
the realm. Additional grievances were added to
the charter, which King John was forced to
accept at Runnymede in June 1215, after the
rebels occupied London.
Magna Charta contains sixty-three chapters.
Many of the chapters defined the king’s feudal
rights over his vassals, preventing the king from
arbitrarily collecting revenue from the barons.
Chapter 39 established the right to due process of

law, and in chapter 40 the king promised that he
would not sell, deny, or delay justice to anyone.
Magna Charta did not resolve the dispute
between the barons and King John. Within
months they were fighting again. In August 1215
the charter was annulled by Pope Innocent III,
John’s feudal overlord, on the grounds that it
had been executed under duress. In 1216, how-
ever, after John’s death the charter was reissued
with some modifications. At the conclusion of
the civil war in 1217, it was reissued again with
minor revisions. This version of Magna Charta
became part of the English constitutional tradi-
tion; confirmed by later kings and interpreted by
Parliament, it is still revered as a symbol of
English liberties.
k
Magna Charta
John, by the grace of God, king of England, lord
of Ireland, duke of Normandy and Aquitaine,
count of Anjou, to all his archbishops, bishops,
abbots, earls, barons, justiciars, foresters, sher-
iffs, stewards, servants, and all bailiffs and faith-
ful men, health. Know that we by looking to
God, and for the health of our soul, and of all
our ancestors and heirs, to the honor of God,
and the exaltation of his holy Church, and the
rectifying of our realm by the counsel 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, Joscelin of Bath and Glastonbury,
Hugh of Lincoln, Walter of Worcester, William
of Coventry and Benedict of Rochester, bishops;
Master Pandulf, subdeacon of our lord pope and
servant; brother Eymeric, master of the knights
of the Temple in England; and of nobles,
William Marshall, Earl of Pembroke; William,
Earl of Salisbury; William, Earl Warrenne;
ENGLISH LAW
Magna Charta
3
FOUNDATIONS OF U.S. LAW
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4 FOUNDATIONS OF U.S. LAW PRIMARY DOCUMENTS
William, Earl of Arundel; Alan of Galway, con-
stable of Scotland; Warin, son of Gerold; Peter,
son of Herbert; Hubert de Burg, seneschal of
Poitou; Hugh de Neville; Matthew, son of
Herbert; Thomas Basset; Alan Basset; Philip de
Albini; Robert de Ropley; John Marshall; John,
son of Hugh; and others our lieges.
CHAPTER 1
First, we grant to God, and by this our pres-
ent charter we confirm, for us and our heirs for-
ever, that the English church be free, and have its
rights whole and its liberties unimpaired; and so
we will to be observed, which appears from the fact

that we have of pure and free will, before difference
arose between us and our barons, granted, and by
our charter confirmed, freedom of elections, which
is conceived greatest and most necessary for the
English church, and have got it confirmed from
our lord Pope Innocent III, which we will observe
ourselves and will to be observed in good faith by
our heirs forever.
1
We have granted to all free
men of our realm, for ourself and our heirs for-
ever, all these underwritten liberties to have and
to hold, for themselves and their heirs, from us
and our heirs.
CHAPTER 2
If any of our earls or barons, or other tenant
of us in chief by military service, die, and when
he dies, his heir be of full age, and owe a relief,
he shall have his inheritance by the old relief, to
wit, the heir, or heirs of an earl, for the whole
barony of an earl by P100; the heir or heirs of a
baron, the whole barony by P100; the heir or
heirs of a knight for a whole military fee by 100s.
at most, and he who owes less should pay less
according to the ancient custom of fees.
CHAPTER 3
If the heir of any of these be below age, and
be in wardship, when he comes to full age he
shall have his inheritance without relief or fine.
CHAPTER 4

The guardians of the land of any heir, who is
below age, shall not take from the land of the
heir more than reasonable exits [revenues], and
reasonable customs, and reasonable services,
and this without destruction and waste of men
or property; and if we commit the wardship of
any such land to the sheriff or any one else, who
is to answer to us for the exits, and he made
destruction or waste of his wardship, we will
take recompense of him, and the land shall be
committed to two lawful and discreet men of
that fee, who will answer to us of the exits, or to
him to whom we have assigned them; and if we
have given or sold to any one the wardship of
any such land, and he does destruction or waste,
he shall lose his wardship, and give it to two law-
ful and discreet men of that fee, who shall in like
manner answer to us as is aforesaid.
CHAPTER 5
The guardian, as long as he have wardship of
the land, shall keep up houses, parks, stews,
pools, mills, and other things belonging to that
land, from the exits of the same land, and restore
to the heir, when he comes to full age, all that
land stocked with teams, according to what the
season of teams demands, and the exits of the
land can reasonably sustain.
2
CHAPTER 6
Heirs shall be married without disparage-

ment, so that before they contract matrimony it be
communicated to the kinsmen in blood of the heir.
CHAPTER 7
A widow after the death of her husband shall
at once and without hindrance have her mar-
riage and inheritance, nor give anything for her
dower, or for her marriage, or for her inheri-
tance, which inheritance she and her husband
had on the day of her husband’s death, and she
shall remain in her husband’s home for forty
days after his death, within which her dower
shall be assigned to her.
3
CHAPTER 8
No widow shall be forced to marry as long as
she wills to live without a husband, so that she
ENGLISH LAW
MAGNA CHARTA
Source: Selections from The Second Treatise on
Government, 5 J. Locke, WORKS (1823). The footnotes have
been renumbered.
1
The full text of the Charter of 1215 has been included here.
Sections that were omitted in later versions of the charter are
printed in italic type on this and subsequent pages. Unless
otherwise indicated, the omissions were made in 1216.
Important alterations and additions have been indicated in
the notes.
2
A clause added in 1216 stipulated that the chapter also

applied to ecclesiastical properties except that those ward-
ships should not be sold.
3
In 1217 a clause was added that guaranteed a widow one-
third of her husband’s lands unless a smaller dower had been
assigned at the time of the marriage. In 1225 chapters 7 and
8 were combined into one.
foundations_english 5/11/04 11:48 AM Page 4
give security that she will not marry without our
assent, if she hold from us, or without the assent
of the lord from whom she holds, if she holds
from another.
CHAPTER 9
Neither we nor our bailiffs will seize any
land or rent for any debt, as long as the chattels
of the debtor suffice for paying the debt, nor
shall the sureties of the debtor be distrained, as
long as that debtor in chief suffices for the pay-
ment of the debt, and if the debtor in chief fail
in paying the debt, not having whence to pay, the
sureties shall answer for the debt, and if they
will, shall have the land and rents of the debtor
till they are satisfied of the debt which they paid
for him, unless the debtor in chief show that he
is quit thence against these sureties.
CHAPTER 10
If anyone borrows anything from the Jews,
more or less, and dies before the debt is paid, the
debt shall not bear usury as long as the heir is
under age, from whoever he holds it, and if that

debt fall into our hands we will take only the chat-
tel contained in the deed.
CHAPTER 11
And if anyone die and owes a debt to the Jews,
his wife shall have her dower and pay nothing of
that debt, and if the children of the dead man are
under age, necessaries shall be provided for them
according to the holding of the dead man, and the
debt shall be paid from the residue, the service of
the lords saved, and in the same way shall it be
done with debts which are owed to other than Jews.
CHAPTER 12
No scutage or aid shall be laid on our realm
except by the common counsel of our realm, unless
for ransoming our person, and making our eldest
son a knight, and marrying our eldest daughter
once, and this must only be a reasonable aid, and
so shall it be with the aids of the city of London.
CHAPTER 13
And the city of London shall have all its
ancient liberties and its free customs, both by
land and by water. Besides we will and grant that
all other cities, and burghs [boroughs], and vills
[towns], and ports shall have all their liberties
and free customs.
CHAPTER 14
And to have a common counsel of our realm
on assessing an aid other than in the three afore-
named cases, or assessing a scutage, we will cause
to be summoned archbishops, bishops, abbots,

earls, and greater barons, singly by our letters, and
we will also cause to be summoned in general, by
our sheriffs and bailiffs, all those who hold of us in
chief, at a certain day, to wit, at least forty days
after, and a certain place; and in all letters of sum-
mons we will express the cause of summons, and
when summons is made the business assigned for
the day shall proceed according to the council of
those who are present, though not all who are
summoned come.
CHAPTER 15
We will grant to no one in future that he take
aid from his free men, except to ransom his person,
to make his eldest son a knight, and to marry his
eldest daughter once, and for this there shall only
be a reasonable aid.
CHAPTER 16
No one shall be distrained to do a greater
service for a knight’s fee, or any other frank
[free] tenement than is due from it.
CHAPTER 17
Common pleas shall not follow our court,
but shall be held in some certain place.
CHAPTER 18
Recognizances of novel disseisin, mort
d’ancestor, and darrein presentment shall not be
taken except in their own counties and in this
manner; we, or, if we be out of the realm, our
chief justiciar, will send two justices to each
county four times in the year, who, with four

knights of each county, elected by the county,
shall take in the county and day and place the
aforenamed assises of the county.
4
CHAPTER 19
And if the aforesaid assises of the county
cannot be taken on that day, so many knights
and free tenants shall remain of those who were
at the county on that day, by whom judgments
PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 5
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
ENGLISH LAW
MAGNA CHARTA
4
In 1217 the text was changed to say that justices (number
unspecified) would be sent through each county once a year
to hold assises with knights of the county (number unspeci-
fied). A separate chapter was created that stipulated that
assises involving darrein presentment should always be held
before the justices of the bench.
foundations_english 5/11/04 11:48 AM Page 5
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
6 FOUNDATIONS OF U.S. LAW PRIMARY DOCUMENTS
can be sufficiently effected, according as the
business is great or small.
CHAPTER 20
A free man shall not be amerced for a small
offense unless according to the measure of the
offense, and for a great offense he shall be
amerced according to the greatness of the

offense, saving his tenement, and the merchant
in the same manner, saving his merchandise,
and the villein shall be amerced in the same
manner, saving his tools of husbandry, if they
fall into our mercy, and none of the aforenamed
mercies shall be imposed except by the oath of
reputable men of the vicinage.
CHAPTER 21
Earls and barons shall not be amerced but by
their equals, and only according to the measure
of the offense.
CHAPTER 22
No cleric shall be amerced of his lay tene-
ment, except according to the measure of the
other aforesaid, and not according to the size of
his ecclesiastical benefice.
5
CHAPTER 23
No vill or man shall be distrained to make
bridges at rivers, unless he who of old, or by
right, is bound to do so.
CHAPTER 24
No sheriff, constable, coroners, or others of
our bailiffs shall hold pleas of our crown.
CHAPTER 25
All counties, hundreds, wapentakes, and rid-
ings shall be at the old farms [rents] without any
increase, saving the manors of our demesne.
CHAPTER 26
If anyone holding a lay fee [fief] of us dies,

and the sheriff or our bailiff shows our letters
patent of the summonses of a debt which the
dead man owed us, it shall be lawful for our
sheriff or bailiff to attach and enroll the chattels
of the dead man found in this fee to the value of
the debt by the view of lawful men, so that noth-
ing be moved thence till our debt which is clear
be paid us, and the residue shall be left to the
executors to fulfill the testament of the deceased,
and if nothing be owed us by the deceased, all
his chattels shall go to the deceased, save the rea-
sonable shares to his wife and children.
CHAPTER 27
If any free man die intestate, his chattels shall
be distributed by his nearest relations and friends,
by the view of the church, save the debts due to
each which the deceased owed.
CHAPTER 28
No constable, or other bailiff of ours, shall
take the corn or chattels of anyone, unless he
forthwith pays money for them, or can have any
respite by the good will of the seller.
6
CHAPTER 29
No constable shall distrain any knight to give
money for the wardship of a castle [military
service in the garrison of a castle], if he be will-
ing to perform that wardship in his own person,
or by some other reputable man, if he cannot do
it himself for some reasonable cause, and if we

have led or sent him to an army, he shall be quit
of the wardship, according to the length of time
that he is with us in the army.
CHAPTER 30
No sheriff or bailiff of ours, or any other,
shall take horses and carts of any free man for
carrying, except by the will of the free man.
7
CHAPTER 31
Neither we nor our bailiffs will take any
wood for our castles, or other our works, except
by consent of the man whose wood it is.
CHAPTER 32
We will not hold the lands of those who are
convict of felony, except for one year and one
day, and then the lands shall be returned to the
lords of the fees.
ENGLISH LAW
MAGNA CHARTA
5
In 1225 chapters 20, 21, and 22 were combined in a single
chapter.
6
In 1216 the chapter was modified to say that constables and
their bailiffs should not take the goods of anyone who is not
from the village where the castle is located unless they pay
cash or make arrangements to pay later; persons from the
village should be paid in three weeks. In 1217 the three weeks
was changed to forty days.
7

In 1216 the chapter was modified to say that the horses and
carts should not be taken unless the owner received a speci-
fied amount of money. In 1217 a chapter was inserted that
prohibited bailiffs from taking carts from the demesne of a
cleric, a knight, or a lady. In 1225 chapters 30 and 31 from
the Charter of 1215 and the new chapter were combined into
a single chapter.
foundations_english 5/11/04 11:48 AM Page 6
CHAPTER 33
All kidells [fish-weirs] shall for the future be
wholly taken away from the Thames and the
Medway, and through all England, except at the
coast of the sea.
CHAPTER 34
The writ which is called praecipe for the
future shall not issue to anyone about any tene-
ment from which a free man may lose his court.
CHAPTER 35
There shall be one measure of wine through-
out our whole realm, and one measure of beer,
and one measure of corn, to wit, the London
quarter, and one breadth of dyed cloth, and rus-
set and haberget cloth, to wit, two ells within the
lists, and of weights it shall be as of measures.
CHAPTER 36
Nothing shall be given or taken hereafter for
the writ of inquisition on life or limb, but it shall
be granted freely, and not denied.
CHAPTER 37
If anyone holds of us by fee-farm, either by

socage or by burgage, or of any other land by
military service, we shall not have the wardship
of the heir or his land which belongs to anoth-
er’s fee, because of that fee-farm, or socage or
burgage, nor shall we have wardship of that fee-
farm, or socage or burgage, unless the fee-farm
itself owes military service. We shall not either
have wardship of heir or any land, which he
holds of another by military service, by reason of
some petty serjeanty which he holds of us, by the
service of paying us knives, or arrows, or the like.
CHAPTER 38
No bailiff in future shall put anyone to law
by his mere word, without trustworthy witness-
es brought forward for it.
CHAPTER 39
No free man shall be seized, or imprisoned,
or disseised, or outlawed, or exiled, or injured in
any way, nor will we enter on him or send
against him except by the lawful judgment of his
peers, or by the law of the land.
8
CHAPTER 40
We will sell to no one, or deny to no one, or
put off right or justice.
CHAPTER 41
All merchants shall have safe conduct and
security to go out of England or come into
England, and to stay in, and go through England,
both by land and water, for buying or selling,

without any evil tolls, by old and right customs,
except in time of war; and if they be of the land
at war against us, and if such shall be found in
our land, at the beginning of war, they shall be
attached without loss of person or property, until
it be known by us or our chief justiciar how the
merchants of our land are treated who are found
then in the land at war with us; and if ours be
safe there, others shall be safe here.
9
CHAPTER 42
It shall be lawful for anyone hereafter to go out
of our realm, and return, safe and sound, by land
or by water, saving fealty to us, except in time of
war for some short time, for the common weal of
the realm, except imprisoned men, and outlaws
according to the law of the realm, and as natives of
a land at war against us, and to the merchants of
whom is done as is aforesaid.
CHAPTER 43
If any person holds of any escheat, as of the
honor of Wallingford, Nottingham, Boulogne,
Lancaster, or of other escheats which are in our
hands, and they are baronies, and he dies, his
heir shall not pay any other relief, or do us any
other service but that which he would do for the
baron, if the barony were in the hand of a baron,
and we similarly will hold him in the same way
that the baron held him.
10

CHAPTER 44
Men who dwell without the forest shall not
come hereafter before our justices of the forest, by
common summonses, unless they are in plea, or
sureties of one or more, who are attached for the
forest.
11
PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 7
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
ENGLISH LAW
MAGNA CHARTA
8
In 1217 the words “of his freehold liberties or free customs”
were inserted after “disseised.” In 1225 the words “in the
future”were inserted after “No free man shall,” and the chap-
ter and the one following it were joined together.
9
In 1216 the words “unless formerly they have been publicly
prohibited” were inserted after “All merchants.”
10
In 1217 a sentence added at the end of the chapter stipu-
lated that the king would not have an escheat or wardship by
reason of such an escheat or barony unless the person who
held the property was a tenant-in-chief for other property.
11
Chapter 44 of the Charter of 1215 was retained in the
Charter of 1216, but in 1217 it was transferred to the separate
Charter of the Forest. In 1217 a new chapter was inserted at
foundations_english 5/11/04 11:48 AM Page 7
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition

8 FOUNDATIONS OF U.S. LAW PRIMARY DOCUMENTS
CHAPTER 45
We will not make justices, constables, sheriffs,
or bailiffs except from those who know the law of
the realm, and are willing to keep it.
CHAPTER 46
All barons who have founded abbeys,
whence they have charters of the kings of
England, or ancient tenure, shall have their cus-
tody while vacant, as they ought to have it.
CHAPTER 47
All forests which have been afforested in our
time shall be forthwith deforested, and so with the
rivers which have been forbidden by us in our
time.
12
CHAPTER 48
All ill customs of forests and warrens, and
foresters and warreners, sheriffs and their ser-
vants, rivers and their keepers, shall be forthwith
inquired into in each county by twelve sworn
knights of the same county, who should be chosen
by the reputable men of the same county; and,
within forty days after the inquest is over, they
shall be wholly done away by them, never to be
recalled, so we know this first, or our justiciar, if
we are not in England.
CHAPTER 49
We will forthwith return all hostages and
charters which were delivered to us by the English

as security of peace or faithful service.
CHAPTER 50
We will wholly remove from their bailiwicks
the relations of Gerard de Athée so that hereafter
they shall have no bailiwick in England, Engelard
de Cigogné, Andrew, Peter, and Guy de Chanceux,
Geoffrey de Martigny and his brothers, Philip
Mark and his brothers, and Geoffrey his nephew,
and all their following.
CHAPTER 51
And immediately after the restoration of
peace, we will remove from the realm all foreign
knights, bowmen, officers, and mercenaries who
came with horses and arms to the harm of the
realm.
CHAPTER 52
If anyone has been disseised or deprived by us
without lawful judgment of his peers, from lands,
castles, liberties, or his right, we will forthwith
restore him; and if a dispute arise about this, judg-
ment shall then be made by twenty-five barons, of
whom mention is made below, for the security of
peace, and of all those matters of which a man has
been disseised or deprived without the lawful
judgment of his peers, by King Henry our father, or
by King Richard our brother, which lands we have
in our hands, or which others have, which we
ought to warrant, we will have respite up to the
common term of the crusaders, those being except-
ed of which the plea was raised or inquisition was

made by our order, before the taking of our cross,
and when we return from our journey, or if we
chance to remain from our journey, we will forth-
with show full justice thence.
CHAPTER 53
We will have the same respite, and in the same
way, about exhibiting justice of deforesting or
maintaining the forests, which Henry our father,
or Richard our brother afforested, and of the ward-
ship of the lands which are of another’s fee, of
which thing we have hitherto had the wardship, by
reason of the fee, because someone held of us by
military service, and of the abbeys which were
founded on the fee of another than our own, in
which the lord of the fee says he has the right; and
when we return, or if we stay from our journey, we
will afford full justice to those who complain of
these things.
CHAPTER 54
No one shall be seized or imprisoned for the
appeal of a woman about the death of any other
man but her husband.
CHAPTER 55
All fines which have been made unjustly and
against the law of the land with us, and all
amercements made unjustly and against the law of
the land, shall be wholly excused, or it shall be
done with them by the judgment of twenty-five
barons, of whom mention will be made below on
the security of the peace, or by the judgment of the

greater part of them, along with the aforenamed
Stephen, archbishop of Canterbury, if he can be
present, and others whom he wills to summon to
him, and if he be unable to be present, nevertheless
the business shall go on without him, so that if one
or more of the aforenamed twenty-five barons are
ENGLISH LAW
MAGNA CHARTA
this point that stipulated that no free man should give or sell
so much of his land that he would be prevented from doing
the full service due from the fief.
12
In 1217 the first clause was transferred to the Charter of
the Forest; the second clause became a separate chapter.
foundations_english 5/11/04 11:48 AM Page 8
in a like suit, they may be removed as far as this
judgment is concerned, and others be appointed,
elected, and sworn for this matter only, by the
residue of the same twenty-five.
CHAPTER 56
If we have disseised or deprived the Welsh of
their lands or liberties or other goods, without law-
ful judgment of their peers, in England or in
Wales, let these things be forthwith restored, and if
a dispute arise upon this, let it be thereafter settled
in the march by the judgment of their peers; on
tenements in England according to the law of
England; on tenements in Wales according to the
law of Wales; on tenements in the march according
to the law of the march. The Welshmen shall do

the same to us and ours.
13
CHAPTER 57
In all these matters in which anyone of the
Welsh was disseised or deprived without lawful
judgment of his peers, by King Henry our father, or
King Richard our brother, which we have in our
hands, or which others hold, and which we ought
to warrant, we will have respite to the common
term of the crusaders, those excepted in which our
plea has been raised, or inquisition has been made
by our order, before we took the cross; but, when we
return, or if by chance we wait from our journey,
we will show full justice to them thence, according
to the laws of Wales, and the aforesaid parties.
CHAPTER 58
We will restore the son of Llewellyn forthwith,
and all the hostages of Wales, and the charters
which have been delivered to us for the security of
peace.
CHAPTER 59
We will do to Alexander, king of Scots, about
his sisters, and restoring his hostages, and his lib-
erties, and his right, according to the form in
which we have dealt with our other barons of
England, unless they are bound to other matters by
the charters which we have of William his father,
once king of the Scots, and this shall be by judg-
ment of their peers in our court.
CHAPTER 60

All these aforesaid customs and liberties
which we have granted to be held in our realm,
as far as belongs to us, towards our own, all in
our realm, both clergy and lay, shall observe, as
far as belongs to them, towards their own.
CHAPTER 61
But since, for the sake of God and for the bet-
tering of our realm, and for better quieting the dis-
cord which has arisen between us and our barons,
we have ganted all the aforesaid, wishing to enjoy
them in pure and firm security forever, we make
and grant them the underwritten security: viz.
that the barons choose twenty-five barons from the
realm, whom they will, who should with all their
power keep, hold, and cause to be kept, the peace
and liberties which we grant them, and by this our
present charter confirm, so that, if we, or our jus-
ticiar, or our bailiffs, or any of our servants, do
wrong in any case to anyone, or we transgress any
of the articles of peace and security, and the offense
is shown to four out of the aforenamed twenty-five
barons, those four barons shall come to us, or our
justiciar, if we are out of the realm, to show the
wrong; they shall seek that we cause that wrong to
be rectified without delay. And if we do not rectify
the wrong, or if we are without the realm, our jus-
ticiar does not rectify it within forty days from the
time in which it was shown to us or our justiciar,
if we are without the realm, the aforesaid four
barons shall bring the case before the rest of the

twenty-five barons, and those twenty-five barons,
with the commonalty of the whole realm, shall dis-
train and distress us, in every way they can, to wit,
by the capture of castles, lands, possessions, and
other ways in which they can, till right is done
according to their will, saving our person and that
of our queen and our children; and, when right is
done, they shall obey us as before. And whoever of
the land wishes, may swear that he will obey the
orders of the aforesaid twenty-five barons, in car-
rying out all the aforesaid, and that he will distress
us as far as he can, with them, and we give pub-
licly and freely license to all to swear who wills,
and we will forbid no one to swear. But all those in
the land who will not, by themselves and of their
own accord, swear to the twenty-five barons about
distraining and distressing us with them, we will
cause them to swear by our orders, as is aforesaid.
And if any one of the twenty-five barons dies, or
quits the country, or in any way is hindered from
being able to carry out the aforesaid, the remain-
der of the aforesaid twenty-five barons may choose
another into his place, at their discretion, who
shall be sworn in like manner with the rest. In all
those matters which are committed to the barons
PRIMARY DOCUMENTS FOUNDATIONS OF U.S. LAW 9
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
ENGLISH LAW
MAGNA CHARTA
13

Chapter 56 was retained in the Charter of 1216 but was
omitted thereafter.
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10 FOUNDATIONS OF U.S. LAW PRIMARY DOCUMENTS
to carry out, if these twenty-five happen to be pres-
ent and differ on any one point, or others sum-
moned by them will not or cannot be present, that
must be had settled and fixed which the majority
of those who are present provides or decides, just as
if all the twenty-five agreed on it, and the afore-
said twenty-five shall swear that they will faithful-
ly keep all the aforesaid, and cause them to be kept
with all their power. And we will ask nothing from
anyone, by ourselves or any other, by which any
one of these grants and liberties shall be revoked or
lessened; and if we do obtain any such thing, it
shall be vain and void, and we will never use it by
ourselves or by another.
CHAPTER 62
And all ill will, wrath, and rancor, which has
arisen between us and our men, clerics and lay-
men, from the time of the discord, we fully have
remitted and condoned to all. Besides, all the
offenses done by reason of the same discord, from
Easter in the sixteenth year of our reign to the
renewal of peace, we wholly remit to all, clerics
and laymen, and as far as we are concerned fully
have condoned. And, moreover, we have caused
letters patent to be made to them, in witness of

this, of lord Stephen, archbishop of Canterbury, of
lord Henry, archbishop of Dublin, and of the
aforesaid bishops, and of Master Pandulf, as the
aforenamed security and grants.
CHAPTER 63
Wherefore we will and firmly order that the
English church should be free, and that the men of
our realm should have and hold all the afore-
named liberties, rights, and grants, well and in
peace, freely and quietly, fully and completely, for
them and their heirs, from us and our heirs, in all
things and places, forever, as is aforesaid. It is
sworn both by us, and on the part of the barons,
that all these aforesaid shall be kept in good faith
and without ill meaning. Witnesses, the above-
named and many others. Given by our hand, in
the meadow which is called Runnymede, between
Windsor and Staines, on the fifteenth day of June,
in the seventeenth year of our reign.
14
ENGLISH LAW
MAGNA CHARTA
14
Several chapters were added in 1217 that regulated the sher-
iff’s tourn (tour through the hundreds, or subdivisions, of a
county to hold court) and view of frankpledge; made it illegal
for anyone to give land to a religious house and receive it back
to hold as a tenant; established that scutage should be taken as
it had been during the reign of King Henry II (1154–1189);
and decreed that all adulterine castles (castles built without

the king’s permission) that had been erected since the begin-
ning of the war between John and the barons should be
destroyed. All but the last chapter were retained in 1225.
foundations_english 5/11/04 11:48 AM Page 10
T
he English Bill of Rights grew out of the
Glorious Revolution of 1688. During the
revolution King James II abdicated and fled from
England. He was succeeded by his daughter,
Mary, and her husband, William of Orange, a
Dutch prince. Parliament proposed a Declaration
of Rights and presented it to William and Mary
on February 13, 1689. Only after they accepted
the declaration did Parliament proclaim them
king and queen of England. Parliament then
added several clauses to the declaration and for-
mally enacted the amended bill as the Bill of
Rights on December 16, 1689.
The Bill of Rights combined past grievances
against the deposed king with a more general
statement of basic liberties. The statute prohibit-
ed the monarch from suspending laws or levying
taxes or customs duties without Parliament’s con-
sent and prohibited the raising and maintaining
of a standing army during peacetime. More
importantly, it proclaimed fundamental liberties,
including freedom of elections, freedom of
debate in Parliament, and freedom from excessive
bail and from cruel and unusual punishments. To
prevent a recurrence of the religious divisions

that beset the Catholic James in ruling a largely
Protestant England, the Bill of Rights also barred
Roman Catholics from the throne.
The Bill of Rights became one of the corner-
stones of the unwritten English constitution. The
Bill of Rights has also had a significant impact on
U.S. law, with many of its provisions becoming
part of the U.S. Constitution and Bill of Rights.
k
English Bill of Rights
Whereas the Lords Spiritual and Temporal and
Commons assembled at Westminster, lawfully,
fully, and freely representing all the states of
people of this realm, did upon the thirteenth day
of February in the year of our Lord one thou-
sand six hundred eighty-eight present unto their
Majesties, then called and known by the names
and style of William and Mary, prince and
princess of Orange, being present in their prop-
er persons, a certain declaration in writing made
by the said Lords and Commons in the words
following, viz:
1
Whereas the late King James the Second, by
the assistance of divers evil councilors, judges,
and ministers employed by him, did endeavor to
subvert and extirpate the Protestant religion and
the laws and liberties of the kingdom;
By assuming and exercising a power of dis-
pensing with and suspending of laws and the

execution of laws without consent of Parliament;
By committing and prosecuting divers wor-
thy prelates for humbly petitioning to be excused
from concurring to the said assumed power;
By issuing and causing to be executed a
commission under the great seal for erecting a
ENGLISH LAW
English Bill of Rights
An Act Declaring the Rights and Liberties of the Subject
and Settling the Succession of the Crown
11
FOUNDATIONS OF U.S. LAW
Source: Selections from The Second Treatise on
Government, 5 J. Locke, WORKS (1823). The footnotes have
been renumbered.
1
English monarchs styled themselves king or queen of
France between 1340 and 1801. The custom began when the
English became embroiled in the Hundred Years War with
France and King Edward III of England, whose mother was
a French princess, claimed the French throne.
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WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition
12 FOUNDATIONS OF U.S. LAW PRIMARY DOCUMENTS
court called the Court of Commissioners for
Ecclesiastical Causes;
By levying money for and to the use of the
Crown by pretense of prerogative for other time
and in other manner than the same was granted
by Parliament;

By raising and keeping a standing army
within this kingdom in time of peace without
consent of Parliament and quartering soldiers
contrary to law;
By causing several good subjects being
Protestants to be disarmed at the same time
when papists were both armed and employed
contrary to law;
By violating the freedom of election of
members to serve in Parliament;
By prosecutions in the Court of King’s
Bench for matters and causes cognizable only in
Parliament and by divers other arbitrary and
illegal courses;
And whereas of late years, partial, corrupt,
and unqualified persons have been returned and
served on juries in trials, and particularly divers
jurors in trials for high treason which were not
freeholders;
And excessive bail hath been required of per-
sons committed in criminal cases to elude the
benefit of the laws made for the liberty of the
subjects;
And excessive fines have been imposed;
And illegal and cruel punishments inflicted;
And several grants and promises made of
fines and forfeitures before any conviction or
judgment against the persons upon whom the
same were to be levied;
All which are utterly and directly contrary to

the known laws and statutes and freedom of this
realm.
And whereas the said late King James the
Second having abdicated the government, and
the throne being thereby vacant, his Highness
the prince of Orange (whom it hath pleased
Almighty God to make the glorious instrument
of delivering this kingdom from popery and
arbitrary power) did, by the advice of the Lords
Spiritual and Temporal and divers principal per-
sons of the Commons, cause letters to be written
to the Lords Spiritual and Temporal being
Protestants and other letters to the several coun-
ties, cities, universities, boroughs, and cinque
ports for the choosing of such persons to repre-
sent them as were of right to be sent to
Parliament, to meet and sit at Westminster upon
the two-and-twentieth day of January in this
year one thousand six hundred eighty and eight,
in order to such an establishment as that their
religion, laws, and liberties might not again be in
danger of being subverted; upon which letters,
elections have been accordingly made.
And thereupon the said Lords Spiritual and
Temporal and Commons, pursuant to their
respective letters and elections being now
assembled in a full and free representative of this
nation, taking into their most serious considera-
tion the best means for attaining the ends afore-
said, do in the first place (as their ancestors in

like case have usually done) for the vindicating
and asserting their ancient rights and liberties,
declare
That the pretended power of suspending of
laws or the execution of laws by regal authority
without consent of Parliament is illegal;
That the pretended power of dispensing
with laws or the execution of laws by regal
authority, as it hath been assumed and exercised
of late, is illegal;
That the commission for erecting the late
Court of Commissioners for Ecclesiastical
Causes, and all other commissions and courts of
like nature, are illegal and pernicious;
That levying money for or to the use of the
Crown by pretence of prerogative without grant
of Parliament, for longer time or in other man-
ner than the same is or shall be granted, is illegal;
That it is the right of the subjects to petition
the king, and all commitments and prosecutions
for such petitioning are illegal;
That the raising or keeping a standing army
within the kingdom in time of peace, unless it be
with consent of Parliament, is against law;
That the subjects which are Protestants may
have arms for their defense suitable to their con-
ditions and as allowed by law;
That election of members of Parliament
ought to be free;
That the freedom of speech and debates or

proceedings in Parliament ought not to be
impeached or questioned in any court or place
out of Parliament;
That excessive bail ought not to be required,
nor excessive fines imposed, or cruel and unusu-
al punishments inflicted;
ENGLISH LAW
ENGLISH BILL OF
RIGHTS
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