英文法律词典 M-2

MAGISTRACY, mun. law. In its most enlarged signification, this term includes all officers, legislative¹, executive, and judicial². For example, in most of the state constitutions will be found this provision; "the powers of the government are divided into three distinct departments, and each of these is confided³ to a separate magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judiciary, to another." In a more confined sense, it signifies the body of officers whose duty it is to put the laws in force; as, judges, justices of the peace, and the like. In a still narrower sense it is employed to designate the body of justices of peace. It is also used for the office of a magistrate⁴.

MAGISTRATE, mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.

2. The president of the United States is the chief magistrate of this nation; the governors are the chief magistrates⁵ of their respective states.

3. It is the duty of all magistrates to exercise the power, vested in them for the good of the people, according to law, and with zeal⁶ and fidelity⁷. A neglect on the part of a magistrate to exercise the functions of his office, when required by law, is a misdemeanor. Vide 15 Vin. Ab. 144; Ayl. Pand. tit. 22; Dig. 30, 16, 57; Merl. Rep. h. t.; 13 Pick. R. 523

MAGNA CHARTA. The great charter. The name of an instrument granted by King John, June 19, 1215, which secured to the English people many liberties which had before been invaded, and provided against many abuses which before rendered liberty a mere⁸ name.

2. It is divided into thirty-eight chapters,: 1. To the which relate as follows, namely: freedom of the church and ecclesiastical persons. 2. To the nobility, knights⁹' service, &c. 3. Heirs and their being in ward¹⁰. 4. Guardians¹¹ for heirs within age, who are to commit no waste. 5. To the land and other property of heirs, and the delivery of them up when the heirs are of age. 6. The marriage of heirs. 7. Dower of women in the lands of their husbands. 8. Sheriffs and their bailiffs. 9. To the ancient liberties of London and other cities. 10. To distress¹² for rent. 11. The court of common pleas, which is to be located. 12. The assise on disseisin of lands. 13. Assises of darein presentments, brought by ecclesiastics¹³. 14. The amercement of a freeman for a fault. 15. The making of bridges by towns. 16. Provisions for repairing sea banks and sewers¹⁴. 17. Forbids sheriffs and coroners to hold pleas of the crown. 18. Prefers the king's debt when the debtor¹⁵ dies insolvent¹⁶. 19. To the purveyance of the king's house. 20. To the castleguard. 21. To the manner of taking property for public use. 22. To the lands of felons¹⁷, which the king is to have for a year and a day, and afterwards the lord of the fee. 23. To weirs¹⁸ which are to be put down in rivers. 24. To the writ¹⁹ of praecipe in capite for lords against tenants²⁰ offering wrong, &c. 25. To measures. 26. To inquisitions of life and member, which are to be granted freely. 27. To knights' service and other ancient tenures. 28. To accusations²¹, which must be under oath. 29. To the freedom of the subject. No freeman shall be disseised of his freehold, imprisoned²² and condemned²³, but by judgment²⁴ of his peers, or by the law of the land. 30. To merchant strangers, who are to be civilly treated. 31. To escheats. 32. To the power of selling land by a freeman, which is limited. 33. To patrons of abbeys, &c. 34. To the right of a woman to appeal for the death of her husband. 35. To the time of holding courts. 36. To mortmain. 37. To escuage and subsidy²⁵. 88. Confirms every article of the charter. See a copy of Magna Charta in 1 Laws of South Carolina; edited by Judge Cooper, p. 78. In the Penny Magazine for the year 1833, page 229, there is a copy of the original seal of King John, affixed²⁶ to this instrument, and a specimen²⁷ of a facsimile of the writing of Magna Charta, beginning at the passage, Nullus liber homo capietur vel imprisonetur, &c. A copy of both may be found in the Magazin Pittoresque, for the year 1834, p. 52, 53. Vide 4 Bl. Com. 423.