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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/10000-0.txt b/10000-0.txt new file mode 100644 index 0000000..60ee9ad --- /dev/null +++ b/10000-0.txt @@ -0,0 +1,1491 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 10000 *** + +The Magna Carta + + +Contents + + The Text of Magna Carta + Magna Carta 1215 + The text of THE MAGNA CARTA + + + + +A note from Michael Hart, preparer of the 0.1 version. + + +This file contains a number of versions of the Magna Carta, some of +which were a little mangled in transit. I am sure our volunteers will +find and correct errors I didn’t catch, and that version 0.2 - 1.0 will +have significant improvements, as well as at least one more version in +Latin. + + +Version 1.0 may contain a dozen different versions. + + + + +The Text of Magna Carta + + +JOHN, by the grace of God King of England, Lord of Ireland, Duke of +Normandy and Aquitaine, and Count of Anjou, to his archbishops, +bishops, abbots, earls, barons, justices, foresters, sheriffs, +stewards, servants, and to all his officials and loyal subjects, +Greeting. + +KNOW THAT BEFORE GOD, for the health of our soul and those of our +ancestors and heirs, to the honour of God, the exaltation of the holy +Church, and the better ordering of our kingdom, at the advice of our +reverend fathers Stephen, archbishop of Canterbury, primate of all +England, and cardinal of the holy Roman Church, Henry archbishop of +Dublin, William bishop of London, Peter bishop of Winchester, Jocelin +bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop +of Worcester, William bishop of Coventry, Benedict bishop of Rochester, +Master Pandulf subdeacon and member of the papal household, Brother +Aymeric master of the knighthood of the Temple in England, William +Marshal earl of Pembroke, William earl of Salisbury, William earl of +Warren, William earl of Arundel, Alan de Galloway constable of +Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh +seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas +Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, +John Fitz Hugh, and other loyal subjects: + +(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter +have confirmed for us and our heirs in perpetuity, that the English +Church shall be free, and shall have its rights undiminished, and its +liberties unimpaired. That we wish this so to be observed, appears from +the fact that of our own free will, before the outbreak of the present +dispute between us and our barons, we granted and confirmed by charter +the freedom of the Church’s elections - a right reckoned to be of the +greatest necessity and importance to it - and caused this to be +confirmed by Pope Innocent III. This freedom we shall observe +ourselves, and desire to be observed in good faith by our heirs in +perpetuity. + +TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our +heirs for ever, all the liberties written out below, to have and to +keep for them and their heirs, of us and our heirs: + +(2) If any earl, baron, or other person that holds lands directly of +the Crown, for military service, shall die, and at his death his heir +shall be of full age and owe a ‘relief’, the heir shall have his +inheritance on payment of the ancient scale of ‘relief’. That is to +say, the heir or heirs of an earl shall pay 100 for the entire earl’s +barony, the heir or heirs of a knight 100s. at most for the entire +knight’s ‘fee’, and any man that owes less shall pay less, in +accordance with the ancient usage of ‘fees’ + +(3) But if the heir of such a person is under age and a ward, when he +comes of age he shall have his inheritance without ‘relief’ or fine. + +(4) The guardian of the land of an heir who is under age shall take +from it only reasonable revenues, customary dues, and feudal services. +He shall do this without destruction or damage to men or property. If +we have given the guardianship of the land to a sheriff, or to any +person answerable to us for the revenues, and he commits destruction or +damage, we will exact compensation from him, and the land shall be +entrusted to two worthy and prudent men of the same ‘fee’, who shall be +answerable to us for the revenues, or to the person to whom we have +assigned them. If we have given or sold to anyone the guardianship of +such land, and he causes destruction or damage, he shall lose the +guardianship of it, and it shall be handed over to two worthy and +prudent men of the same ‘fee’, who shall be similarly answerable to us. + +(5) For so long as a guardian has guardianship of such land, he shall +maintain the houses, parks, fish preserves, ponds, mills, and +everything else pertaining to it, from the revenues of the land itself. +When the heir comes of age, he shall restore the whole land to him, +stocked with plough teams and such implements of husbandry as the +season demands and the revenues from the land can reasonably bear. + +(6) Heirs may be given in marriage, but not to someone of lower social +standing. Before a marriage takes place, it shall be’ made known to the +heir’s next-of-kin. + +(7) At her husband’s death, a widow may have her marriage portion and +inheritance at once and without trouble. She shall pay nothing for her +dower, marriage portion, or any inheritance that she and her husband +held jointly on the day of his death. She may remain in her husband’s +house for forty days after his death, and within this period her dower +shall be assigned to her. + +(8) No widow shall be compelled to marry, so long as she wishes to +remain without a husband. But she must give security that she will not +marry without royal consent, if she holds her lands of the Crown, or +without the consent of whatever other lord she may hold them of. + +(9) Neither we nor our officials will seize any land or rent in payment +of a debt, so long as the debtor has movable goods sufficient to +discharge the debt. A debtor’s sureties shall not be distrained upon so +long as the debtor himself can discharge his debt. If, for lack of +means, the debtor is unable to discharge his debt, his sureties shall +be answerable for it. If they so desire, they may have the debtor’s +lands and rents until they have received satisfaction for the debt that +they paid for him, unless the debtor can show that he has settled his +obligations to them. + +(10) If anyone who has borrowed a sum of money from Jews dies before +the debt has been repaid, his heir shall pay no interest on the debt +for so long as he remains under age, irrespective of whom he holds his +lands. If such a debt falls into the hands of the Crown, it will take +nothing except the principal sum specified in the bond. + +(11) If a man dies owing money to Jews, his wife may have her dower and +pay nothing towards the debt from it. If he leaves children that are +under age, their needs may also be provided for on a scale appropriate +to the size of his holding of lands. The debt is to be paid out of the +residue, reserving the service due to his feudal lords. Debts owed to +persons other than Jews are to be dealt with similarly. + +(12) No ‘scutage’ or ‘aid’ may be levied in our kingdom without its +general consent, unless it is for the ransom of our person, to make our +eldest son a knight, and (once) to marry our eldest daughter. For these +purposes only a reasonable ‘aid’ may be levied. ‘Aids’ from the city of +London are to be treated similarly. + +(13) The city of London shall enjoy all its ancient liberties and free +customs, both by land and by water. We also will and grant that all +other cities, boroughs, towns, and ports shall enjoy all their +liberties and free customs. + + (14) To obtain the general consent of the realm for the assessment of + an ‘aid’ - except in the three cases specified above - or a ‘scutage’, + we will cause the archbishops, bishops, abbots, earls, and greater + barons to be summoned individually by letter. To those who hold lands + directly of us we will cause a general summons to be issued, through + the sheriffs and other officials, to come together on a fixed day (of + which at least forty days notice shall be given) and at a fixed place. + In all letters of summons, the cause of the summons will be stated. + When a summons has been issued, the business appointed for the day + shall go forward in accordance with the resolution of those present, + even if not all those who were summoned have appeared. + +(15) In future we will allow no one to levy an ‘aid’ from his free men, +except to ransom his person, to make his eldest son a knight, and +(once) to marry his eldest daughter. For these purposes only a +reasonable ‘aid’ may be levied. + +(16) No man shall be forced to perform more service for a knight’s +‘fee’, or other free holding of land, than is due from it. + +(17) Ordinary lawsuits shall not follow the royal court around, but +shall be held in a fixed place. + +(18) Inquests of novel disseisin, mort d’ancestor, and darrein +presentment shall be taken only in their proper county court. We +ourselves, or in our absence abroad our chief justice, will send two +justices to each county four times a year, and these justices, with +four knights of the county elected by the county itself, shall hold the +assizes in the county court, on the day and in the place where the +court meets. + +(19) If any assizes cannot be taken on the day of the county court, as +many knights and freeholders shall afterwards remain behind, of those +who have attended the court, as will suffice for the administration of +justice, having regard to the volume of business to be done. + +(20) For a trivial offence, a free man shall be fined only in +proportion to the degree of his offence, and for a serious offence +correspondingly, but not so heavily as to deprive him of his +livelihood. In the same way, a merchant shall be spared his +merchandise, and a husbandman the implements of his husbandry, if they +fall upon the mercy of a royal court. None of these fines shall be +imposed except by the assessment on oath of reputable men of the +neighbourhood. + +(21) Earls and barons shall be fined only by their equals, and in +proportion to the gravity of their offence. + +(22) A fine imposed upon the lay property of a clerk in holy orders +shall be assessed upon the same principles, without reference to the +value of his ecclesiastical benefice. + +(23) No town or person shall be forced to build bridges over rivers +except those with an ancient obligation to do so. + +(24) No sheriff, constable, coroners, or other royal officials are to +hold lawsuits that should be held by the royal justices. + +(25) Every county, hundred, wapentake, and tithing shall remain at its +ancient rent, without increase, except the royal demesne manors. + +(26) If at the death of a man who holds a lay ‘fee’ of the Crown, a +sheriff or royal official produces royal letters patent of summons for +a debt due to the Crown, it shall be lawful for them to seize and list +movable goods found in the lay ‘fee’ of the dead man to the value of +the debt, as assessed by worthy men. Nothing shall be removed until the +whole debt is paid, when the residue shall be given over to the +executors to carry out the dead man’s will. If no debt is due to the +Crown, all the movable goods shall be regarded as the property of the +dead man, except the reasonable shares of his wife and children. + +(27) If a free man dies intestate, his movable goods are to be +distributed by his next-of-kin and friends, under the supervision of +the Church. The rights of his debtors are to be preserved. + +(28) No constable or other royal official shall take corn or other +movable goods from any man without immediate payment, unless the seller +voluntarily offers postponement of this. + +(29) No constable may compel a knight to pay money for castle-guard if +the knight is willing to undertake the guard in person, or with +reasonable excuse to supply some other fit man to do it. A knight taken +or sent on military service shall be excused from castle-guard for the +period of this service. + +(30) No sheriff, royal official, or other person shall take horses or +carts for transport from any free man, without his consent. + +(31) Neither we nor any royal official will take wood for our castle, +or for any other purpose, without the consent of the owner. + +(32) We will not keep the lands of people convicted of felony in our +hand for longer than a year and a day, after which they shall be +returned to the lords of the ‘fees’ concerned. + +(33) All fish-weirs shall be removed from the Thames, the Medway, and +throughout the whole of England, except on the sea coast. + +(34) The writ called precipe shall not in future be issued to anyone in +respect of any holding of land, if a free man could thereby be deprived +of the right of trial in his own lord’s court. + +(35) There shall be standard measures of wine, ale, and corn (the +London quarter), throughout the kingdom. There shall also be a standard +width of dyed cloth, russett, and haberject, namely two ells within the +selvedges. Weights are to be standardised similarly. + +(36) In future nothing shall be paid or accepted for the issue of a +writ of inquisition of life or limbs. It shall be given gratis, and not +refused. + +(37) If a man holds land of the Crown by ‘fee-farm’, ‘socage’, or +‘burgage’, and also holds land of someone else for knight’s service, we +will not have guardianship of his heir, nor of the land that belongs to +the other person’s ‘fee’, by virtue of the ‘fee-farm’, ‘socage’, or +‘burgage’, unless the ‘fee-farm’ owes knight’s service. We will not +have the guardianship of a man’s heir, or of land that he holds of +someone else, by reason of any small property that he may hold of the +Crown for a service of knives, arrows, or the like. + +(38) In future no official shall place a man on trial upon his own +unsupported statement, without producing credible witnesses to the +truth of it. + +(39) No free man shall be seized or imprisoned, or stripped of his +rights or possessions, or outlawed or exiled, or deprived of his +standing in any other way, nor will we proceed with force against him, +or send others to do so, except by the lawful judgement of his equals +or by the law of the land. + +(40) To no one will we sell, to no one deny or delay right or justice. + +(41) All merchants may enter or leave England unharmed and without +fear, and may stay or travel within it, by land or water, for purposes +of trade, free from all illegal exactions, in accordance with ancient +and lawful customs. This, however, does not apply in time of war to +merchants from a country that is at war with us. Any such merchants +found in our country at the outbreak of war shall be detained without +injury to their persons or property, until we or our chief justice have +discovered how our own merchants are being treated in the country at +war with us. If our own merchants are safe they shall be safe too. + +(42) In future it shall be lawful for any man to leave and return to +our kingdom unharmed and without fear, by land or water, preserving his +allegiance to us, except in time of war, for some short period, for the +common benefit of the realm. People that have been imprisoned or +outlawed in accordance with the law of the land, people from a country +that is at war with us, and merchants - who shall be dealt with as +stated above - are excepted from this provision. + +(43) If a man holds lands of any ‘escheat’ such as the ‘honour’ of +Wallingford, Nottingham, Boulogne, Lancaster, or of other ‘escheats’ in +our hand that are baronies, at his death his heir shall give us only +the ‘relief’ and service that he would have made to the baron, had the +barony been in the baron’s hand. We will hold the ‘escheat’ in the same +manner as the baron held it. + +(44) People who live outside the forest need not in future appear +before the royal justices of the forest in answer to general summonses, +unless they are actually involved in proceedings or are sureties for +someone who has been seized for a forest offence. + +(45) We will appoint as justices, constables, sheriffs, or other +officials, only men that know the law of the realm and are minded to +keep it well. + +(46) All barons who have founded abbeys, and have charters of English +kings or ancient tenure as evidence of this, may have guardianship of +them when there is no abbot, as is their due. + +(47) All forests that have been created in our reign shall at once be +disafforested. River-banks that have been enclosed in our reign shall +be treated similarly. + +(48) All evil customs relating to forests and warrens, foresters, +warreners, sheriffs and their servants, or river-banks and their +wardens, are at once to be investigated in every county by twelve sworn +knights of the county, and within forty days of their enquiry the evil +customs are to be abolished completely and irrevocably. But we, or our +chief justice if we are not in England, are first to be informed. + +(49) We will at once return all hostages and charters delivered up to +us by Englishmen as security for peace or for loyal service. ***here +were some strange characters, not completely removed + +(50) We will remove completely from their offices the kinsmen of Gerard +de Ath, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in +future they shall hold no offices in England. The people in question +are Engelard de Cigogn, Geoffrey de Martigny and his brothers, Philip +Marc and his brothers, with Geoffrey his nephew, and all their +followers. + +* As soon as peace is restored, we will remove from the kingdom all the +foreign knights, bowmen, their attendants, and the mercenaries that +have come to it, to its harm, with horses and arms. + +* To any man whom we have deprived or dispossessed of lands, castles, +liberties, or rights, without the lawful judgement of his equals, we +will at once restore these. In cases of dispute the matter shall be +resolved by the judgement of the twenty-five barons referred to below +in the clause for securing the peace. In cases, however, where a man +was deprived or dispossessed of something without the lawful judgement +of his equals by our father King Henry or our brother King Richard, and +it remains in our hands or is held by others under our warranty, we +shall have respite for the period commonly allowed to Crusaders, unless +a lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. On our return from the Crusade, +or if we abandon it, we will at once render justice in full. + +* We shall have similar respite in rendering justice in connexion with +forests that are to be disafforested, or to remain forests, when these +were first aforested by our father Henry or our brother Richard; with +the guardianship of lands in another persons fee, when we have hitherto +had this by virtue of a fee held of us for knights service by a third +party; and with abbeys founded in another persons fee, in which the +lord of the fee claims to own a right. On our return from the Crusade, +or if we abandon it, we will at once do full justice to complaints +about these matters. + +* No one shall be arrested or imprisoned on the appeal of a woman for +the death of any person except her husband. + +* All fines that have been given to us unjustly and against the law of +the land, and all fines that we have exacted unjustly, shall be +entirely remitted or the matter decided by a majority judgement of the +twenty-five barons referred to below in the clause for securing the +peace together with Stephen, archbishop of Canterbury, if he can be +present, and such others as he wishes to bring with him. If the +archbishop cannot be present, proceedings shall continue without him, +provided that if any of the twenty-five barons has been involved in a +similar suit himself, his judgement shall be set aside, and someone +else chosen and sworn in his place, as a substitute for the single +occasion, by the rest of the twenty-five. + +* If we have deprived or dispossessed any Welshmen of lands, liberties, +or anything else in England or in Wales, without the lawful judgement +of their equals, these are at once to be returned to them. A dispute on +this point shall be determined in the Marches by the judgement of +equals. English law shall apply to holdings of land in England, Welsh +law to those in Wales, and the law of the Marches to those in the +Marches. The Welsh shall treat us and ours in the same way. + +* In cases where a Welshman was deprived or dispossessed of anything, +without the lawful judgement of his equals, by our father King Henry or +our brother King Richard, and it remains in our hands or is held by +others under our warranty, we shall have respite for the period +commonly allowed to Crusaders, unless a lawsuit had been begun, or an +enquiry had been made at our order, before we took the Cross as a +Crusader. But on our return from the Crusade, or if we abandon it, we +will at once do full justice according to the laws of Wales and the +said regions. + +* We will at once return the son of Llywelyn, all Welsh hostages, and +the charters delivered to us as security for the peace. + +* With regard to the return of the sisters and hostages of Alexander, +king of Scotland, his liberties and his rights, we will treat him in +the same way as our other barons of England, unless it appears from the +charters that we hold from his father William, formerly king of +Scotland, that he should be treated otherwise. This matter shall be +resolved by the judgement of his equals in our court. + +* All these customs and liberties that we have granted shall be +observed in our kingdom in so far as concerns our own relations with +our subjects. Let all men of our kingdom, whether clergy or laymen, +observe them similarly in their relations with their own men. + +***Strange characters may have ended here. + +SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering +of our kingdom, and to allay the discord that has arisen between us and +our barons, and since we desire that they shall be enjoyed in their +entirety, with lasting strength, for ever, we give and grant to the +barons the following security: + +* The barons shall elect twenty-five of their number to keep, and cause +to be observed with all their might, the peace and liberties granted +and confirmed to them by this charter. + +* If we, our chief justice, our officials, or any of our servants +offend in any respect against any man, or transgress any of the +articles of the peace or of this security, and the offence is made +known to four of the said twenty-five barons, they shall come to us - +or in our absence from the kingdom to the chief justice - to declare it +and claim immediate redress. If we, or in our absence abroad the chief +justice, make no redress within forty days, reckoning from the day on +which the offence was declared to us or to him, the four barons shall +refer the matter to the rest of the twenty-five barons, who may +distrain upon and assail us in every way possible, with the support of +the whole community of the land, by seizing our castles, lands, +possessions, or anything else saving only our own person and those of +the queen and our children, until they have secured such redress as +they have determined upon. Having secured the redress, they may then +resume their normal obedience to us. + +* Any man who so desires may take an oath to obey the commands of the +twenty-five barons for the achievement of these ends, and to join with +them in assailing us to the utmost of his power. We give public and +free permission to take this oath to any man who so desires, and at no +time will we prohibit any man from taking it. Indeed, we will compel +any of our subjects who are unwilling to take it to swear it at our +command. + +* If one of the twenty-five barons dies or leaves the country, or is +prevented in any other way from discharging his duties, the rest of +them shall choose another baron in his place, at their discretion, who +shall be duly sworn in as they were. + +* In the event of disagreement among the twenty-five barons on any +matter referred to them for decision, the verdict of the majority +present shall have the same validity as a unanimous verdict of the +whole twenty-five, whether these were all present or some of those +summoned were unwilling or unable to appear. + +* The twenty-five barons shall swear to obey all the above articles +faithfully, and shall cause them to be obeyed by others to the best of +their power. + +* We will not seek to procure from anyone, either by our own efforts or +those of a third party, anything by which any part of these concessions +or liberties might be revoked or diminished. Should such a thing be +procured, it shall be null and void and we will at no time make use of +it, either ourselves or through a third party. + +We have remitted and pardoned fully to all men any ill-will, hurt, or +grudges that have arisen between us and our subjects, whether clergy or +laymen, since the beginning of the dispute. We have in addition +remitted fully, and for our own part have also pardoned, to all clergy +and laymen any offences committed as a result of the said dispute +between Easter 1215 AD and the restoration of peace. + +In addition we have caused letters patent to be made for the barons, +bearing witness to this security and to the concessions set out above, +over the seals of Stephen archbishop of Canterbury, Henry archbishop of +Dublin, the other bishops named above, and Master Pandulf. + +IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be +free, and that men in our kingdom shall have and keep all these +liberties, rights, and concessions, well and peaceably in their fulness +and entirety for them and their heirs, of us and our heirs, in all +things and all places for ever. + +Both we and the barons have sworn that all this shall be observed in +good faith and without deceit. Witness the above mentioned people and +many others. + +Given by our hand in the meadow that is called Runnymede, between +Windsor and Staines, on the fifteenth day of June in the seventeenth +year of our reign. + +*** + +[There were many missing spaces in this one, not sure I got them all] + + + + +Magna Carta 1215 + + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishops, +bishops, abbots, earls, barons, justiciars, foresters, sheriffs, +stewards, servants, and to all his bailiffs and liege subjects, +greeting. Know that, having regard to God and for the salvation of our +soul, and those of all our ancestors and heirs, and unto the honor of +God and the advancement of holy church, and for the reform of our +realm, by advice 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, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of +Worcester, William of Coventry, Benedict of Rochester, bishops; of +master Pandulf, subdeacon and member of the household of our lord the +Pope, of brother Aymeric (master of the Knights of the Temple in +England), and of the illustrious men William Marshall earl of Pembroke, +William earl of Salisbury, William earl of Warenne, William earl of +Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerald, +Peter Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh de +Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip +d’Aubigny, Robert of Roppesley, John Marshall, John Fitz Hugh, and +others, our liegemen. + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs for ever that the English church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent from +this that the freedom of elections, which is reckoned most important +and very essential to the English church, we, of our pure and +unconstrained will, did grant, and did by our charter confirm and did +obtain the ratification of the same from our lord, Pope Innocent III., +before the quarrel arose between us and our barons: and this we will +observe, and our will is that it be observed in good faith by our heirs +for ever. We have also granted to all freemen of our kingdom, for us +and our heirs for ever, all the underwritten liberties, to be had and +held by them and their heirs, of us and our heirs for ever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his heir +shall be of full age and owe “relief” he shall have his inheritance on +payment of the ancient relief, namely the heir or heirs of an earl, 100 +pounds for a whole earl’s barony; the heir or heirs of a baron, 100 +pounds for a whole barony; the heir or heirs of a knight, 100 shillings +at most for a whole knight’s fee; and whoever owes less let him give +less, according to the ancient custom officers. + +3. If, however, the heir of any of the aforesaid has been under age and +in wardship, let him have his inheritance without relief and without +fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonably produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any other +who is responsible to us for its issues, and he has made destruction or +waste of what he holds in wardship, we will take of him amends, and the +land shall be committed to two lawful and discreet men of that fee, who +shall be responsible for the issues to us or to him to whom we shall +assign them; and if we have given or sold the wardship of any such land +to anyone and he has there in made destruction or waste, he shall lose +that wardship, and it shall be transferred to two lawful and discreet +men of that fief, who shall be responsible to us in like manner as +aforesaid. + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and “waynage,” according as the season of +husbandry shall require, and the issues of the land can reasonably +bear. + +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have +notice. + +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she +give anything for her dower, or for her marriage portion, or for the +inheritance which her husband and she held on the day of the death of +that husband; and she may remain in the house of her husband for fourty +days after his death, within which time her dower shall be assigned to +her. + +8. No widow shall be compelled to marry, so long as she prefers to live +without a husband; provided always that she gives security not to marry +without our consent, if she holds of us, or without the consent of the +lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs shall seize any land or rent for any +debt, so long as the chattels of the debtor are sufficient to repay the +debt; nor shall the sureties of the debtor be distrained so long as the +principal debtor is able to satisfy the debt; and if the principal +debtor shall fail to pay the debt, having nothing wherewith to pay it, +then the sureties shall answer for the debt; and let them have the +lands and rents of the debtor, if they desire them, until they are +indemnified for the debt which they have paid for him, unless the +principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan can be repaid, the debt shall not bear interest while +the heir is under age, of whomsoever he may hold; and if the debt fall +into our hands, we will not take anything except the principal sum +contained in the bond. + +11. And if any one die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the deceased +are left underage, necessaries shall be provided for them in keeping +with the holding of the deceased; and out of the residue the debt shall +be paid, reserving, however, service due to feudal lords; in like +manner let it be done touching debts due to others than Jews. + +12. No scutage nor aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all its ancient liberties and +free customs, as well by land as by water; furthermore, we decree and +grant that all other cities, boroughs, towns, and ports shall have all +their liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, abbots, +earls, and greater barons, severally by our letters; and we will +moreover cause to be summoned generally, through our sheriffs and +bailiffs, all others who hold of us in chief, for a fixed date, namely, +after the expiry of at least forty days, and at a fixed place; and in +all letters of such summons we will specify the reason of the summons. +And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, +although not all who were summoned have come. + +15. We will not for the future grant to any one license to take an aid +from his own free tenants, except to ransom his body, to make his +eldest son a knight, and once to marry his eldest daughter; and on each +of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d’ancester, and of darrein +presentment, shall not be held elsewhere than in their own county +courts and that in manner following,—We, or, if we should be out of the +realm, our chief justiciar, will send two justiciars through every +county four times a year, who shall, along with four knights of the +county chosen by the county, hold the said assize in the county court, +on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who were +present at the county court on that day, as many as may be required for +the efficient making of judgments, according as the business be more or +less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his “contentment;” and a merchant in the same way, saving +his “merchandise;” and a villein shall be amerced in the same way, +saving his “wainage”—if they have fallen into our mercy: and none of +the aforesaid amercements shall be impsed except by the oath of honest +men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river-banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundreds, wapentakes, and trithings (except our +demesne manors) shall remain at old rents, and without any additional +payment.***here may be an error + +26. If any one holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed to us, it shall be lawful for our sheriff or bailiff +to attach and catalogue chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law-worthy men, +provided always that nothing whatever be then be removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfil the will of the deceased; and if there +be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from any one without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu of +castle-guard, when he is willing to perform it in his own person, or +(if he cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands of those +who have been convicted of felony, and the lands shall thereafter be +handed over to the lords of the fiefs. + +33. All kiddles for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future be +issued to any one, regarding any tenement whereby a freeman may lose +his court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, “the London +quarter;” and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvages; of weights also let +it be as of measures. + +36. Nothing in future shall be given or taken for a writ of inquisition +of life or limbs, but freely it shall be granted, and never denied. + +37. If any one holds of us by fee-farm, by socage, or by burgage, and +holds also land of another lord by knight’s service, we will not (by +reason of that fee-farm, socage, or burgage) have the wardship of the +heir, or of such land of his as is of the fief of that other; nor shall +we have wardship of that fee-farm, socage, or burgage, unless such +fee-farm owes knight’s service. We will not by reason of any small +serjeanty which any one may hold of us by the service of rendering to +us knives, arrows, or the like, have wardship of his heir of the land +which he holds of another lord by knight’s service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put any one to his “law,” without credible witnesses brought +for this purpose. + +39. No freeman shall be taken or imprisoned or disseised or exiled or +in anyway destroyed, nor will we go upon him nor send upon him, except +by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right or +justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for any one (excepting always those +imprisoned or outlawed in accordance with the law of the kingdom, and +natives of any country at war with us, and merchants, who shall be +treated as is above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of war, +on grounds of public policy—reserving always the allegiance due to us. + +43. If any one holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall give +no other relief, and perform no other service to us than he would have +done to the baron, if that barony had been in the baron’s hand; and we +shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciars of the forest upon a general summons, except those who +are impleaded, or who have become sureties for any person or persons +attached for forest offenses. + +45. We will appoint as justices, constables, sheriffs, or bailiffs only +such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have +long-continued possession, shall have the wardship of them, when +vacant, as they ought to have. + +47. All forests that have been made such in our time shall forthwith be +disafforested; and a similar course shall be followed with regard to +river-banks that have been placed “in defense” by us in our time. + +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river-banks and their wardens, +shall immediately be inquired into in each county by twelve sworn +knights of the same county chosen by the honest men of the same county, +and shall, within forty days of the said inquest, be utterly abolished, +so as never to be restored, provided always that we previously have +intimation thereof, or our justiciar, if we should not be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace or of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geofrrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom all +foreign-born knights, cross-bowmen, serjeants, and mercenary soldiers, +who have come with horses and arms to the kingdom’s hurt. + +52. If any one has been dispossessed or removed by us, without the +legal judgment of his peers, from his lands, castles, franchises, or +from his right, we will immediately restore them to him; and if a +dispute arise over this, then let it be decided by the five-and-twenty +barons of whom mention is made below in the clause for securing the +peace. Moreover, for all those possessions, from which any one has, +without the lawful judgment of his peers, be endisseised or removed, by +our father, King Henry, or by our brother, King Richard, and which we +retain in our hand (or which are possessed by others, to whom we are +bound to warrant them) we shall have respite until the usual term of +crusaders; excepting those things about which a plea has been raised, +or an inquest made by our order, before our taking of the cross; but as +soon as were turn from our expedition (or if perchance we desist from +the expedition) we will immediately grant full justice therein. + +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those +forests which Henry our father and Richard our brother afforested, and +concerning wardship of lands which are of the fief of another (namely, +such wardships as we have hitherto had by reason of a fief which any +one held of us by knight’s service), and concerning abbeys founded on +other fiefs than our own, in which the lord of the fief claims to have +right; and when we have returned, or if we desist from our expedition, +we will immediately grant full justice to all who complain of such +things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five-and-twenty barons of whom mention +is made below in the clause for securing the peace, or according to the +judgment of the majority of the same, along with the aforesaid Stephen, +archbishop of Canterbury, if he can be present, and such others as he +may wish to bring with him for this purpose, and if he cannot be +present the business shall nevertheless proceed without him, provided +always that if any one or more of the aforesaid five-and-twenty barons +are in a similar suit, they shall be removed as far as concerns this +particular judgment, others being substituted in their places after +having been selected by the rest of the same five-and-twenty for this +purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for tenements in England according to the law +of England, for tenements in Wales according to the law of Wales, and +for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father or King Richard our brother, and which we retain +in our hand (or which are possessed by others, to whom we are bound to +warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised or an inquest +made by our order before we took the cross; but as soon as we return +(or if perchance we desist from our expedition), we will immediately +grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for the +peace. + +59. We will do toward Alexander, King of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and his +right, in the same manner as we shall do toward our other barons of +England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly King of Scots; and this +shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the observance +of which we have granted in our kingdom as far as pertains to us toward +our men, shall be observed by all of our kingdom, as well clergy as +laymen, as far as pertains to them toward their men. + +61. Since, moreover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance for ever, we give and +grant to them the underwritten security, namely, that the barons choose +five-and-twenty barons of the kingdom, whomsoever they will, who shall +be bound with all their might, to observe and hold, and cause to be +observed, the peace and liberties we have granted and confirmed to them +by this our present Charter, so that if we, or our justiciar, or our +bailiffs or any one of our officers, shall in anything be at fault +toward any one, or shall have broken any one of the articles of the +peace or of this security, and the offense be notified to four barons +of the foresaid five-and-twenty, the said four barons shall repair to +us (or our justiciar, if we are out of the realm) and, laying the +transgression before us, petition to have that transgression redressed +without delay. And if we shall not have corrected the transgression +(or, in the event of our being out of the realm, if our justiciar shall +not have corrected it) within forty days, reckoning from the time it +has been intimated to us (or to our justiciar, if we should be out of +the realm), the four barons aforesaid shall refer that matter to the +rest of the five-and-twenty barons, and those five-and-twenty barons +shall, together with the community of the whole land, distrain and +distress us in all possible ways, namely, by seizing our castles, +lands, possessions, and in any other way they can, until redress has +been obtained as they deem fit, saving harmless our own person, and the +persons of our queen and children; and when redress has been obtained, +they shall resume their old relations toward us. And let whoever in the +country desires it, swear to obey the orders of the said +five-and-twenty barons for the execution of all the aforesaid matters, +and along with them, to molest us to the utmost of his power; and we +publicly and freely grant leave to every one who wishes to swear, and +we shall never forbid any one to swear. All those, moreover, in the +land who of themselves and of their own accord are unwilling to swear +to the twenty-five to help them in constraining and molesting us, we +shall by our command compel the same to swear to the effect aforesaid. +And if any one of the five-and-twenty barons shall have died or +departed from the land, or be incapacitated in any other manner which +would prevent the foresaid provisions being carried out, those of the +said twenty-five barons who are left shall choose another in his place +according to their own judgment, and he shall be sworn in the same way +as the others. Further, in all matters, the execution of which is +intrusted to these twenty-five barons, if perchance these twenty-five +are present, that which the majority of those present ordain or command +shall be held as fixed and established, exactly as if the whole +twenty-five had concurred in this; and the said twenty-five shall swear +that they will faithfully observe all that is aforesaid, and cause it +to be observed with all their might. And we shall procure nothing from +any one, directly or indirectly, whereby any part of these concessions +and liberties might be revoked or diminished; and if any such thing has +been procured, let it be void and null, and we shall never use it +personally or by another. + +62. And all the ill-will, hatreds, and bitterness that have arisen +between us and our men, clergy and lay, from the date of the quarrel, +we have completely remitted and pardoned every one. Moreover, all +trespasses occasioned by the said quarrel, from Easter in the sixteenth +year of our reign till the restoration of peace, we have fully remitted +to all, both clergy and laymen, and completely forgiven, as far as +pertains to us. And, on this head, we have caused to be made for them +letters testimonial patent of the lord Stephen, archbishop of +Canterbury, of the lord Henry, archbishop of Dublin, of the bishops +aforesaid, and of Master Pandulf as touching this security and the +concessions aforesaid. + +63. 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. + + + + +The text of THE MAGNA CARTA + + +The Magna Carta (The Great Charter): + +Preamble: + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, +abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, +servants, and to all his bailiffs and liege subjects, greetings. Know +that, having regard to God and for the salvation of our soul, and those +of all our ancestors and heirs, and unto the honor of God and the +advancement of his holy Church and for the rectifying of our realm, we +have granted as underwritten by advice 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, Jocelyn of Bath and Glastonbury, Hugh of +Lincoln, Walter of Worcester, William of Coventry, Benedict of +Rochester, bishops; of Master Pandulf, subdeacon and member of the +household of our lord the Pope, of brother Aymeric (master of the +Knights of the Temple in England), and of the illustrious men William +Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of +Warenne, William, earl of Arundel, Alan of Galloway (constable of +Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh +(seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas +Basset, Alan Basset, Philip d’Aubigny, Robert of Roppesley, John +Marshal, John Fitz Hugh, and others, our liegemen. + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs forever that the English Church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent from +this that the freedom of elections, which is reckoned most important +and very essential to the English Church, we, of our pure and +unconstrained will, did grant, and did by our charter confirm and did +obtain the ratification of the same from our lord, Pope Innocent III, +before the quarrel arose between us and our barons: and this we will +observe, and our will is that it be observed in good faith by our heirs +forever. We have also granted to all freemen of our kingdom, for us and +our heirs forever, all the underwritten liberties, to be had and held +by them and their heirs, of us and our heirs forever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his heir +shall be full of age and owe “relief”, he shall have his inheritance by +the old relief, to wit, the heir or heirs of an earl, for the whole +baroncy of an earl by L100; the heir or heirs of a baron, L100 for a +whole barony; the heir or heirs of a knight, 100s, at most, and whoever +owes less let him give less, according to the ancient custom of fees. + +3. If, however, the heir of any one of the aforesaid has been under age +and in wardship, let him have his inheritance without relief and +without fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonable produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any other +who is responsible to us for its issues, and he has made destruction or +waster of what he holds in wardship, we will take of him amends, and +the land shall be committed to two lawful and discreet men of that fee, +who shall be responsible for the issues to us or to him to whom we +shall assign them; and if we have given or sold the wardship of any +such land to anyone and he has therein made destruction or waste, he +shall lose that wardship, and it shall be transferred to two lawful and +discreet men of that fief, who shall be responsible to us in like +manner as aforesaid. + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and wainage, according as the season of +husbandry shall require, and the issues of the land can reasonable +bear. + +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have +notice. + +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she +give anything for her dower, or for her marriage portion, or for the +inheritance which her husband and she held on the day of the death of +that husband; and she may remain in the house of her husband for forty +days after his death, within which time her dower shall be assigned to +her. + +8. No widow shall be compelled to marry, so long as she prefers to live +without a husband; provided always that she gives security not to marry +without our consent, if she holds of us, or without the consent of the +lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs will seize any land or rent for any +debt, as long as the chattels of the debtor are sufficient to repay the +debt; nor shall the sureties of the debtor be distrained so long as the +principal debtor is able to satisfy the debt; and if the principal +debtor shall fail to pay the debt, having nothing wherewith to pay it, +then the sureties shall answer for the debt; and let them have the +lands and rents of the debtor, if they desire them, until they are +indemnified for the debt which they have paid for him, unless the +principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan be repaid, the debt shall not bear interest while the +heir is under age, of whomsoever he may hold; and if the debt fall into +our hands, we will not take anything except the principal sum contained +in the bond. + +11. And if anyone die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the deceased +are left under age, necessaries shall be provided for them in keeping +with the holding of the deceased; and out of the residue the debt shall +be paid, reserving, however, service due to feudal lords; in like +manner let it be done touching debts due to others than Jews. + +12. No scutage not aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all it ancient liberties and free +customs, as well by land as by water; furthermore, we decree and grant +that all other cities, boroughs, towns, and ports shall have all their +liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, abbots, +earls, and greater barons, severally by our letters; and we will +moveover cause to be summoned generally, through our sheriffs and +bailiffs, and others who hold of us in chief, for a fixed date, namely, +after the expiry of at least forty days, and at a fixed place; and in +all letters of such summons we will specify the reason of the summons. +And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, +although not all who were summoned have come. + +15. We will not for the future grant to anyone license to take an aid +from his own free tenants, except to ransom his person, to make his +eldest son a knight, and once to marry his eldest daughter; and on each +of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d’ancestor, and of darrein +presentment shall not be held elsewhere than in their own county +courts, and that in manner following; We, or, if we should be out of +the realm, our chief justiciar, will send two justiciaries through +every county four times a year, who shall alone with four knights of +the county chosen by the county, hold the said assizes in the county +court, on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who were +present at the county court on that day, as many as may be required for +the efficient making of judgments, according as the business be more or +less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his “contentment”; and a merchant in the same way, saving +his “merchandise”; and a villein shall be amerced in the same way, +saving his “wainage” if they have fallen into our mercy: and none of +the aforesaid amercements shall be imposed except by the oath of honest +men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundred, wapentakes, and trithings (except our +demesne manors) shall remain at the old rents, and without any +additional payment. + +26. If anyone holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed us, it shall be lawful for our sheriff or bailiff to +attach and enroll the chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law worthy men, +provided always that nothing whatever be thence removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfill the will of the deceased; and if there +be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the Church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from anyone without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu of +castle-guard, when he is willing to perform it in his own person, or +(if he himself cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands those who +have been convicted of felony, and the lands shall thereafter be handed +over to the lords of the fiefs. + +33. All kydells for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future be +issued to anyone, regarding any tenement whereby a freeman may lose his +court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, “the London +quarter”; and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvedges; of weights also +let it be as of measures. + +36. Nothing in future shall be given or taken for a writ of inquisition +of life or limbs, but freely it shall be granted, and never denied. + +37. If anyone holds of us by fee-farm, either by socage or by burage, +or of any other land by knight’s service, we will not (by reason of +that fee-farm, socage, or burgage), have the wardship of the heir, or +of such land of his as if of the fief of that other; nor shall we have +wardship of that fee-farm, socage, or burgage, unless such fee-farm +owes knight’s service. We will not by reason of any small serjeancy +which anyone may hold of us by the service of rendering to us knives, +arrows, or the like, have wardship of his heir or of the land which he +holds of another lord by knight’s service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put anyone to his “law”, without credible witnesses brought +for this purposes. + +39. No freemen shall be taken or imprisoned or disseised or exiled or +in any way destroyed, nor will we go upon him nor send upon him, except +by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right or +justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for anyone (excepting always those +imprisoned or outlawed in accordance with the law of the kingdom, and +natives of any country at war with us, and merchants, who shall be +treated as if above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of war, +on grounds of public policy- reserving always the allegiance due to us. + +43. If anyone holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall give +no other relief, and perform no other service to us than he would have +done to the baron if that barony had been in the baron’s hand; and we +shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciaries of the forest upon a general summons, unless they are +in plea, or sureties of one or more, who are attached for the forest. + +45. We will appoint as justices, constables, sheriffs, or bailiffs only +such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have long +continued possession, shall have the wardship of them, when vacant, as +they ought to have. + +47. All forests that have been made such in our time shall forthwith be +disafforsted; and a similar course shall be followed with regard to +river banks that have been placed “in defense” by us in our time. + +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river banks and their wardens, +shall immediately by inquired into in each county by twelve sworn +knights of the same county chosen by the honest men of the same county, +and shall, within forty days of the said inquest, be utterly abolished, +so as never to be restored, provided always that we previously have +intimation thereof, or our justiciar, if we should not be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard of Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom all +foreign born knights, crossbowmen, serjeants, and mercenary soldiers +who have come with horses and arms to the kingdom’s hurt. + +52. If anyone has been dispossessed or removed by us, without the legal +judgment of his peers, from his lands, castles, franchises, or from his +right, we will immediately restore them to him; and if a dispute arise +over this, then let it be decided by the five and twenty barons of whom +mention is made below in the clause for securing the peace. Moreover, +for all those possessions, from which anyone has, without the lawful +judgment of his peers, been disseised or removed, by our father, King +Henry, or by our brother, King Richard, and which we retain in our hand +(or which as possessed by others, to whom we are bound to warrant them) +we shall have respite until the usual term of crusaders; excepting +those things about which a plea has been raised, or an inquest made by +our order, before our taking of the cross; but as soon as we return +from the expedition, we will immediately grant full justice therein. + +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those +forests which Henry our father and Richard our brother afforested, and +concerning the wardship of lands which are of the fief of another +(namely, such wardships as we have hitherto had by reason of a fief +which anyone held of us by knight’s service), and concerning abbeys +founded on other fiefs than our own, in which the lord of the fee +claims to have right; and when we have returned, or if we desist from +our expedition, we will immediately grant full justice to all who +complain of such things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements, imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five and twenty barons whom mention is +made below in the clause for securing the pease, or according to the +judgment of the majority of the same, along with the aforesaid Stephen, +archbishop of Canterbury, if he can be present, and such others as he +may wish to bring with him for this purpose, and if he cannot be +present the business shall nevertheless proceed without him, provided +always that if any one or more of the aforesaid five and twenty barons +are in a similar suit, they shall be removed as far as concerns this +particular judgment, others being substituted in their places after +having been selected by the rest of the same five and twenty for this +purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for the tenements in England according to the +law of England, for tenements in Wales according to the law of Wales, +and for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father, or King Richard our brother, and which we retain +in our hand (or which are possessed by others, and which we ought to +warrant), we will have respite until the usual term of crusaders; +excepting those things about which a plea has been raised or an inquest +made by our order before we took the cross; but as soon as we return +(or if perchance we desist from our expedition), we will immediately +grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for the +peace. + +59. We will do towards Alexander, king of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and his +right, in the same manner as we shall do towards our other barons of +England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly king of Scots; and this +shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the +observances of which we have granted in our kingdom as far as pertains +to us towards our men, shall be observed b all of our kingdom, as well +clergy as laymen, as far as pertains to them towards their men. + +61. Since, moveover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance forever, we give and +grant to them the underwritten security, namely, that the barons choose +five and twenty barons of the kingdom, whomsoever they will, who shall +be bound with all their might, to observe and hold, and cause to be +observed, the peace and liberties we have granted and confirmed to them +by this our present Charter, so that if we, or our justiciar, or our +bailiffs or any one of our officers, shall in anything be at fault +towards anyone, or shall have broken any one of the articles of this +peace or of this security, and the offense be notified to four barons +of the foresaid five and twenty, the said four barons shall repair to +us (or our justiciar, if we are out of the realm) and, laying the +transgression before us, petition to have that transgression redressed +without delay. And if we shall not have corrected the transgression +(or, in the event of our being out of the realm, if our justiciar shall +not have corrected it) within forty days, reckoning from the time it +has been intimated to us (or to our justiciar, if we should be out of +the realm), the four barons aforesaid shall refer that matter to the +rest of the five and twenty barons, and those five and twenty barons +shall, together with the community of the whole realm, distrain and +distress us in all possible ways, namely, by seizing our castles, +lands, possessions, and in any other way they can, until redress has +been obtained as they deem fit, saving harmless our own person, and the +persons of our queen and children; and when redress has been obtained, +they shall resume their old relations towards us. And let whoever in +the country desires it, swear to obey the orders of the said five and +twenty barons for the execution of all the aforesaid matters, and along +with them, to molest us to the utmost of his power; and we publicly and +freely grant leave to everyone who wishes to swear, and we shall never +forbid anyone to swear. + +All those, moveover, in the land who of themselves and of their own +accord are unwilling to swear to the twenty five to help them in +constraining and molesting us, we shall by our command compel the same +to swear to the effect foresaid. And if any one of the five and twenty +barons shall have died or departed from the land, or be incapacitated +in any other manner which would prevent the foresaid provisions being +carried out, those of the said twenty five barons who are left shall +choose another in his place according to their own judgment, and he +shall be sworn in the same way as the others. Further, in all matters, +the execution of which is entrusted to these twenty five barons, if +perchance these twenty five are present and disagree about anything, or +if some of them, after being summoned, are unwilling or unable to be +present, that which the majority of those present ordain or command +shall be held as fixed and established, exactly as if the whole twenty +five had concurred in this; and the said twenty five shall swear that +they will faithfully observe all that is aforesaid, and cause it to be +observed with all their might. And we shall procure nothing from +anyone, directly or indirectly, whereby any part of these concessions +and liberties might be revoked or diminished; and if any such things +has been procured, let it be void and null, and we shall never use it +personally or by another. + +62. And all the will, hatreds, and bitterness that have arisen between +us and our men, clergy and lay, from the date of the quarrel, we have +completely remitted and pardoned to everyone. Moreover, all trespasses +occasioned by the said quarrel, from Easter in the sixteenth year of +our reign till the restoration of peace, we have fully remitted to all, +both clergy and laymen, and completely forgiven, as far as pertains to +us. And on this head, we have caused to be made for them letters +testimonial patent of the lord Stephen, archbishop of Canterbury, of +the lord Henry, archbishop of Dublin, of the bishops aforesaid, and of +Master Pandulf as touching this security and the concessions aforesaid. + +63. Wherefore we will and firmly order 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 forever, 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. + +*** END OF THE PROJECT GUTENBERG EBOOK 10000 *** diff --git a/10000-h/10000-h.htm b/10000-h/10000-h.htm new file mode 100644 index 0000000..3e50053 --- /dev/null +++ b/10000-h/10000-h.htm @@ -0,0 +1,1890 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" +"http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> +<head> +<meta http-equiv="Content-Type" content="text/html;charset=UTF-8" /> +<meta http-equiv="Content-Style-Type" content="text/css" /> +<title>The Project Gutenberg eBook of The Magna Carta</title> + +<style type="text/css"> + +body { margin-left: 20%; + margin-right: 20%; + text-align: justify; } + +h1, h2, h3, h4, h5 {text-align: center; font-style: normal; font-weight: +normal; line-height: 1.5; margin-top: .5em; margin-bottom: .5em;} + +h1 {font-size: 300%; + margin-top: 0.6em; + margin-bottom: 0.6em; + letter-spacing: 0.12em; + word-spacing: 0.2em; + text-indent: 0em;} +h2 {font-size: 150%; margin-top: 2em; margin-bottom: 1em;} +h3 {font-size: 130%; margin-top: 1em;} +h4 {font-size: 120%;} +h5 {font-size: 110%;} + +div.chapter {page-break-before: always; margin-top: 4em;} + +hr {width: 80%; margin-top: 2em; margin-bottom: 2em;} + +p {text-indent: 1em; + margin-top: 0.25em; + margin-bottom: 0.25em; } + +p.letter {text-indent: 0%; + margin-left: 10%; + margin-right: 10%; + margin-top: 1em; + margin-bottom: 1em; } + +p.center {text-align: center; + text-indent: 0em; + margin-top: 1em; + margin-bottom: 1em; } + +a:link {color:blue; text-decoration:none} +a:visited {color:blue; text-decoration:none} +a:hover {color:red} + +</style> + +</head> + +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 10000 ***</div> + +<h1>The Magna Carta</h1> + +<hr /> + +<h2>Contents</h2> + +<table summary="" style=""> + +<tr> +<td> <a href="#chap01">The Text of Magna Carta</a></td> +</tr> + +<tr> +<td> <a href="#chap02">Magna Carta 1215</a></td> +</tr> + +<tr> +<td> <a href="#chap03">The text of THE MAGNA CARTA</a></td> +</tr> + +</table> + +<div class="chapter"> + +<p class="center"> +A note from Michael Hart, preparer of the 0.1 version. +</p> + +<p class="letter"> +This file contains a number of versions of the Magna Carta, some of which were +a little mangled in transit. I am sure our volunteers will find and correct +errors I didn’t catch, and that version 0.2 - 1.0 will have significant +improvements, as well as at least one more version in Latin. +</p> + +<p class="letter"> +Version 1.0 may contain a dozen different versions. +</p> + +</div><!--end chapter--> + +<div class="chapter"> + +<h2><a name="chap01"></a>The Text of Magna Carta</h2> + +<p> +JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy +and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, +barons, justices, foresters, sheriffs, stewards, servants, and to all his +officials and loyal subjects, Greeting. +</p> + +<p> +KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and +heirs, to the honour of God, the exaltation of the holy Church, and the better +ordering of our kingdom, at the advice of our reverend fathers Stephen, +archbishop of Canterbury, primate of all England, and cardinal of the holy +Roman Church, Henry archbishop of Dublin, William bishop of London, Peter +bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of +Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict +bishop of Rochester, Master Pandulf subdeacon and member of the papal +household, Brother Aymeric master of the knighthood of the Temple in England, +William Marshal earl of Pembroke, William earl of Salisbury, William earl of +Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin +Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de +Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, +Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects: +</p> + +<p> +(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have +confirmed for us and our heirs in perpetuity, that the English Church shall be +free, and shall have its rights undiminished, and its liberties unimpaired. +That we wish this so to be observed, appears from the fact that of our own free +will, before the outbreak of the present dispute between us and our barons, we +granted and confirmed by charter the freedom of the Church’s elections - +a right reckoned to be of the greatest necessity and importance to it - and +caused this to be confirmed by Pope Innocent III. This freedom we shall observe +ourselves, and desire to be observed in good faith by our heirs in perpetuity. +</p> + +<p> +TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for +ever, all the liberties written out below, to have and to keep for them and +their heirs, of us and our heirs: +</p> + +<p> +(2) If any earl, baron, or other person that holds lands directly of the Crown, +for military service, shall die, and at his death his heir shall be of full age +and owe a ‘relief’, the heir shall have his inheritance on payment +of the ancient scale of ‘relief’. That is to say, the heir or heirs +of an earl shall pay 100 for the entire earl’s barony, the heir or heirs +of a knight 100s. at most for the entire knight’s ‘fee’, and +any man that owes less shall pay less, in accordance with the ancient usage of +‘fees’ +</p> + +<p> +(3) But if the heir of such a person is under age and a ward, when he comes of +age he shall have his inheritance without ‘relief’ or fine. +</p> + +<p> +(4) The guardian of the land of an heir who is under age shall take from it +only reasonable revenues, customary dues, and feudal services. He shall do this +without destruction or damage to men or property. If we have given the +guardianship of the land to a sheriff, or to any person answerable to us for +the revenues, and he commits destruction or damage, we will exact compensation +from him, and the land shall be entrusted to two worthy and prudent men of the +same ‘fee’, who shall be answerable to us for the revenues, or to +the person to whom we have assigned them. If we have given or sold to anyone +the guardianship of such land, and he causes destruction or damage, he shall +lose the guardianship of it, and it shall be handed over to two worthy and +prudent men of the same ‘fee’, who shall be similarly answerable to +us. +</p> + +<p> +(5) For so long as a guardian has guardianship of such land, he shall maintain +the houses, parks, fish preserves, ponds, mills, and everything else pertaining +to it, from the revenues of the land itself. When the heir comes of age, he +shall restore the whole land to him, stocked with plough teams and such +implements of husbandry as the season demands and the revenues from the land +can reasonably bear. +</p> + +<p> +(6) Heirs may be given in marriage, but not to someone of lower social +standing. Before a marriage takes place, it shall be’ made known to the +heir’s next-of-kin. +</p> + +<p> +(7) At her husband’s death, a widow may have her marriage portion and +inheritance at once and without trouble. She shall pay nothing for her dower, +marriage portion, or any inheritance that she and her husband held jointly on +the day of his death. She may remain in her husband’s house for forty +days after his death, and within this period her dower shall be assigned to +her. +</p> + +<p> +(8) No widow shall be compelled to marry, so long as she wishes to remain +without a husband. But she must give security that she will not marry without +royal consent, if she holds her lands of the Crown, or without the consent of +whatever other lord she may hold them of. +</p> + +<p> +(9) Neither we nor our officials will seize any land or rent in payment of a +debt, so long as the debtor has movable goods sufficient to discharge the debt. +A debtor’s sureties shall not be distrained upon so long as the debtor +himself can discharge his debt. If, for lack of means, the debtor is unable to +discharge his debt, his sureties shall be answerable for it. If they so desire, +they may have the debtor’s lands and rents until they have received +satisfaction for the debt that they paid for him, unless the debtor can show +that he has settled his obligations to them. +</p> + +<p> +(10) If anyone who has borrowed a sum of money from Jews dies before the debt +has been repaid, his heir shall pay no interest on the debt for so long as he +remains under age, irrespective of whom he holds his lands. If such a debt +falls into the hands of the Crown, it will take nothing except the principal +sum specified in the bond. +</p> + +<p> +(11) If a man dies owing money to Jews, his wife may have her dower and pay +nothing towards the debt from it. If he leaves children that are under age, +their needs may also be provided for on a scale appropriate to the size of his +holding of lands. The debt is to be paid out of the residue, reserving the +service due to his feudal lords. Debts owed to persons other than Jews are to +be dealt with similarly. +</p> + +<p> +(12) No ‘scutage’ or ‘aid’ may be levied in our kingdom +without its general consent, unless it is for the ransom of our person, to make +our eldest son a knight, and (once) to marry our eldest daughter. For these +purposes only a reasonable ‘aid’ may be levied. ‘Aids’ +from the city of London are to be treated similarly. +</p> + +<p> +(13) The city of London shall enjoy all its ancient liberties and free customs, +both by land and by water. We also will and grant that all other cities, +boroughs, towns, and ports shall enjoy all their liberties and free customs. +</p> + +<p> + (14) To obtain the general consent of the realm for the assessment of an + ‘aid’ - except in the three cases specified above - or a + ‘scutage’, we will cause the archbishops, bishops, abbots, earls, + and greater barons to be summoned individually by letter. To those who hold + lands directly of us we will cause a general summons to be issued, through the + sheriffs and other officials, to come together on a fixed day (of which at + least forty days notice shall be given) and at a fixed place. In all letters + of summons, the cause of the summons will be stated. When a summons has been + issued, the business appointed for the day shall go forward in accordance with + the resolution of those present, even if not all those who were summoned have + appeared. +</p> + +<p> +(15) In future we will allow no one to levy an ‘aid’ from his free +men, except to ransom his person, to make his eldest son a knight, and (once) +to marry his eldest daughter. For these purposes only a reasonable +‘aid’ may be levied. +</p> + +<p> +(16) No man shall be forced to perform more service for a knight’s +‘fee’, or other free holding of land, than is due from it. +</p> + +<p> +(17) Ordinary lawsuits shall not follow the royal court around, but shall be +held in a fixed place. +</p> + +<p> +(18) Inquests of novel disseisin, mort d’ancestor, and darrein +presentment shall be taken only in their proper county court. We ourselves, or +in our absence abroad our chief justice, will send two justices to each county +four times a year, and these justices, with four knights of the county elected +by the county itself, shall hold the assizes in the county court, on the day +and in the place where the court meets. +</p> + +<p> +(19) If any assizes cannot be taken on the day of the county court, as many +knights and freeholders shall afterwards remain behind, of those who have +attended the court, as will suffice for the administration of justice, having +regard to the volume of business to be done. +</p> + +<p> +(20) For a trivial offence, a free man shall be fined only in proportion to the +degree of his offence, and for a serious offence correspondingly, but not so +heavily as to deprive him of his livelihood. In the same way, a merchant shall +be spared his merchandise, and a husbandman the implements of his husbandry, if +they fall upon the mercy of a royal court. None of these fines shall be imposed +except by the assessment on oath of reputable men of the neighbourhood. +</p> + +<p> +(21) Earls and barons shall be fined only by their equals, and in proportion to +the gravity of their offence. +</p> + +<p> +(22) A fine imposed upon the lay property of a clerk in holy orders shall be +assessed upon the same principles, without reference to the value of his +ecclesiastical benefice. +</p> + +<p> +(23) No town or person shall be forced to build bridges over rivers except +those with an ancient obligation to do so. +</p> + +<p> +(24) No sheriff, constable, coroners, or other royal officials are to hold +lawsuits that should be held by the royal justices. +</p> + +<p> +(25) Every county, hundred, wapentake, and tithing shall remain at its ancient +rent, without increase, except the royal demesne manors. +</p> + +<p> +(26) If at the death of a man who holds a lay ‘fee’ of the Crown, a +sheriff or royal official produces royal letters patent of summons for a debt +due to the Crown, it shall be lawful for them to seize and list movable goods +found in the lay ‘fee’ of the dead man to the value of the debt, as +assessed by worthy men. Nothing shall be removed until the whole debt is paid, +when the residue shall be given over to the executors to carry out the dead +man’s will. If no debt is due to the Crown, all the movable goods shall +be regarded as the property of the dead man, except the reasonable shares of +his wife and children. +</p> + +<p> +(27) If a free man dies intestate, his movable goods are to be distributed by +his next-of-kin and friends, under the supervision of the Church. The rights of +his debtors are to be preserved. +</p> + +<p> +(28) No constable or other royal official shall take corn or other movable +goods from any man without immediate payment, unless the seller voluntarily +offers postponement of this. +</p> + +<p> +(29) No constable may compel a knight to pay money for castle-guard if the +knight is willing to undertake the guard in person, or with reasonable excuse +to supply some other fit man to do it. A knight taken or sent on military +service shall be excused from castle-guard for the period of this service. +</p> + +<p> +(30) No sheriff, royal official, or other person shall take horses or carts for +transport from any free man, without his consent. +</p> + +<p> +(31) Neither we nor any royal official will take wood for our castle, or for +any other purpose, without the consent of the owner. +</p> + +<p> +(32) We will not keep the lands of people convicted of felony in our hand for +longer than a year and a day, after which they shall be returned to the lords +of the ‘fees’ concerned. +</p> + +<p> +(33) All fish-weirs shall be removed from the Thames, the Medway, and +throughout the whole of England, except on the sea coast. +</p> + +<p> +(34) The writ called precipe shall not in future be issued to anyone in respect +of any holding of land, if a free man could thereby be deprived of the right of +trial in his own lord’s court. +</p> + +<p> +(35) There shall be standard measures of wine, ale, and corn (the London +quarter), throughout the kingdom. There shall also be a standard width of dyed +cloth, russett, and haberject, namely two ells within the selvedges. Weights +are to be standardised similarly. +</p> + +<p> +(36) In future nothing shall be paid or accepted for the issue of a writ of +inquisition of life or limbs. It shall be given gratis, and not refused. +</p> + +<p> +(37) If a man holds land of the Crown by ‘fee-farm’, +‘socage’, or ‘burgage’, and also holds land of someone +else for knight’s service, we will not have guardianship of his heir, nor +of the land that belongs to the other person’s ‘fee’, by +virtue of the ‘fee-farm’, ‘socage’, or +‘burgage’, unless the ‘fee-farm’ owes knight’s +service. We will not have the guardianship of a man’s heir, or of land +that he holds of someone else, by reason of any small property that he may hold +of the Crown for a service of knives, arrows, or the like. +</p> + +<p> +(38) In future no official shall place a man on trial upon his own unsupported +statement, without producing credible witnesses to the truth of it. +</p> + +<p> +(39) No free man shall be seized or imprisoned, or stripped of his rights or +possessions, or outlawed or exiled, or deprived of his standing in any other +way, nor will we proceed with force against him, or send others to do so, +except by the lawful judgement of his equals or by the law of the land. +</p> + +<p> +(40) To no one will we sell, to no one deny or delay right or justice. +</p> + +<p> +(41) All merchants may enter or leave England unharmed and without fear, and +may stay or travel within it, by land or water, for purposes of trade, free +from all illegal exactions, in accordance with ancient and lawful customs. +This, however, does not apply in time of war to merchants from a country that +is at war with us. Any such merchants found in our country at the outbreak of +war shall be detained without injury to their persons or property, until we or +our chief justice have discovered how our own merchants are being treated in +the country at war with us. If our own merchants are safe they shall be safe +too. +</p> + +<p> +(42) In future it shall be lawful for any man to leave and return to our +kingdom unharmed and without fear, by land or water, preserving his allegiance +to us, except in time of war, for some short period, for the common benefit of +the realm. People that have been imprisoned or outlawed in accordance with the +law of the land, people from a country that is at war with us, and merchants - +who shall be dealt with as stated above - are excepted from this provision. +</p> + +<p> +(43) If a man holds lands of any ‘escheat’ such as the +‘honour’ of Wallingford, Nottingham, Boulogne, Lancaster, or of +other ‘escheats’ in our hand that are baronies, at his death his +heir shall give us only the ‘relief’ and service that he would have +made to the baron, had the barony been in the baron’s hand. We will hold +the ‘escheat’ in the same manner as the baron held it. +</p> + +<p> +(44) People who live outside the forest need not in future appear before the +royal justices of the forest in answer to general summonses, unless they are +actually involved in proceedings or are sureties for someone who has been +seized for a forest offence. +</p> + +<p> +(45) We will appoint as justices, constables, sheriffs, or other officials, +only men that know the law of the realm and are minded to keep it well. +</p> + +<p> +(46) All barons who have founded abbeys, and have charters of English kings or +ancient tenure as evidence of this, may have guardianship of them when there is +no abbot, as is their due. +</p> + +<p> +(47) All forests that have been created in our reign shall at once be +disafforested. River-banks that have been enclosed in our reign shall be +treated similarly. +</p> + +<p> +(48) All evil customs relating to forests and warrens, foresters, warreners, +sheriffs and their servants, or river-banks and their wardens, are at once to +be investigated in every county by twelve sworn knights of the county, and +within forty days of their enquiry the evil customs are to be abolished +completely and irrevocably. But we, or our chief justice if we are not in +England, are first to be informed. +</p> + +<p> +(49) We will at once return all hostages and charters delivered up to us by +Englishmen as security for peace or for loyal service. ***here were some +strange characters, not completely removed +</p> + +<p> +(50) We will remove completely from their offices the kinsmen of Gerard de Ath, +Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in future they shall +hold no offices in England. The people in question are Engelard de Cigogn, +Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with +Geoffrey his nephew, and all their followers. +</p> + +<p> +* As soon as peace is restored, we will remove from the kingdom all the foreign +knights, bowmen, their attendants, and the mercenaries that have come to it, to +its harm, with horses and arms. +</p> + +<p> +* To any man whom we have deprived or dispossessed of lands, castles, +liberties, or rights, without the lawful judgement of his equals, we will at +once restore these. In cases of dispute the matter shall be resolved by the +judgement of the twenty-five barons referred to below in the clause for +securing the peace. In cases, however, where a man was deprived or dispossessed +of something without the lawful judgement of his equals by our father King +Henry or our brother King Richard, and it remains in our hands or is held by +others under our warranty, we shall have respite for the period commonly +allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been +made at our order, before we took the Cross as a Crusader. On our return from +the Crusade, or if we abandon it, we will at once render justice in full. +</p> + +<p> +* We shall have similar respite in rendering justice in connexion with forests +that are to be disafforested, or to remain forests, when these were first +aforested by our father Henry or our brother Richard; with the guardianship of +lands in another persons fee, when we have hitherto had this by virtue of a fee +held of us for knights service by a third party; and with abbeys founded in +another persons fee, in which the lord of the fee claims to own a right. On our +return from the Crusade, or if we abandon it, we will at once do full justice +to complaints about these matters. +</p> + +<p> +* No one shall be arrested or imprisoned on the appeal of a woman for the death +of any person except her husband. +</p> + +<p> +* All fines that have been given to us unjustly and against the law of the +land, and all fines that we have exacted unjustly, shall be entirely remitted +or the matter decided by a majority judgement of the twenty-five barons +referred to below in the clause for securing the peace together with Stephen, +archbishop of Canterbury, if he can be present, and such others as he wishes to +bring with him. If the archbishop cannot be present, proceedings shall continue +without him, provided that if any of the twenty-five barons has been involved +in a similar suit himself, his judgement shall be set aside, and someone else +chosen and sworn in his place, as a substitute for the single occasion, by the +rest of the twenty-five. +</p> + +<p> +* If we have deprived or dispossessed any Welshmen of lands, liberties, or +anything else in England or in Wales, without the lawful judgement of their +equals, these are at once to be returned to them. A dispute on this point shall +be determined in the Marches by the judgement of equals. English law shall +apply to holdings of land in England, Welsh law to those in Wales, and the law +of the Marches to those in the Marches. The Welsh shall treat us and ours in +the same way. +</p> + +<p> +* In cases where a Welshman was deprived or dispossessed of anything, without +the lawful judgement of his equals, by our father King Henry or our brother +King Richard, and it remains in our hands or is held by others under our +warranty, we shall have respite for the period commonly allowed to Crusaders, +unless a lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. But on our return from the Crusade, or +if we abandon it, we will at once do full justice according to the laws of +Wales and the said regions. +</p> + +<p> +* We will at once return the son of Llywelyn, all Welsh hostages, and the +charters delivered to us as security for the peace. +</p> + +<p> +* With regard to the return of the sisters and hostages of Alexander, king of +Scotland, his liberties and his rights, we will treat him in the same way as +our other barons of England, unless it appears from the charters that we hold +from his father William, formerly king of Scotland, that he should be treated +otherwise. This matter shall be resolved by the judgement of his equals in our +court. +</p> + +<p> +* All these customs and liberties that we have granted shall be observed in our +kingdom in so far as concerns our own relations with our subjects. Let all men +of our kingdom, whether clergy or laymen, observe them similarly in their +relations with their own men. +</p> + +<p> +***Strange characters may have ended here. +</p> + +<p> +SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our +kingdom, and to allay the discord that has arisen between us and our barons, +and since we desire that they shall be enjoyed in their entirety, with lasting +strength, for ever, we give and grant to the barons the following security: +</p> + +<p> +* The barons shall elect twenty-five of their number to keep, and cause to be +observed with all their might, the peace and liberties granted and confirmed to +them by this charter. +</p> + +<p> +* If we, our chief justice, our officials, or any of our servants offend in any +respect against any man, or transgress any of the articles of the peace or of +this security, and the offence is made known to four of the said twenty-five +barons, they shall come to us - or in our absence from the kingdom to the chief +justice - to declare it and claim immediate redress. If we, or in our absence +abroad the chief justice, make no redress within forty days, reckoning from the +day on which the offence was declared to us or to him, the four barons shall +refer the matter to the rest of the twenty-five barons, who may distrain upon +and assail us in every way possible, with the support of the whole community of +the land, by seizing our castles, lands, possessions, or anything else saving +only our own person and those of the queen and our children, until they have +secured such redress as they have determined upon. Having secured the redress, +they may then resume their normal obedience to us. +</p> + +<p> +* Any man who so desires may take an oath to obey the commands of the +twenty-five barons for the achievement of these ends, and to join with them in +assailing us to the utmost of his power. We give public and free permission to +take this oath to any man who so desires, and at no time will we prohibit any +man from taking it. Indeed, we will compel any of our subjects who are +unwilling to take it to swear it at our command. +</p> + +<p> +* If one of the twenty-five barons dies or leaves the country, or is prevented +in any other way from discharging his duties, the rest of them shall choose +another baron in his place, at their discretion, who shall be duly sworn in as +they were. +</p> + +<p> +* In the event of disagreement among the twenty-five barons on any matter +referred to them for decision, the verdict of the majority present shall have +the same validity as a unanimous verdict of the whole twenty-five, whether +these were all present or some of those summoned were unwilling or unable to +appear. +</p> + +<p> +* The twenty-five barons shall swear to obey all the above articles faithfully, +and shall cause them to be obeyed by others to the best of their power. +</p> + +<p> +* We will not seek to procure from anyone, either by our own efforts or those +of a third party, anything by which any part of these concessions or liberties +might be revoked or diminished. Should such a thing be procured, it shall be +null and void and we will at no time make use of it, either ourselves or +through a third party. +</p> + +<p> +We have remitted and pardoned fully to all men any ill-will, hurt, or grudges +that have arisen between us and our subjects, whether clergy or laymen, since +the beginning of the dispute. We have in addition remitted fully, and for our +own part have also pardoned, to all clergy and laymen any offences committed as +a result of the said dispute between Easter 1215 AD and the restoration of +peace. +</p> + +<p> +In addition we have caused letters patent to be made for the barons, bearing +witness to this security and to the concessions set out above, over the seals +of Stephen archbishop of Canterbury, Henry archbishop of Dublin, the other +bishops named above, and Master Pandulf. +</p> + +<p> +IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, +and that men in our kingdom shall have and keep all these liberties, rights, +and concessions, well and peaceably in their fulness and entirety for them and +their heirs, of us and our heirs, in all things and all places for ever. +</p> + +<p> +Both we and the barons have sworn that all this shall be observed in good faith +and without deceit. Witness the above mentioned people and many others. +</p> + +<p> +Given by our hand in the meadow that is called Runnymede, between Windsor and +Staines, on the fifteenth day of June in the seventeenth year of our reign. +</p> + +<p> +*** +</p> + +<p> +[There were many missing spaces in this one, not sure I got them all] +</p> + +</div><!--end chapter--> + +<div class="chapter"> + +<h2><a name="chap02"></a>Magna Carta 1215</h2> + +<p> +John, by the grace of God, king of England, lord of Ireland, duke of Normandy +and Aquitaine, and count of Anjou, to the archbishops, bishops, abbots, earls, +barons, justiciars, foresters, sheriffs, stewards, servants, and to all his +bailiffs and liege subjects, greeting. Know that, having regard to God and for +the salvation of our soul, and those of all our ancestors and heirs, and unto +the honor of God and the advancement of holy church, and for the reform of our +realm, by advice 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, Jocelyn of Bath and +Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, +Benedict of Rochester, bishops; of master Pandulf, subdeacon and member of the +household of our lord the Pope, of brother Aymeric (master of the Knights of +the Temple in England), and of the illustrious men William Marshall earl of +Pembroke, William earl of Salisbury, William earl of Warenne, William earl of +Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerald, Peter +Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh de Neville, Matthew +Fitz Herbert, Thomas Basset, Alan Basset, Philip d’Aubigny, Robert of +Roppesley, John Marshall, John Fitz Hugh, and others, our liegemen. +</p> + +<p> +1. In the first place we have granted to God, and by this our present charter +confirmed for us and our heirs for ever that the English church shall be free, +and shall have her rights entire, and her liberties inviolate; and we will that +it be thus observed; which is apparent from this that the freedom of elections, +which is reckoned most important and very essential to the English church, we, +of our pure and unconstrained will, did grant, and did by our charter confirm +and did obtain the ratification of the same from our lord, Pope Innocent III., +before the quarrel arose between us and our barons: and this we will observe, +and our will is that it be observed in good faith by our heirs for ever. We +have also granted to all freemen of our kingdom, for us and our heirs for ever, +all the underwritten liberties, to be had and held by them and their heirs, of +us and our heirs for ever. +</p> + +<p> +2. If any of our earls or barons, or others holding of us in chief by military +service shall have died, and at the time of his death his heir shall be of full +age and owe “relief” he shall have his inheritance on payment of +the ancient relief, namely the heir or heirs of an earl, 100 pounds for a whole +earl’s barony; the heir or heirs of a baron, 100 pounds for a whole +barony; the heir or heirs of a knight, 100 shillings at most for a whole +knight’s fee; and whoever owes less let him give less, according to the +ancient custom officers. +</p> + +<p> +3. If, however, the heir of any of the aforesaid has been under age and in +wardship, let him have his inheritance without relief and without fine when he +comes of age. +</p> + +<p> +4. The guardian of the land of an heir who is thus under age, shall take from +the land of the heir nothing but reasonably produce, reasonable customs, and +reasonable services, and that without destruction or waste of men or goods; and +if we have committed the wardship of the lands of any such minor to the +sheriff, or to any other who is responsible to us for its issues, and he has +made destruction or waste of what he holds in wardship, we will take of him +amends, and the land shall be committed to two lawful and discreet men of that +fee, who shall be responsible for the issues to us or to him to whom we shall +assign them; and if we have given or sold the wardship of any such land to +anyone and he has there in made destruction or waste, he shall lose that +wardship, and it shall be transferred to two lawful and discreet men of that +fief, who shall be responsible to us in like manner as aforesaid. +</p> + +<p> +5. The guardian, moreover, so long as he has the wardship of the land, shall +keep up the houses, parks, fishponds, stanks, mills, and other things +pertaining to the land, out of the issues of the same land; and he shall +restore to the heir, when he has come to full age, all his land, stocked with +ploughs and “waynage,” according as the season of husbandry shall +require, and the issues of the land can reasonably bear. +</p> + +<p> +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have notice. +</p> + +<p> +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she give +anything for her dower, or for her marriage portion, or for the inheritance +which her husband and she held on the day of the death of that husband; and she +may remain in the house of her husband for fourty days after his death, within +which time her dower shall be assigned to her. +</p> + +<p> +8. No widow shall be compelled to marry, so long as she prefers to live without +a husband; provided always that she gives security not to marry without our +consent, if she holds of us, or without the consent of the lord of whom she +holds, if she holds of another. +</p> + +<p> +9. Neither we nor our bailiffs shall seize any land or rent for any debt, so +long as the chattels of the debtor are sufficient to repay the debt; nor shall +the sureties of the debtor be distrained so long as the principal debtor is +able to satisfy the debt; and if the principal debtor shall fail to pay the +debt, having nothing wherewith to pay it, then the sureties shall answer for +the debt; and let them have the lands and rents of the debtor, if they desire +them, until they are indemnified for the debt which they have paid for him, +unless the principal debtor can show proof that he is discharged thereof as +against the said sureties. +</p> + +<p> +10. If one who has borrowed from the Jews any sum, great or small, die before +that loan can be repaid, the debt shall not bear interest while the heir is +under age, of whomsoever he may hold; and if the debt fall into our hands, we +will not take anything except the principal sum contained in the bond. +</p> + +<p> +11. And if any one die indebted to the Jews, his wife shall have her dower and +pay nothing of that debt; and if any children of the deceased are left +underage, necessaries shall be provided for them in keeping with the holding of +the deceased; and out of the residue the debt shall be paid, reserving, +however, service due to feudal lords; in like manner let it be done touching +debts due to others than Jews. +</p> + +<p> +12. No scutage nor aid shall be imposed on our kingdom, unless by common +counsel of our kingdom, except for ransoming our person, for making our eldest +son a knight, and for once marrying our eldest daughter; and for these there +shall not be levied more than a reasonable aid. In like manner it shall be done +concerning aids from the city of London. +</p> + +<p> +13. And the city of London shall have all its ancient liberties and free +customs, as well by land as by water; furthermore, we decree and grant that all +other cities, boroughs, towns, and ports shall have all their liberties and +free customs. +</p> + +<p> +14. And for obtaining the common counsel of the kingdom anent the assessing of +an aid (except in the three cases aforesaid) or of a scutage, we will cause to +be summoned the archbishops, bishops, abbots, earls, and greater barons, +severally by our letters; and we will moreover cause to be summoned generally, +through our sheriffs and bailiffs, all others who hold of us in chief, for a +fixed date, namely, after the expiry of at least forty days, and at a fixed +place; and in all letters of such summons we will specify the reason of the +summons. And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, although +not all who were summoned have come. +</p> + +<p> +15. We will not for the future grant to any one license to take an aid from his +own free tenants, except to ransom his body, to make his eldest son a knight, +and once to marry his eldest daughter; and on each of these occasions there +shall be levied only a reasonable aid. +</p> + +<p> +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. +</p> + +<p> +17. Common pleas shall not follow our court, but shall be held in some fixed +place. +</p> + +<p> +18. Inquests of novel disseisin, of mort d’ancester, and of darrein +presentment, shall not be held elsewhere than in their own county courts and +that in manner following,—We, or, if we should be out of the realm, our +chief justiciar, will send two justiciars through every county four times a +year, who shall, along with four knights of the county chosen by the county, +hold the said assize in the county court, on the day and in the place of +meeting of that court. +</p> + +<p> +19. And if any of the said assizes cannot be taken on the day of the county +court, let there remain of the knights and freeholders, who were present at the +county court on that day, as many as may be required for the efficient making +of judgments, according as the business be more or less. +</p> + +<p> +20. A freeman shall not be amerced for a slight offense, except in accordance +with the degree of the offense; and for a grave offense he shall be amerced in +accordance with the gravity of the offense, yet saving always his +“contentment;” and a merchant in the same way, saving his +“merchandise;” and a villein shall be amerced in the same way, +saving his “wainage”—if they have fallen into our mercy: and +none of the aforesaid amercements shall be impsed except by the oath of honest +men of the neighborhood. +</p> + +<p> +21. Earls and barons shall not be amerced except through their peers, and only +in accordance with the degree of the offense. +</p> + +<p> +22. A clerk shall not be amerced in respect of his lay holding except after the +manner of the others aforesaid; further, he shall not be amerced in accordance +with the extent of his ecclesiastical benefice. +</p> + +<p> +23. No village or individual shall be compelled to make bridges at river-banks, +except those who from of old were legally bound to do so. +</p> + +<p> +24. No sheriff, constable, coroners, or others of our bailiffs, shall hold +pleas of our Crown. +</p> + +<p> +25. All counties, hundreds, wapentakes, and trithings (except our demesne +manors) shall remain at old rents, and without any additional payment.***here +may be an error +</p> + +<p> +26. If any one holding of us a lay fief shall die, and our sheriff or bailiff +shall exhibit our letters patent of summons for a debt which the deceased owed +to us, it shall be lawful for our sheriff or bailiff to attach and catalogue +chattels of the deceased, found upon the lay fief, to the value of that debt, +at the sight of law-worthy men, provided always that nothing whatever be then +be removed until the debt which is evident shall be fully paid to us; and the +residue shall be left to the executors to fulfil the will of the deceased; and +if there be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. +</p> + +<p> +27. If any freeman shall die intestate, his chattels shall be distributed by +the hands of his nearest kinsfolk and friends, under supervision of the church, +saving to every one the debts which the deceased owed to him. +</p> + +<p> +28. No constable or other bailiff of ours shall take corn or other provisions +from any one without immediately tendering money therefor, unless he can have +postponement thereof by permission of the seller. +</p> + +<p> +29. No constable shall compel any knight to give money in lieu of castle-guard, +when he is willing to perform it in his own person, or (if he cannot do it from +any reasonable cause) then by another responsible man. Further, if we have led +or sent him upon military service, he shall be relieved from guard in +proportion to the time during which he has been on service because of us. +</p> + +<p> +30. No sheriff or bailiff of ours, or other person, shall take the horses or +carts of any freeman for transport duty, against the will of the said freeman. +</p> + +<p> +31. Neither we nor our bailiffs shall take, for our castles or for any other +work of ours, wood which is not ours, against the will of the owner of that +wood. +</p> + +<p> +32. We will not retain beyond one year and one day, the lands of those who have +been convicted of felony, and the lands shall thereafter be handed over to the +lords of the fiefs. +</p> + +<p> +33. All kiddles for the future shall be removed altogether from Thames and +Medway, and throughout all England, except upon the seashore. +</p> + +<p> +34. The writ which is called praecipe shall not for the future be issued to any +one, regarding any tenement whereby a freeman may lose his court. +</p> + +<p> +35. Let there be one measure of wine throughout our whole realm; and one +measure of ale; and one measure of corn, to wit, “the London +quarter;” and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvages; of weights also +let it be as of measures. +</p> + +<p> +36. Nothing in future shall be given or taken for a writ of inquisition of life +or limbs, but freely it shall be granted, and never denied. +</p> + +<p> +37. If any one holds of us by fee-farm, by socage, or by burgage, and holds +also land of another lord by knight’s service, we will not (by reason of +that fee-farm, socage, or burgage) have the wardship of the heir, or of such +land of his as is of the fief of that other; nor shall we have wardship of that +fee-farm, socage, or burgage, unless such fee-farm owes knight’s service. +We will not by reason of any small serjeanty which any one may hold of us by +the service of rendering to us knives, arrows, or the like, have wardship of +his heir of the land which he holds of another lord by knight’s service. +</p> + +<p> +38. No bailiff for the future shall, upon his own unsupported complaint, put +any one to his “law,” without credible witnesses brought for this +purpose. +</p> + +<p> +39. No freeman shall be taken or imprisoned or disseised or exiled or in anyway +destroyed, nor will we go upon him nor send upon him, except by the lawful +judgment of his peers or by the law of the land. +</p> + +<p> +40. To no one will we sell, to no one will we refuse or delay, right or +justice. +</p> + +<p> +41. All merchants shall have safe and secure exit from England, and entry to +England, with the right to tarry there and to move about as well by land as by +water, for buying and selling by the ancient and right customs, quit from all +evil tolls, except (in time of war) such merchants as are of the land at war +with us. And if such are found in our land at the beginning of the war, they +shall be detained, without injury to their bodies or goods, until information +be received by us, or by our chief justiciar, how the merchants of our land +found in the land at war with us are treated; and if our men are safe there, +the others shall be safe in our land. +</p> + +<p> +42. It shall be lawful in future for any one (excepting always those imprisoned +or outlawed in accordance with the law of the kingdom, and natives of any +country at war with us, and merchants, who shall be treated as is above +provided) to leave our kingdom and to return, safe and secure by land and +water, except for a short period in time of war, on grounds of public +policy—reserving always the allegiance due to us. +</p> + +<p> +43. If any one holding of some escheat (such as the honor of Wallingford, +Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands +and are baronies) shall die, his heir shall give no other relief, and perform +no other service to us than he would have done to the baron, if that barony had +been in the baron’s hand; and we shall hold it in the same manner in +which the baron held it. +</p> + +<p> +44. Men who dwell without the forest need not henceforth come before our +justiciars of the forest upon a general summons, except those who are +impleaded, or who have become sureties for any person or persons attached for +forest offenses. +</p> + +<p> +45. We will appoint as justices, constables, sheriffs, or bailiffs only such as +know the law of the realm and mean to observe it well. +</p> + +<p> +46. All barons who have founded abbeys, concerning which they hold charters +from the kings of England, or of which they have long-continued possession, +shall have the wardship of them, when vacant, as they ought to have. +</p> + +<p> +47. All forests that have been made such in our time shall forthwith be +disafforested; and a similar course shall be followed with regard to +river-banks that have been placed “in defense” by us in our time. +</p> + +<p> +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river-banks and their wardens, shall +immediately be inquired into in each county by twelve sworn knights of the same +county chosen by the honest men of the same county, and shall, within forty +days of the said inquest, be utterly abolished, so as never to be restored, +provided always that we previously have intimation thereof, or our justiciar, +if we should not be in England. +</p> + +<p> +49. We will immediately restore all hostages and charters delivered to us by +Englishmen, as sureties of the peace or of faithful service. +</p> + +<p> +50. We will entirely remove from their bailiwicks, the relations of Gerard +Athee (so that in future they shall have no bailiwick in England); namely, +Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, +Geofrrey of Martigny with his brothers, Philip Mark with his brothers and his +nephew Geoffrey, and the whole brood of the same. +</p> + +<p> +51. As soon as peace is restored, we will banish from the kingdom all +foreign-born knights, cross-bowmen, serjeants, and mercenary soldiers, who have +come with horses and arms to the kingdom’s hurt. +</p> + +<p> +52. If any one has been dispossessed or removed by us, without the legal +judgment of his peers, from his lands, castles, franchises, or from his right, +we will immediately restore them to him; and if a dispute arise over this, then +let it be decided by the five-and-twenty barons of whom mention is made below +in the clause for securing the peace. Moreover, for all those possessions, from +which any one has, without the lawful judgment of his peers, be endisseised or +removed, by our father, King Henry, or by our brother, King Richard, and which +we retain in our hand (or which are possessed by others, to whom we are bound +to warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised, or an inquest made +by our order, before our taking of the cross; but as soon as were turn from our +expedition (or if perchance we desist from the expedition) we will immediately +grant full justice therein. +</p> + +<p> +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those forests +which Henry our father and Richard our brother afforested, and concerning +wardship of lands which are of the fief of another (namely, such wardships as +we have hitherto had by reason of a fief which any one held of us by +knight’s service), and concerning abbeys founded on other fiefs than our +own, in which the lord of the fief claims to have right; and when we have +returned, or if we desist from our expedition, we will immediately grant full +justice to all who complain of such things. +</p> + +<p> +54. No one shall be arrested or imprisoned upon the appeal of a woman, for the +death of any other than her husband. +</p> + +<p> +55. All fines made with us unjustly and against the law of the land, and all +amercements imposed unjustly and against the law of the land, shall be entirely +remitted, or else it shall be done concerning them according to the decision of +the five-and-twenty barons of whom mention is made below in the clause for +securing the peace, or according to the judgment of the majority of the same, +along with the aforesaid Stephen, archbishop of Canterbury, if he can be +present, and such others as he may wish to bring with him for this purpose, and +if he cannot be present the business shall nevertheless proceed without him, +provided always that if any one or more of the aforesaid five-and-twenty barons +are in a similar suit, they shall be removed as far as concerns this particular +judgment, others being substituted in their places after having been selected +by the rest of the same five-and-twenty for this purpose only, and after having +been sworn. +</p> + +<p> +56. If we have disseised or removed Welshmen from lands or liberties, or other +things, without the legal judgment of their peers in England or in Wales, they +shall be immediately restored to them; and if a dispute arise over this, then +let it be decided in the marches by the judgment of their peers; for tenements +in England according to the law of England, for tenements in Wales according to +the law of Wales, and for tenements in the marches according to the law of the +marches. Welshmen shall do the same to us and ours. +</p> + +<p> +57. Further, for all those possessions from which any Welshman has, without the +lawful judgment of his peers, been disseised or removed by King Henry our +father or King Richard our brother, and which we retain in our hand (or which +are possessed by others, to whom we are bound to warrant them) we shall have +respite until the usual term of crusaders; excepting those things about which a +plea has been raised or an inquest made by our order before we took the cross; +but as soon as we return (or if perchance we desist from our expedition), we +will immediately grant full justice in accordance with the laws of the Welsh +and in relation to the foresaid regions. +</p> + +<p> +58. We will immediately give up the son of Llywelyn and all the hostages of +Wales, and the charters delivered to us as security for the peace. +</p> + +<p> +59. We will do toward Alexander, King of Scots, concerning the return of his +sisters and his hostages, and concerning his franchises, and his right, in the +same manner as we shall do toward our other barons of England, unless it ought +to be otherwise according to the charters which we hold from William his +father, formerly King of Scots; and this shall be according to the judgment of +his peers in our court. +</p> + +<p> +60. Moreover, all these aforesaid customs and liberties, the observance of +which we have granted in our kingdom as far as pertains to us toward our men, +shall be observed by all of our kingdom, as well clergy as laymen, as far as +pertains to them toward their men. +</p> + +<p> +61. Since, moreover, for God and the amendment of our kingdom and for the +better allaying of the quarrel that has arisen between us and our barons, we +have granted all these concessions, desirous that they should enjoy them in +complete and firm endurance for ever, we give and grant to them the +underwritten security, namely, that the barons choose five-and-twenty barons of +the kingdom, whomsoever they will, who shall be bound with all their might, to +observe and hold, and cause to be observed, the peace and liberties we have +granted and confirmed to them by this our present Charter, so that if we, or +our justiciar, or our bailiffs or any one of our officers, shall in anything be +at fault toward any one, or shall have broken any one of the articles of the +peace or of this security, and the offense be notified to four barons of the +foresaid five-and-twenty, the said four barons shall repair to us (or our +justiciar, if we are out of the realm) and, laying the transgression before us, +petition to have that transgression redressed without delay. And if we shall +not have corrected the transgression (or, in the event of our being out of the +realm, if our justiciar shall not have corrected it) within forty days, +reckoning from the time it has been intimated to us (or to our justiciar, if we +should be out of the realm), the four barons aforesaid shall refer that matter +to the rest of the five-and-twenty barons, and those five-and-twenty barons +shall, together with the community of the whole land, distrain and distress us +in all possible ways, namely, by seizing our castles, lands, possessions, and +in any other way they can, until redress has been obtained as they deem fit, +saving harmless our own person, and the persons of our queen and children; and +when redress has been obtained, they shall resume their old relations toward +us. And let whoever in the country desires it, swear to obey the orders of the +said five-and-twenty barons for the execution of all the aforesaid matters, and +along with them, to molest us to the utmost of his power; and we publicly and +freely grant leave to every one who wishes to swear, and we shall never forbid +any one to swear. All those, moreover, in the land who of themselves and of +their own accord are unwilling to swear to the twenty-five to help them in +constraining and molesting us, we shall by our command compel the same to swear +to the effect aforesaid. And if any one of the five-and-twenty barons shall +have died or departed from the land, or be incapacitated in any other manner +which would prevent the foresaid provisions being carried out, those of the +said twenty-five barons who are left shall choose another in his place +according to their own judgment, and he shall be sworn in the same way as the +others. Further, in all matters, the execution of which is intrusted to these +twenty-five barons, if perchance these twenty-five are present, that which the +majority of those present ordain or command shall be held as fixed and +established, exactly as if the whole twenty-five had concurred in this; and the +said twenty-five shall swear that they will faithfully observe all that is +aforesaid, and cause it to be observed with all their might. And we shall +procure nothing from any one, directly or indirectly, whereby any part of these +concessions and liberties might be revoked or diminished; and if any such thing +has been procured, let it be void and null, and we shall never use it +personally or by another. +</p> + +<p> +62. And all the ill-will, hatreds, and bitterness that have arisen between us +and our men, clergy and lay, from the date of the quarrel, we have completely +remitted and pardoned every one. Moreover, all trespasses occasioned by the +said quarrel, from Easter in the sixteenth year of our reign till the +restoration of peace, we have fully remitted to all, both clergy and laymen, +and completely forgiven, as far as pertains to us. And, on this head, we have +caused to be made for them letters testimonial patent of the lord Stephen, +archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the +bishops aforesaid, and of Master Pandulf as touching this security and the +concessions aforesaid. +</p> + +<p> +63. 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. +</p> + +</div><!--end chapter--> + +<div class="chapter"> + +<h2><a name="chap03"></a>The text of THE MAGNA CARTA</h2> + +<p> +The Magna Carta (The Great Charter): +</p> + +<p> +Preamble: +</p> + +<p> +John, by the grace of God, king of England, lord of Ireland, duke of Normandy +and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, +barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his +bailiffs and liege subjects, greetings. Know that, having regard to God and for +the salvation of our soul, and those of all our ancestors and heirs, and unto +the honor of God and the advancement of his holy Church and for the rectifying +of our realm, we have granted as underwritten by advice 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, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of +Worcester, William of Coventry, Benedict of Rochester, bishops; of Master +Pandulf, subdeacon and member of the household of our lord the Pope, of brother +Aymeric (master of the Knights of the Temple in England), and of the +illustrious men William Marshal, earl of Pembroke, William, earl of Salisbury, +William, earl of Warenne, William, earl of Arundel, Alan of Galloway (constable +of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal +of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, +Philip d’Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and +others, our liegemen. +</p> + +<p> +1. In the first place we have granted to God, and by this our present charter +confirmed for us and our heirs forever that the English Church shall be free, +and shall have her rights entire, and her liberties inviolate; and we will that +it be thus observed; which is apparent from this that the freedom of elections, +which is reckoned most important and very essential to the English Church, we, +of our pure and unconstrained will, did grant, and did by our charter confirm +and did obtain the ratification of the same from our lord, Pope Innocent III, +before the quarrel arose between us and our barons: and this we will observe, +and our will is that it be observed in good faith by our heirs forever. We have +also granted to all freemen of our kingdom, for us and our heirs forever, all +the underwritten liberties, to be had and held by them and their heirs, of us +and our heirs forever. +</p> + +<p> +2. If any of our earls or barons, or others holding of us in chief by military +service shall have died, and at the time of his death his heir shall be full of +age and owe “relief”, he shall have his inheritance by the old +relief, to wit, the heir or heirs of an earl, for the whole baroncy of an earl +by L100; the heir or heirs of a baron, L100 for a whole barony; the heir or +heirs of a knight, 100s, at most, and whoever owes less let him give less, +according to the ancient custom of fees. +</p> + +<p> +3. If, however, the heir of any one of the aforesaid has been under age and in +wardship, let him have his inheritance without relief and without fine when he +comes of age. +</p> + +<p> +4. The guardian of the land of an heir who is thus under age, shall take from +the land of the heir nothing but reasonable produce, reasonable customs, and +reasonable services, and that without destruction or waste of men or goods; and +if we have committed the wardship of the lands of any such minor to the +sheriff, or to any other who is responsible to us for its issues, and he has +made destruction or waster of what he holds in wardship, we will take of him +amends, and the land shall be committed to two lawful and discreet men of that +fee, who shall be responsible for the issues to us or to him to whom we shall +assign them; and if we have given or sold the wardship of any such land to +anyone and he has therein made destruction or waste, he shall lose that +wardship, and it shall be transferred to two lawful and discreet men of that +fief, who shall be responsible to us in like manner as aforesaid. +</p> + +<p> +5. The guardian, moreover, so long as he has the wardship of the land, shall +keep up the houses, parks, fishponds, stanks, mills, and other things +pertaining to the land, out of the issues of the same land; and he shall +restore to the heir, when he has come to full age, all his land, stocked with +ploughs and wainage, according as the season of husbandry shall require, and +the issues of the land can reasonable bear. +</p> + +<p> +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have notice. +</p> + +<p> +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she give +anything for her dower, or for her marriage portion, or for the inheritance +which her husband and she held on the day of the death of that husband; and she +may remain in the house of her husband for forty days after his death, within +which time her dower shall be assigned to her. +</p> + +<p> +8. No widow shall be compelled to marry, so long as she prefers to live without +a husband; provided always that she gives security not to marry without our +consent, if she holds of us, or without the consent of the lord of whom she +holds, if she holds of another. +</p> + +<p> +9. Neither we nor our bailiffs will seize any land or rent for any debt, as +long as the chattels of the debtor are sufficient to repay the debt; nor shall +the sureties of the debtor be distrained so long as the principal debtor is +able to satisfy the debt; and if the principal debtor shall fail to pay the +debt, having nothing wherewith to pay it, then the sureties shall answer for +the debt; and let them have the lands and rents of the debtor, if they desire +them, until they are indemnified for the debt which they have paid for him, +unless the principal debtor can show proof that he is discharged thereof as +against the said sureties. +</p> + +<p> +10. If one who has borrowed from the Jews any sum, great or small, die before +that loan be repaid, the debt shall not bear interest while the heir is under +age, of whomsoever he may hold; and if the debt fall into our hands, we will +not take anything except the principal sum contained in the bond. +</p> + +<p> +11. And if anyone die indebted to the Jews, his wife shall have her dower and +pay nothing of that debt; and if any children of the deceased are left under +age, necessaries shall be provided for them in keeping with the holding of the +deceased; and out of the residue the debt shall be paid, reserving, however, +service due to feudal lords; in like manner let it be done touching debts due +to others than Jews. +</p> + +<p> +12. No scutage not aid shall be imposed on our kingdom, unless by common +counsel of our kingdom, except for ransoming our person, for making our eldest +son a knight, and for once marrying our eldest daughter; and for these there +shall not be levied more than a reasonable aid. In like manner it shall be done +concerning aids from the city of London. +</p> + +<p> +13. And the city of London shall have all it ancient liberties and free +customs, as well by land as by water; furthermore, we decree and grant that all +other cities, boroughs, towns, and ports shall have all their liberties and +free customs. +</p> + +<p> +14. And for obtaining the common counsel of the kingdom anent the assessing of +an aid (except in the three cases aforesaid) or of a scutage, we will cause to +be summoned the archbishops, bishops, abbots, earls, and greater barons, +severally by our letters; and we will moveover cause to be summoned generally, +through our sheriffs and bailiffs, and others who hold of us in chief, for a +fixed date, namely, after the expiry of at least forty days, and at a fixed +place; and in all letters of such summons we will specify the reason of the +summons. And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, although +not all who were summoned have come. +</p> + +<p> +15. We will not for the future grant to anyone license to take an aid from his +own free tenants, except to ransom his person, to make his eldest son a knight, +and once to marry his eldest daughter; and on each of these occasions there +shall be levied only a reasonable aid. +</p> + +<p> +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. +</p> + +<p> +17. Common pleas shall not follow our court, but shall be held in some fixed +place. +</p> + +<p> +18. Inquests of novel disseisin, of mort d’ancestor, and of darrein +presentment shall not be held elsewhere than in their own county courts, and +that in manner following; We, or, if we should be out of the realm, our chief +justiciar, will send two justiciaries through every county four times a year, +who shall alone with four knights of the county chosen by the county, hold the +said assizes in the county court, on the day and in the place of meeting of +that court. +</p> + +<p> +19. And if any of the said assizes cannot be taken on the day of the county +court, let there remain of the knights and freeholders, who were present at the +county court on that day, as many as may be required for the efficient making +of judgments, according as the business be more or less. +</p> + +<p> +20. A freeman shall not be amerced for a slight offense, except in accordance +with the degree of the offense; and for a grave offense he shall be amerced in +accordance with the gravity of the offense, yet saving always his +“contentment”; and a merchant in the same way, saving his +“merchandise”; and a villein shall be amerced in the same way, +saving his “wainage” if they have fallen into our mercy: and none +of the aforesaid amercements shall be imposed except by the oath of honest men +of the neighborhood. +</p> + +<p> +21. Earls and barons shall not be amerced except through their peers, and only +in accordance with the degree of the offense. +</p> + +<p> +22. A clerk shall not be amerced in respect of his lay holding except after the +manner of the others aforesaid; further, he shall not be amerced in accordance +with the extent of his ecclesiastical benefice. +</p> + +<p> +23. No village or individual shall be compelled to make bridges at river banks, +except those who from of old were legally bound to do so. +</p> + +<p> +24. No sheriff, constable, coroners, or others of our bailiffs, shall hold +pleas of our Crown. +</p> + +<p> +25. All counties, hundred, wapentakes, and trithings (except our demesne +manors) shall remain at the old rents, and without any additional payment. +</p> + +<p> +26. If anyone holding of us a lay fief shall die, and our sheriff or bailiff +shall exhibit our letters patent of summons for a debt which the deceased owed +us, it shall be lawful for our sheriff or bailiff to attach and enroll the +chattels of the deceased, found upon the lay fief, to the value of that debt, +at the sight of law worthy men, provided always that nothing whatever be thence +removed until the debt which is evident shall be fully paid to us; and the +residue shall be left to the executors to fulfill the will of the deceased; and +if there be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. +</p> + +<p> +27. If any freeman shall die intestate, his chattels shall be distributed by +the hands of his nearest kinsfolk and friends, under supervision of the Church, +saving to every one the debts which the deceased owed to him. +</p> + +<p> +28. No constable or other bailiff of ours shall take corn or other provisions +from anyone without immediately tendering money therefor, unless he can have +postponement thereof by permission of the seller. +</p> + +<p> +29. No constable shall compel any knight to give money in lieu of castle-guard, +when he is willing to perform it in his own person, or (if he himself cannot do +it from any reasonable cause) then by another responsible man. Further, if we +have led or sent him upon military service, he shall be relieved from guard in +proportion to the time during which he has been on service because of us. +</p> + +<p> +30. No sheriff or bailiff of ours, or other person, shall take the horses or +carts of any freeman for transport duty, against the will of the said freeman. +</p> + +<p> +31. Neither we nor our bailiffs shall take, for our castles or for any other +work of ours, wood which is not ours, against the will of the owner of that +wood. +</p> + +<p> +32. We will not retain beyond one year and one day, the lands those who have +been convicted of felony, and the lands shall thereafter be handed over to the +lords of the fiefs. +</p> + +<p> +33. All kydells for the future shall be removed altogether from Thames and +Medway, and throughout all England, except upon the seashore. +</p> + +<p> +34. The writ which is called praecipe shall not for the future be issued to +anyone, regarding any tenement whereby a freeman may lose his court. +</p> + +<p> +35. Let there be one measure of wine throughout our whole realm; and one +measure of ale; and one measure of corn, to wit, “the London +quarter”; and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvedges; of weights +also let it be as of measures. +</p> + +<p> +36. Nothing in future shall be given or taken for a writ of inquisition of life +or limbs, but freely it shall be granted, and never denied. +</p> + +<p> +37. If anyone holds of us by fee-farm, either by socage or by burage, or of any +other land by knight’s service, we will not (by reason of that fee-farm, +socage, or burgage), have the wardship of the heir, or of such land of his as +if of the fief of that other; nor shall we have wardship of that fee-farm, +socage, or burgage, unless such fee-farm owes knight’s service. We will +not by reason of any small serjeancy which anyone may hold of us by the service +of rendering to us knives, arrows, or the like, have wardship of his heir or of +the land which he holds of another lord by knight’s service. +</p> + +<p> +38. No bailiff for the future shall, upon his own unsupported complaint, put +anyone to his “law”, without credible witnesses brought for this +purposes. +</p> + +<p> +39. No freemen shall be taken or imprisoned or disseised or exiled or in any +way destroyed, nor will we go upon him nor send upon him, except by the lawful +judgment of his peers or by the law of the land. +</p> + +<p> +40. To no one will we sell, to no one will we refuse or delay, right or +justice. +</p> + +<p> +41. All merchants shall have safe and secure exit from England, and entry to +England, with the right to tarry there and to move about as well by land as by +water, for buying and selling by the ancient and right customs, quit from all +evil tolls, except (in time of war) such merchants as are of the land at war +with us. And if such are found in our land at the beginning of the war, they +shall be detained, without injury to their bodies or goods, until information +be received by us, or by our chief justiciar, how the merchants of our land +found in the land at war with us are treated; and if our men are safe there, +the others shall be safe in our land. +</p> + +<p> +42. It shall be lawful in future for anyone (excepting always those imprisoned +or outlawed in accordance with the law of the kingdom, and natives of any +country at war with us, and merchants, who shall be treated as if above +provided) to leave our kingdom and to return, safe and secure by land and +water, except for a short period in time of war, on grounds of public policy- +reserving always the allegiance due to us. +</p> + +<p> +43. If anyone holding of some escheat (such as the honor of Wallingford, +Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands +and are baronies) shall die, his heir shall give no other relief, and perform +no other service to us than he would have done to the baron if that barony had +been in the baron’s hand; and we shall hold it in the same manner in +which the baron held it. +</p> + +<p> +44. Men who dwell without the forest need not henceforth come before our +justiciaries of the forest upon a general summons, unless they are in plea, or +sureties of one or more, who are attached for the forest. +</p> + +<p> +45. We will appoint as justices, constables, sheriffs, or bailiffs only such as +know the law of the realm and mean to observe it well. +</p> + +<p> +46. All barons who have founded abbeys, concerning which they hold charters +from the kings of England, or of which they have long continued possession, +shall have the wardship of them, when vacant, as they ought to have. +</p> + +<p> +47. All forests that have been made such in our time shall forthwith be +disafforsted; and a similar course shall be followed with regard to river banks +that have been placed “in defense” by us in our time. +</p> + +<p> +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river banks and their wardens, shall +immediately by inquired into in each county by twelve sworn knights of the same +county chosen by the honest men of the same county, and shall, within forty +days of the said inquest, be utterly abolished, so as never to be restored, +provided always that we previously have intimation thereof, or our justiciar, +if we should not be in England. +</p> + +<p> +49. We will immediately restore all hostages and charters delivered to us by +Englishmen, as sureties of the peace of faithful service. +</p> + +<p> +50. We will entirely remove from their bailiwicks, the relations of Gerard of +Athee (so that in future they shall have no bailiwick in England); namely, +Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, +Geoffrey of Martigny with his brothers, Philip Mark with his brothers and his +nephew Geoffrey, and the whole brood of the same. +</p> + +<p> +51. As soon as peace is restored, we will banish from the kingdom all foreign +born knights, crossbowmen, serjeants, and mercenary soldiers who have come with +horses and arms to the kingdom’s hurt. +</p> + +<p> +52. If anyone has been dispossessed or removed by us, without the legal +judgment of his peers, from his lands, castles, franchises, or from his right, +we will immediately restore them to him; and if a dispute arise over this, then +let it be decided by the five and twenty barons of whom mention is made below +in the clause for securing the peace. Moreover, for all those possessions, from +which anyone has, without the lawful judgment of his peers, been disseised or +removed, by our father, King Henry, or by our brother, King Richard, and which +we retain in our hand (or which as possessed by others, to whom we are bound to +warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised, or an inquest made +by our order, before our taking of the cross; but as soon as we return from the +expedition, we will immediately grant full justice therein. +</p> + +<p> +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those forests +which Henry our father and Richard our brother afforested, and concerning the +wardship of lands which are of the fief of another (namely, such wardships as +we have hitherto had by reason of a fief which anyone held of us by +knight’s service), and concerning abbeys founded on other fiefs than our +own, in which the lord of the fee claims to have right; and when we have +returned, or if we desist from our expedition, we will immediately grant full +justice to all who complain of such things. +</p> + +<p> +54. No one shall be arrested or imprisoned upon the appeal of a woman, for the +death of any other than her husband. +</p> + +<p> +55. All fines made with us unjustly and against the law of the land, and all +amercements, imposed unjustly and against the law of the land, shall be +entirely remitted, or else it shall be done concerning them according to the +decision of the five and twenty barons whom mention is made below in the clause +for securing the pease, or according to the judgment of the majority of the +same, along with the aforesaid Stephen, archbishop of Canterbury, if he can be +present, and such others as he may wish to bring with him for this purpose, and +if he cannot be present the business shall nevertheless proceed without him, +provided always that if any one or more of the aforesaid five and twenty barons +are in a similar suit, they shall be removed as far as concerns this particular +judgment, others being substituted in their places after having been selected +by the rest of the same five and twenty for this purpose only, and after having +been sworn. +</p> + +<p> +56. If we have disseised or removed Welshmen from lands or liberties, or other +things, without the legal judgment of their peers in England or in Wales, they +shall be immediately restored to them; and if a dispute arise over this, then +let it be decided in the marches by the judgment of their peers; for the +tenements in England according to the law of England, for tenements in Wales +according to the law of Wales, and for tenements in the marches according to +the law of the marches. Welshmen shall do the same to us and ours. +</p> + +<p> +57. Further, for all those possessions from which any Welshman has, without the +lawful judgment of his peers, been disseised or removed by King Henry our +father, or King Richard our brother, and which we retain in our hand (or which +are possessed by others, and which we ought to warrant), we will have respite +until the usual term of crusaders; excepting those things about which a plea +has been raised or an inquest made by our order before we took the cross; but +as soon as we return (or if perchance we desist from our expedition), we will +immediately grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. +</p> + +<p> +58. We will immediately give up the son of Llywelyn and all the hostages of +Wales, and the charters delivered to us as security for the peace. +</p> + +<p> +59. We will do towards Alexander, king of Scots, concerning the return of his +sisters and his hostages, and concerning his franchises, and his right, in the +same manner as we shall do towards our other barons of England, unless it ought +to be otherwise according to the charters which we hold from William his +father, formerly king of Scots; and this shall be according to the judgment of +his peers in our court. +</p> + +<p> +60. Moreover, all these aforesaid customs and liberties, the observances of +which we have granted in our kingdom as far as pertains to us towards our men, +shall be observed b all of our kingdom, as well clergy as laymen, as far as +pertains to them towards their men. +</p> + +<p> +61. Since, moveover, for God and the amendment of our kingdom and for the +better allaying of the quarrel that has arisen between us and our barons, we +have granted all these concessions, desirous that they should enjoy them in +complete and firm endurance forever, we give and grant to them the underwritten +security, namely, that the barons choose five and twenty barons of the kingdom, +whomsoever they will, who shall be bound with all their might, to observe and +hold, and cause to be observed, the peace and liberties we have granted and +confirmed to them by this our present Charter, so that if we, or our justiciar, +or our bailiffs or any one of our officers, shall in anything be at fault +towards anyone, or shall have broken any one of the articles of this peace or +of this security, and the offense be notified to four barons of the foresaid +five and twenty, the said four barons shall repair to us (or our justiciar, if +we are out of the realm) and, laying the transgression before us, petition to +have that transgression redressed without delay. And if we shall not have +corrected the transgression (or, in the event of our being out of the realm, if +our justiciar shall not have corrected it) within forty days, reckoning from +the time it has been intimated to us (or to our justiciar, if we should be out +of the realm), the four barons aforesaid shall refer that matter to the rest of +the five and twenty barons, and those five and twenty barons shall, together +with the community of the whole realm, distrain and distress us in all possible +ways, namely, by seizing our castles, lands, possessions, and in any other way +they can, until redress has been obtained as they deem fit, saving harmless our +own person, and the persons of our queen and children; and when redress has +been obtained, they shall resume their old relations towards us. And let +whoever in the country desires it, swear to obey the orders of the said five +and twenty barons for the execution of all the aforesaid matters, and along +with them, to molest us to the utmost of his power; and we publicly and freely +grant leave to everyone who wishes to swear, and we shall never forbid anyone +to swear. +</p> + +<p> +All those, moveover, in the land who of themselves and of their own accord are +unwilling to swear to the twenty five to help them in constraining and +molesting us, we shall by our command compel the same to swear to the effect +foresaid. And if any one of the five and twenty barons shall have died or +departed from the land, or be incapacitated in any other manner which would +prevent the foresaid provisions being carried out, those of the said twenty +five barons who are left shall choose another in his place according to their +own judgment, and he shall be sworn in the same way as the others. Further, in +all matters, the execution of which is entrusted to these twenty five barons, +if perchance these twenty five are present and disagree about anything, or if +some of them, after being summoned, are unwilling or unable to be present, that +which the majority of those present ordain or command shall be held as fixed +and established, exactly as if the whole twenty five had concurred in this; and +the said twenty five shall swear that they will faithfully observe all that is +aforesaid, and cause it to be observed with all their might. And we shall +procure nothing from anyone, directly or indirectly, whereby any part of these +concessions and liberties might be revoked or diminished; and if any such +things has been procured, let it be void and null, and we shall never use it +personally or by another. +</p> + +<p> +62. And all the will, hatreds, and bitterness that have arisen between us and +our men, clergy and lay, from the date of the quarrel, we have completely +remitted and pardoned to everyone. Moreover, all trespasses occasioned by the +said quarrel, from Easter in the sixteenth year of our reign till the +restoration of peace, we have fully remitted to all, both clergy and laymen, +and completely forgiven, as far as pertains to us. And on this head, we have +caused to be made for them letters testimonial patent of the lord Stephen, +archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the +bishops aforesaid, and of Master Pandulf as touching this security and the +concessions aforesaid. +</p> + +<p> +63. Wherefore we will and firmly order 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 forever, 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. +</p> + +</div><!--end chapter--> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 10000 ***</div> +</body> + +</html> + + diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..805245d --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #10000 (https://www.gutenberg.org/ebooks/10000) diff --git a/old/10000-0.txt b/old/10000-0.txt new file mode 100644 index 0000000..c18d2d5 --- /dev/null +++ b/old/10000-0.txt @@ -0,0 +1,1867 @@ +The Project Gutenberg eBook of The Magna Carta + +This eBook is for the use of anyone anywhere in the United States and +most other parts of the world at no cost and with almost no restrictions +whatsoever. You may copy it, give it away or re-use it under the terms +of the Project Gutenberg License included with this eBook or online at +www.gutenberg.org. If you are not located in the United States, you +will have to check the laws of the country where you are located before +using this eBook. + +Title: The Magna Carta + +Author: Anonymous + +Release Date: October 15, 2003 [eBook #10000] +[Most recently updated: December 20, 2021] + +Language: English + +Character set encoding: UTF-8 + +Produced by: Michael Hart + +*** START OF THE PROJECT GUTENBERG EBOOK THE MAGNA CARTA *** + + + + +The Magna Carta + + +Contents + + The Text of Magna Carta + Magna Carta 1215 + The text of THE MAGNA CARTA + + + + +A note from Michael Hart, preparer of the 0.1 version. + + +This file contains a number of versions of the Magna Carta, some of +which were a little mangled in transit. I am sure our volunteers will +find and correct errors I didn’t catch, and that version 0.2 - 1.0 will +have significant improvements, as well as at least one more version in +Latin. + + +Version 1.0 may contain a dozen different versions. + + + + +The Text of Magna Carta + + +JOHN, by the grace of God King of England, Lord of Ireland, Duke of +Normandy and Aquitaine, and Count of Anjou, to his archbishops, +bishops, abbots, earls, barons, justices, foresters, sheriffs, +stewards, servants, and to all his officials and loyal subjects, +Greeting. + +KNOW THAT BEFORE GOD, for the health of our soul and those of our +ancestors and heirs, to the honour of God, the exaltation of the holy +Church, and the better ordering of our kingdom, at the advice of our +reverend fathers Stephen, archbishop of Canterbury, primate of all +England, and cardinal of the holy Roman Church, Henry archbishop of +Dublin, William bishop of London, Peter bishop of Winchester, Jocelin +bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop +of Worcester, William bishop of Coventry, Benedict bishop of Rochester, +Master Pandulf subdeacon and member of the papal household, Brother +Aymeric master of the knighthood of the Temple in England, William +Marshal earl of Pembroke, William earl of Salisbury, William earl of +Warren, William earl of Arundel, Alan de Galloway constable of +Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh +seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas +Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, +John Fitz Hugh, and other loyal subjects: + +(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter +have confirmed for us and our heirs in perpetuity, that the English +Church shall be free, and shall have its rights undiminished, and its +liberties unimpaired. That we wish this so to be observed, appears from +the fact that of our own free will, before the outbreak of the present +dispute between us and our barons, we granted and confirmed by charter +the freedom of the Church’s elections - a right reckoned to be of the +greatest necessity and importance to it - and caused this to be +confirmed by Pope Innocent III. This freedom we shall observe +ourselves, and desire to be observed in good faith by our heirs in +perpetuity. + +TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our +heirs for ever, all the liberties written out below, to have and to +keep for them and their heirs, of us and our heirs: + +(2) If any earl, baron, or other person that holds lands directly of +the Crown, for military service, shall die, and at his death his heir +shall be of full age and owe a ‘relief’, the heir shall have his +inheritance on payment of the ancient scale of ‘relief’. That is to +say, the heir or heirs of an earl shall pay 100 for the entire earl’s +barony, the heir or heirs of a knight 100s. at most for the entire +knight’s ‘fee’, and any man that owes less shall pay less, in +accordance with the ancient usage of ‘fees’ + +(3) But if the heir of such a person is under age and a ward, when he +comes of age he shall have his inheritance without ‘relief’ or fine. + +(4) The guardian of the land of an heir who is under age shall take +from it only reasonable revenues, customary dues, and feudal services. +He shall do this without destruction or damage to men or property. If +we have given the guardianship of the land to a sheriff, or to any +person answerable to us for the revenues, and he commits destruction or +damage, we will exact compensation from him, and the land shall be +entrusted to two worthy and prudent men of the same ‘fee’, who shall be +answerable to us for the revenues, or to the person to whom we have +assigned them. If we have given or sold to anyone the guardianship of +such land, and he causes destruction or damage, he shall lose the +guardianship of it, and it shall be handed over to two worthy and +prudent men of the same ‘fee’, who shall be similarly answerable to us. + +(5) For so long as a guardian has guardianship of such land, he shall +maintain the houses, parks, fish preserves, ponds, mills, and +everything else pertaining to it, from the revenues of the land itself. +When the heir comes of age, he shall restore the whole land to him, +stocked with plough teams and such implements of husbandry as the +season demands and the revenues from the land can reasonably bear. + +(6) Heirs may be given in marriage, but not to someone of lower social +standing. Before a marriage takes place, it shall be’ made known to the +heir’s next-of-kin. + +(7) At her husband’s death, a widow may have her marriage portion and +inheritance at once and without trouble. She shall pay nothing for her +dower, marriage portion, or any inheritance that she and her husband +held jointly on the day of his death. She may remain in her husband’s +house for forty days after his death, and within this period her dower +shall be assigned to her. + +(8) No widow shall be compelled to marry, so long as she wishes to +remain without a husband. But she must give security that she will not +marry without royal consent, if she holds her lands of the Crown, or +without the consent of whatever other lord she may hold them of. + +(9) Neither we nor our officials will seize any land or rent in payment +of a debt, so long as the debtor has movable goods sufficient to +discharge the debt. A debtor’s sureties shall not be distrained upon so +long as the debtor himself can discharge his debt. If, for lack of +means, the debtor is unable to discharge his debt, his sureties shall +be answerable for it. If they so desire, they may have the debtor’s +lands and rents until they have received satisfaction for the debt that +they paid for him, unless the debtor can show that he has settled his +obligations to them. + +(10) If anyone who has borrowed a sum of money from Jews dies before +the debt has been repaid, his heir shall pay no interest on the debt +for so long as he remains under age, irrespective of whom he holds his +lands. If such a debt falls into the hands of the Crown, it will take +nothing except the principal sum specified in the bond. + +(11) If a man dies owing money to Jews, his wife may have her dower and +pay nothing towards the debt from it. If he leaves children that are +under age, their needs may also be provided for on a scale appropriate +to the size of his holding of lands. The debt is to be paid out of the +residue, reserving the service due to his feudal lords. Debts owed to +persons other than Jews are to be dealt with similarly. + +(12) No ‘scutage’ or ‘aid’ may be levied in our kingdom without its +general consent, unless it is for the ransom of our person, to make our +eldest son a knight, and (once) to marry our eldest daughter. For these +purposes only a reasonable ‘aid’ may be levied. ‘Aids’ from the city of +London are to be treated similarly. + +(13) The city of London shall enjoy all its ancient liberties and free +customs, both by land and by water. We also will and grant that all +other cities, boroughs, towns, and ports shall enjoy all their +liberties and free customs. + + (14) To obtain the general consent of the realm for the assessment of + an ‘aid’ - except in the three cases specified above - or a ‘scutage’, + we will cause the archbishops, bishops, abbots, earls, and greater + barons to be summoned individually by letter. To those who hold lands + directly of us we will cause a general summons to be issued, through + the sheriffs and other officials, to come together on a fixed day (of + which at least forty days notice shall be given) and at a fixed place. + In all letters of summons, the cause of the summons will be stated. + When a summons has been issued, the business appointed for the day + shall go forward in accordance with the resolution of those present, + even if not all those who were summoned have appeared. + +(15) In future we will allow no one to levy an ‘aid’ from his free men, +except to ransom his person, to make his eldest son a knight, and +(once) to marry his eldest daughter. For these purposes only a +reasonable ‘aid’ may be levied. + +(16) No man shall be forced to perform more service for a knight’s +‘fee’, or other free holding of land, than is due from it. + +(17) Ordinary lawsuits shall not follow the royal court around, but +shall be held in a fixed place. + +(18) Inquests of novel disseisin, mort d’ancestor, and darrein +presentment shall be taken only in their proper county court. We +ourselves, or in our absence abroad our chief justice, will send two +justices to each county four times a year, and these justices, with +four knights of the county elected by the county itself, shall hold the +assizes in the county court, on the day and in the place where the +court meets. + +(19) If any assizes cannot be taken on the day of the county court, as +many knights and freeholders shall afterwards remain behind, of those +who have attended the court, as will suffice for the administration of +justice, having regard to the volume of business to be done. + +(20) For a trivial offence, a free man shall be fined only in +proportion to the degree of his offence, and for a serious offence +correspondingly, but not so heavily as to deprive him of his +livelihood. In the same way, a merchant shall be spared his +merchandise, and a husbandman the implements of his husbandry, if they +fall upon the mercy of a royal court. None of these fines shall be +imposed except by the assessment on oath of reputable men of the +neighbourhood. + +(21) Earls and barons shall be fined only by their equals, and in +proportion to the gravity of their offence. + +(22) A fine imposed upon the lay property of a clerk in holy orders +shall be assessed upon the same principles, without reference to the +value of his ecclesiastical benefice. + +(23) No town or person shall be forced to build bridges over rivers +except those with an ancient obligation to do so. + +(24) No sheriff, constable, coroners, or other royal officials are to +hold lawsuits that should be held by the royal justices. + +(25) Every county, hundred, wapentake, and tithing shall remain at its +ancient rent, without increase, except the royal demesne manors. + +(26) If at the death of a man who holds a lay ‘fee’ of the Crown, a +sheriff or royal official produces royal letters patent of summons for +a debt due to the Crown, it shall be lawful for them to seize and list +movable goods found in the lay ‘fee’ of the dead man to the value of +the debt, as assessed by worthy men. Nothing shall be removed until the +whole debt is paid, when the residue shall be given over to the +executors to carry out the dead man’s will. If no debt is due to the +Crown, all the movable goods shall be regarded as the property of the +dead man, except the reasonable shares of his wife and children. + +(27) If a free man dies intestate, his movable goods are to be +distributed by his next-of-kin and friends, under the supervision of +the Church. The rights of his debtors are to be preserved. + +(28) No constable or other royal official shall take corn or other +movable goods from any man without immediate payment, unless the seller +voluntarily offers postponement of this. + +(29) No constable may compel a knight to pay money for castle-guard if +the knight is willing to undertake the guard in person, or with +reasonable excuse to supply some other fit man to do it. A knight taken +or sent on military service shall be excused from castle-guard for the +period of this service. + +(30) No sheriff, royal official, or other person shall take horses or +carts for transport from any free man, without his consent. + +(31) Neither we nor any royal official will take wood for our castle, +or for any other purpose, without the consent of the owner. + +(32) We will not keep the lands of people convicted of felony in our +hand for longer than a year and a day, after which they shall be +returned to the lords of the ‘fees’ concerned. + +(33) All fish-weirs shall be removed from the Thames, the Medway, and +throughout the whole of England, except on the sea coast. + +(34) The writ called precipe shall not in future be issued to anyone in +respect of any holding of land, if a free man could thereby be deprived +of the right of trial in his own lord’s court. + +(35) There shall be standard measures of wine, ale, and corn (the +London quarter), throughout the kingdom. There shall also be a standard +width of dyed cloth, russett, and haberject, namely two ells within the +selvedges. Weights are to be standardised similarly. + +(36) In future nothing shall be paid or accepted for the issue of a +writ of inquisition of life or limbs. It shall be given gratis, and not +refused. + +(37) If a man holds land of the Crown by ‘fee-farm’, ‘socage’, or +‘burgage’, and also holds land of someone else for knight’s service, we +will not have guardianship of his heir, nor of the land that belongs to +the other person’s ‘fee’, by virtue of the ‘fee-farm’, ‘socage’, or +‘burgage’, unless the ‘fee-farm’ owes knight’s service. We will not +have the guardianship of a man’s heir, or of land that he holds of +someone else, by reason of any small property that he may hold of the +Crown for a service of knives, arrows, or the like. + +(38) In future no official shall place a man on trial upon his own +unsupported statement, without producing credible witnesses to the +truth of it. + +(39) No free man shall be seized or imprisoned, or stripped of his +rights or possessions, or outlawed or exiled, or deprived of his +standing in any other way, nor will we proceed with force against him, +or send others to do so, except by the lawful judgement of his equals +or by the law of the land. + +(40) To no one will we sell, to no one deny or delay right or justice. + +(41) All merchants may enter or leave England unharmed and without +fear, and may stay or travel within it, by land or water, for purposes +of trade, free from all illegal exactions, in accordance with ancient +and lawful customs. This, however, does not apply in time of war to +merchants from a country that is at war with us. Any such merchants +found in our country at the outbreak of war shall be detained without +injury to their persons or property, until we or our chief justice have +discovered how our own merchants are being treated in the country at +war with us. If our own merchants are safe they shall be safe too. + +(42) In future it shall be lawful for any man to leave and return to +our kingdom unharmed and without fear, by land or water, preserving his +allegiance to us, except in time of war, for some short period, for the +common benefit of the realm. People that have been imprisoned or +outlawed in accordance with the law of the land, people from a country +that is at war with us, and merchants - who shall be dealt with as +stated above - are excepted from this provision. + +(43) If a man holds lands of any ‘escheat’ such as the ‘honour’ of +Wallingford, Nottingham, Boulogne, Lancaster, or of other ‘escheats’ in +our hand that are baronies, at his death his heir shall give us only +the ‘relief’ and service that he would have made to the baron, had the +barony been in the baron’s hand. We will hold the ‘escheat’ in the same +manner as the baron held it. + +(44) People who live outside the forest need not in future appear +before the royal justices of the forest in answer to general summonses, +unless they are actually involved in proceedings or are sureties for +someone who has been seized for a forest offence. + +(45) We will appoint as justices, constables, sheriffs, or other +officials, only men that know the law of the realm and are minded to +keep it well. + +(46) All barons who have founded abbeys, and have charters of English +kings or ancient tenure as evidence of this, may have guardianship of +them when there is no abbot, as is their due. + +(47) All forests that have been created in our reign shall at once be +disafforested. River-banks that have been enclosed in our reign shall +be treated similarly. + +(48) All evil customs relating to forests and warrens, foresters, +warreners, sheriffs and their servants, or river-banks and their +wardens, are at once to be investigated in every county by twelve sworn +knights of the county, and within forty days of their enquiry the evil +customs are to be abolished completely and irrevocably. But we, or our +chief justice if we are not in England, are first to be informed. + +(49) We will at once return all hostages and charters delivered up to +us by Englishmen as security for peace or for loyal service. ***here +were some strange characters, not completely removed + +(50) We will remove completely from their offices the kinsmen of Gerard +de Ath, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in +future they shall hold no offices in England. The people in question +are Engelard de Cigogn, Geoffrey de Martigny and his brothers, Philip +Marc and his brothers, with Geoffrey his nephew, and all their +followers. + +* As soon as peace is restored, we will remove from the kingdom all the +foreign knights, bowmen, their attendants, and the mercenaries that +have come to it, to its harm, with horses and arms. + +* To any man whom we have deprived or dispossessed of lands, castles, +liberties, or rights, without the lawful judgement of his equals, we +will at once restore these. In cases of dispute the matter shall be +resolved by the judgement of the twenty-five barons referred to below +in the clause for securing the peace. In cases, however, where a man +was deprived or dispossessed of something without the lawful judgement +of his equals by our father King Henry or our brother King Richard, and +it remains in our hands or is held by others under our warranty, we +shall have respite for the period commonly allowed to Crusaders, unless +a lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. On our return from the Crusade, +or if we abandon it, we will at once render justice in full. + +* We shall have similar respite in rendering justice in connexion with +forests that are to be disafforested, or to remain forests, when these +were first aforested by our father Henry or our brother Richard; with +the guardianship of lands in another persons fee, when we have hitherto +had this by virtue of a fee held of us for knights service by a third +party; and with abbeys founded in another persons fee, in which the +lord of the fee claims to own a right. On our return from the Crusade, +or if we abandon it, we will at once do full justice to complaints +about these matters. + +* No one shall be arrested or imprisoned on the appeal of a woman for +the death of any person except her husband. + +* All fines that have been given to us unjustly and against the law of +the land, and all fines that we have exacted unjustly, shall be +entirely remitted or the matter decided by a majority judgement of the +twenty-five barons referred to below in the clause for securing the +peace together with Stephen, archbishop of Canterbury, if he can be +present, and such others as he wishes to bring with him. If the +archbishop cannot be present, proceedings shall continue without him, +provided that if any of the twenty-five barons has been involved in a +similar suit himself, his judgement shall be set aside, and someone +else chosen and sworn in his place, as a substitute for the single +occasion, by the rest of the twenty-five. + +* If we have deprived or dispossessed any Welshmen of lands, liberties, +or anything else in England or in Wales, without the lawful judgement +of their equals, these are at once to be returned to them. A dispute on +this point shall be determined in the Marches by the judgement of +equals. English law shall apply to holdings of land in England, Welsh +law to those in Wales, and the law of the Marches to those in the +Marches. The Welsh shall treat us and ours in the same way. + +* In cases where a Welshman was deprived or dispossessed of anything, +without the lawful judgement of his equals, by our father King Henry or +our brother King Richard, and it remains in our hands or is held by +others under our warranty, we shall have respite for the period +commonly allowed to Crusaders, unless a lawsuit had been begun, or an +enquiry had been made at our order, before we took the Cross as a +Crusader. But on our return from the Crusade, or if we abandon it, we +will at once do full justice according to the laws of Wales and the +said regions. + +* We will at once return the son of Llywelyn, all Welsh hostages, and +the charters delivered to us as security for the peace. + +* With regard to the return of the sisters and hostages of Alexander, +king of Scotland, his liberties and his rights, we will treat him in +the same way as our other barons of England, unless it appears from the +charters that we hold from his father William, formerly king of +Scotland, that he should be treated otherwise. This matter shall be +resolved by the judgement of his equals in our court. + +* All these customs and liberties that we have granted shall be +observed in our kingdom in so far as concerns our own relations with +our subjects. Let all men of our kingdom, whether clergy or laymen, +observe them similarly in their relations with their own men. + +***Strange characters may have ended here. + +SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering +of our kingdom, and to allay the discord that has arisen between us and +our barons, and since we desire that they shall be enjoyed in their +entirety, with lasting strength, for ever, we give and grant to the +barons the following security: + +* The barons shall elect twenty-five of their number to keep, and cause +to be observed with all their might, the peace and liberties granted +and confirmed to them by this charter. + +* If we, our chief justice, our officials, or any of our servants +offend in any respect against any man, or transgress any of the +articles of the peace or of this security, and the offence is made +known to four of the said twenty-five barons, they shall come to us - +or in our absence from the kingdom to the chief justice - to declare it +and claim immediate redress. If we, or in our absence abroad the chief +justice, make no redress within forty days, reckoning from the day on +which the offence was declared to us or to him, the four barons shall +refer the matter to the rest of the twenty-five barons, who may +distrain upon and assail us in every way possible, with the support of +the whole community of the land, by seizing our castles, lands, +possessions, or anything else saving only our own person and those of +the queen and our children, until they have secured such redress as +they have determined upon. Having secured the redress, they may then +resume their normal obedience to us. + +* Any man who so desires may take an oath to obey the commands of the +twenty-five barons for the achievement of these ends, and to join with +them in assailing us to the utmost of his power. We give public and +free permission to take this oath to any man who so desires, and at no +time will we prohibit any man from taking it. Indeed, we will compel +any of our subjects who are unwilling to take it to swear it at our +command. + +* If one of the twenty-five barons dies or leaves the country, or is +prevented in any other way from discharging his duties, the rest of +them shall choose another baron in his place, at their discretion, who +shall be duly sworn in as they were. + +* In the event of disagreement among the twenty-five barons on any +matter referred to them for decision, the verdict of the majority +present shall have the same validity as a unanimous verdict of the +whole twenty-five, whether these were all present or some of those +summoned were unwilling or unable to appear. + +* The twenty-five barons shall swear to obey all the above articles +faithfully, and shall cause them to be obeyed by others to the best of +their power. + +* We will not seek to procure from anyone, either by our own efforts or +those of a third party, anything by which any part of these concessions +or liberties might be revoked or diminished. Should such a thing be +procured, it shall be null and void and we will at no time make use of +it, either ourselves or through a third party. + +We have remitted and pardoned fully to all men any ill-will, hurt, or +grudges that have arisen between us and our subjects, whether clergy or +laymen, since the beginning of the dispute. We have in addition +remitted fully, and for our own part have also pardoned, to all clergy +and laymen any offences committed as a result of the said dispute +between Easter 1215 AD and the restoration of peace. + +In addition we have caused letters patent to be made for the barons, +bearing witness to this security and to the concessions set out above, +over the seals of Stephen archbishop of Canterbury, Henry archbishop of +Dublin, the other bishops named above, and Master Pandulf. + +IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be +free, and that men in our kingdom shall have and keep all these +liberties, rights, and concessions, well and peaceably in their fulness +and entirety for them and their heirs, of us and our heirs, in all +things and all places for ever. + +Both we and the barons have sworn that all this shall be observed in +good faith and without deceit. Witness the above mentioned people and +many others. + +Given by our hand in the meadow that is called Runnymede, between +Windsor and Staines, on the fifteenth day of June in the seventeenth +year of our reign. + +*** + +[There were many missing spaces in this one, not sure I got them all] + + + + +Magna Carta 1215 + + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishops, +bishops, abbots, earls, barons, justiciars, foresters, sheriffs, +stewards, servants, and to all his bailiffs and liege subjects, +greeting. Know that, having regard to God and for the salvation of our +soul, and those of all our ancestors and heirs, and unto the honor of +God and the advancement of holy church, and for the reform of our +realm, by advice 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, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of +Worcester, William of Coventry, Benedict of Rochester, bishops; of +master Pandulf, subdeacon and member of the household of our lord the +Pope, of brother Aymeric (master of the Knights of the Temple in +England), and of the illustrious men William Marshall earl of Pembroke, +William earl of Salisbury, William earl of Warenne, William earl of +Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerald, +Peter Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh de +Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip +d’Aubigny, Robert of Roppesley, John Marshall, John Fitz Hugh, and +others, our liegemen. + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs for ever that the English church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent from +this that the freedom of elections, which is reckoned most important +and very essential to the English church, we, of our pure and +unconstrained will, did grant, and did by our charter confirm and did +obtain the ratification of the same from our lord, Pope Innocent III., +before the quarrel arose between us and our barons: and this we will +observe, and our will is that it be observed in good faith by our heirs +for ever. We have also granted to all freemen of our kingdom, for us +and our heirs for ever, all the underwritten liberties, to be had and +held by them and their heirs, of us and our heirs for ever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his heir +shall be of full age and owe “relief” he shall have his inheritance on +payment of the ancient relief, namely the heir or heirs of an earl, 100 +pounds for a whole earl’s barony; the heir or heirs of a baron, 100 +pounds for a whole barony; the heir or heirs of a knight, 100 shillings +at most for a whole knight’s fee; and whoever owes less let him give +less, according to the ancient custom officers. + +3. If, however, the heir of any of the aforesaid has been under age and +in wardship, let him have his inheritance without relief and without +fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonably produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any other +who is responsible to us for its issues, and he has made destruction or +waste of what he holds in wardship, we will take of him amends, and the +land shall be committed to two lawful and discreet men of that fee, who +shall be responsible for the issues to us or to him to whom we shall +assign them; and if we have given or sold the wardship of any such land +to anyone and he has there in made destruction or waste, he shall lose +that wardship, and it shall be transferred to two lawful and discreet +men of that fief, who shall be responsible to us in like manner as +aforesaid. + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and “waynage,” according as the season of +husbandry shall require, and the issues of the land can reasonably +bear. + +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have +notice. + +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she +give anything for her dower, or for her marriage portion, or for the +inheritance which her husband and she held on the day of the death of +that husband; and she may remain in the house of her husband for fourty +days after his death, within which time her dower shall be assigned to +her. + +8. No widow shall be compelled to marry, so long as she prefers to live +without a husband; provided always that she gives security not to marry +without our consent, if she holds of us, or without the consent of the +lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs shall seize any land or rent for any +debt, so long as the chattels of the debtor are sufficient to repay the +debt; nor shall the sureties of the debtor be distrained so long as the +principal debtor is able to satisfy the debt; and if the principal +debtor shall fail to pay the debt, having nothing wherewith to pay it, +then the sureties shall answer for the debt; and let them have the +lands and rents of the debtor, if they desire them, until they are +indemnified for the debt which they have paid for him, unless the +principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan can be repaid, the debt shall not bear interest while +the heir is under age, of whomsoever he may hold; and if the debt fall +into our hands, we will not take anything except the principal sum +contained in the bond. + +11. And if any one die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the deceased +are left underage, necessaries shall be provided for them in keeping +with the holding of the deceased; and out of the residue the debt shall +be paid, reserving, however, service due to feudal lords; in like +manner let it be done touching debts due to others than Jews. + +12. No scutage nor aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all its ancient liberties and +free customs, as well by land as by water; furthermore, we decree and +grant that all other cities, boroughs, towns, and ports shall have all +their liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, abbots, +earls, and greater barons, severally by our letters; and we will +moreover cause to be summoned generally, through our sheriffs and +bailiffs, all others who hold of us in chief, for a fixed date, namely, +after the expiry of at least forty days, and at a fixed place; and in +all letters of such summons we will specify the reason of the summons. +And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, +although not all who were summoned have come. + +15. We will not for the future grant to any one license to take an aid +from his own free tenants, except to ransom his body, to make his +eldest son a knight, and once to marry his eldest daughter; and on each +of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d’ancester, and of darrein +presentment, shall not be held elsewhere than in their own county +courts and that in manner following,—We, or, if we should be out of the +realm, our chief justiciar, will send two justiciars through every +county four times a year, who shall, along with four knights of the +county chosen by the county, hold the said assize in the county court, +on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who were +present at the county court on that day, as many as may be required for +the efficient making of judgments, according as the business be more or +less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his “contentment;” and a merchant in the same way, saving +his “merchandise;” and a villein shall be amerced in the same way, +saving his “wainage”—if they have fallen into our mercy: and none of +the aforesaid amercements shall be impsed except by the oath of honest +men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river-banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundreds, wapentakes, and trithings (except our +demesne manors) shall remain at old rents, and without any additional +payment.***here may be an error + +26. If any one holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed to us, it shall be lawful for our sheriff or bailiff +to attach and catalogue chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law-worthy men, +provided always that nothing whatever be then be removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfil the will of the deceased; and if there +be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from any one without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu of +castle-guard, when he is willing to perform it in his own person, or +(if he cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands of those +who have been convicted of felony, and the lands shall thereafter be +handed over to the lords of the fiefs. + +33. All kiddles for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future be +issued to any one, regarding any tenement whereby a freeman may lose +his court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, “the London +quarter;” and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvages; of weights also let +it be as of measures. + +36. Nothing in future shall be given or taken for a writ of inquisition +of life or limbs, but freely it shall be granted, and never denied. + +37. If any one holds of us by fee-farm, by socage, or by burgage, and +holds also land of another lord by knight’s service, we will not (by +reason of that fee-farm, socage, or burgage) have the wardship of the +heir, or of such land of his as is of the fief of that other; nor shall +we have wardship of that fee-farm, socage, or burgage, unless such +fee-farm owes knight’s service. We will not by reason of any small +serjeanty which any one may hold of us by the service of rendering to +us knives, arrows, or the like, have wardship of his heir of the land +which he holds of another lord by knight’s service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put any one to his “law,” without credible witnesses brought +for this purpose. + +39. No freeman shall be taken or imprisoned or disseised or exiled or +in anyway destroyed, nor will we go upon him nor send upon him, except +by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right or +justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for any one (excepting always those +imprisoned or outlawed in accordance with the law of the kingdom, and +natives of any country at war with us, and merchants, who shall be +treated as is above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of war, +on grounds of public policy—reserving always the allegiance due to us. + +43. If any one holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall give +no other relief, and perform no other service to us than he would have +done to the baron, if that barony had been in the baron’s hand; and we +shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciars of the forest upon a general summons, except those who +are impleaded, or who have become sureties for any person or persons +attached for forest offenses. + +45. We will appoint as justices, constables, sheriffs, or bailiffs only +such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have +long-continued possession, shall have the wardship of them, when +vacant, as they ought to have. + +47. All forests that have been made such in our time shall forthwith be +disafforested; and a similar course shall be followed with regard to +river-banks that have been placed “in defense” by us in our time. + +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river-banks and their wardens, +shall immediately be inquired into in each county by twelve sworn +knights of the same county chosen by the honest men of the same county, +and shall, within forty days of the said inquest, be utterly abolished, +so as never to be restored, provided always that we previously have +intimation thereof, or our justiciar, if we should not be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace or of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geofrrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom all +foreign-born knights, cross-bowmen, serjeants, and mercenary soldiers, +who have come with horses and arms to the kingdom’s hurt. + +52. If any one has been dispossessed or removed by us, without the +legal judgment of his peers, from his lands, castles, franchises, or +from his right, we will immediately restore them to him; and if a +dispute arise over this, then let it be decided by the five-and-twenty +barons of whom mention is made below in the clause for securing the +peace. Moreover, for all those possessions, from which any one has, +without the lawful judgment of his peers, be endisseised or removed, by +our father, King Henry, or by our brother, King Richard, and which we +retain in our hand (or which are possessed by others, to whom we are +bound to warrant them) we shall have respite until the usual term of +crusaders; excepting those things about which a plea has been raised, +or an inquest made by our order, before our taking of the cross; but as +soon as were turn from our expedition (or if perchance we desist from +the expedition) we will immediately grant full justice therein. + +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those +forests which Henry our father and Richard our brother afforested, and +concerning wardship of lands which are of the fief of another (namely, +such wardships as we have hitherto had by reason of a fief which any +one held of us by knight’s service), and concerning abbeys founded on +other fiefs than our own, in which the lord of the fief claims to have +right; and when we have returned, or if we desist from our expedition, +we will immediately grant full justice to all who complain of such +things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five-and-twenty barons of whom mention +is made below in the clause for securing the peace, or according to the +judgment of the majority of the same, along with the aforesaid Stephen, +archbishop of Canterbury, if he can be present, and such others as he +may wish to bring with him for this purpose, and if he cannot be +present the business shall nevertheless proceed without him, provided +always that if any one or more of the aforesaid five-and-twenty barons +are in a similar suit, they shall be removed as far as concerns this +particular judgment, others being substituted in their places after +having been selected by the rest of the same five-and-twenty for this +purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for tenements in England according to the law +of England, for tenements in Wales according to the law of Wales, and +for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father or King Richard our brother, and which we retain +in our hand (or which are possessed by others, to whom we are bound to +warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised or an inquest +made by our order before we took the cross; but as soon as we return +(or if perchance we desist from our expedition), we will immediately +grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for the +peace. + +59. We will do toward Alexander, King of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and his +right, in the same manner as we shall do toward our other barons of +England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly King of Scots; and this +shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the observance +of which we have granted in our kingdom as far as pertains to us toward +our men, shall be observed by all of our kingdom, as well clergy as +laymen, as far as pertains to them toward their men. + +61. Since, moreover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance for ever, we give and +grant to them the underwritten security, namely, that the barons choose +five-and-twenty barons of the kingdom, whomsoever they will, who shall +be bound with all their might, to observe and hold, and cause to be +observed, the peace and liberties we have granted and confirmed to them +by this our present Charter, so that if we, or our justiciar, or our +bailiffs or any one of our officers, shall in anything be at fault +toward any one, or shall have broken any one of the articles of the +peace or of this security, and the offense be notified to four barons +of the foresaid five-and-twenty, the said four barons shall repair to +us (or our justiciar, if we are out of the realm) and, laying the +transgression before us, petition to have that transgression redressed +without delay. And if we shall not have corrected the transgression +(or, in the event of our being out of the realm, if our justiciar shall +not have corrected it) within forty days, reckoning from the time it +has been intimated to us (or to our justiciar, if we should be out of +the realm), the four barons aforesaid shall refer that matter to the +rest of the five-and-twenty barons, and those five-and-twenty barons +shall, together with the community of the whole land, distrain and +distress us in all possible ways, namely, by seizing our castles, +lands, possessions, and in any other way they can, until redress has +been obtained as they deem fit, saving harmless our own person, and the +persons of our queen and children; and when redress has been obtained, +they shall resume their old relations toward us. And let whoever in the +country desires it, swear to obey the orders of the said +five-and-twenty barons for the execution of all the aforesaid matters, +and along with them, to molest us to the utmost of his power; and we +publicly and freely grant leave to every one who wishes to swear, and +we shall never forbid any one to swear. All those, moreover, in the +land who of themselves and of their own accord are unwilling to swear +to the twenty-five to help them in constraining and molesting us, we +shall by our command compel the same to swear to the effect aforesaid. +And if any one of the five-and-twenty barons shall have died or +departed from the land, or be incapacitated in any other manner which +would prevent the foresaid provisions being carried out, those of the +said twenty-five barons who are left shall choose another in his place +according to their own judgment, and he shall be sworn in the same way +as the others. Further, in all matters, the execution of which is +intrusted to these twenty-five barons, if perchance these twenty-five +are present, that which the majority of those present ordain or command +shall be held as fixed and established, exactly as if the whole +twenty-five had concurred in this; and the said twenty-five shall swear +that they will faithfully observe all that is aforesaid, and cause it +to be observed with all their might. And we shall procure nothing from +any one, directly or indirectly, whereby any part of these concessions +and liberties might be revoked or diminished; and if any such thing has +been procured, let it be void and null, and we shall never use it +personally or by another. + +62. And all the ill-will, hatreds, and bitterness that have arisen +between us and our men, clergy and lay, from the date of the quarrel, +we have completely remitted and pardoned every one. Moreover, all +trespasses occasioned by the said quarrel, from Easter in the sixteenth +year of our reign till the restoration of peace, we have fully remitted +to all, both clergy and laymen, and completely forgiven, as far as +pertains to us. And, on this head, we have caused to be made for them +letters testimonial patent of the lord Stephen, archbishop of +Canterbury, of the lord Henry, archbishop of Dublin, of the bishops +aforesaid, and of Master Pandulf as touching this security and the +concessions aforesaid. + +63. 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. + + + + +The text of THE MAGNA CARTA + + +The Magna Carta (The Great Charter): + +Preamble: + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, +abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, +servants, and to all his bailiffs and liege subjects, greetings. Know +that, having regard to God and for the salvation of our soul, and those +of all our ancestors and heirs, and unto the honor of God and the +advancement of his holy Church and for the rectifying of our realm, we +have granted as underwritten by advice 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, Jocelyn of Bath and Glastonbury, Hugh of +Lincoln, Walter of Worcester, William of Coventry, Benedict of +Rochester, bishops; of Master Pandulf, subdeacon and member of the +household of our lord the Pope, of brother Aymeric (master of the +Knights of the Temple in England), and of the illustrious men William +Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of +Warenne, William, earl of Arundel, Alan of Galloway (constable of +Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh +(seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas +Basset, Alan Basset, Philip d’Aubigny, Robert of Roppesley, John +Marshal, John Fitz Hugh, and others, our liegemen. + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs forever that the English Church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent from +this that the freedom of elections, which is reckoned most important +and very essential to the English Church, we, of our pure and +unconstrained will, did grant, and did by our charter confirm and did +obtain the ratification of the same from our lord, Pope Innocent III, +before the quarrel arose between us and our barons: and this we will +observe, and our will is that it be observed in good faith by our heirs +forever. We have also granted to all freemen of our kingdom, for us and +our heirs forever, all the underwritten liberties, to be had and held +by them and their heirs, of us and our heirs forever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his heir +shall be full of age and owe “relief”, he shall have his inheritance by +the old relief, to wit, the heir or heirs of an earl, for the whole +baroncy of an earl by L100; the heir or heirs of a baron, L100 for a +whole barony; the heir or heirs of a knight, 100s, at most, and whoever +owes less let him give less, according to the ancient custom of fees. + +3. If, however, the heir of any one of the aforesaid has been under age +and in wardship, let him have his inheritance without relief and +without fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonable produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any other +who is responsible to us for its issues, and he has made destruction or +waster of what he holds in wardship, we will take of him amends, and +the land shall be committed to two lawful and discreet men of that fee, +who shall be responsible for the issues to us or to him to whom we +shall assign them; and if we have given or sold the wardship of any +such land to anyone and he has therein made destruction or waste, he +shall lose that wardship, and it shall be transferred to two lawful and +discreet men of that fief, who shall be responsible to us in like +manner as aforesaid. + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and wainage, according as the season of +husbandry shall require, and the issues of the land can reasonable +bear. + +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have +notice. + +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she +give anything for her dower, or for her marriage portion, or for the +inheritance which her husband and she held on the day of the death of +that husband; and she may remain in the house of her husband for forty +days after his death, within which time her dower shall be assigned to +her. + +8. No widow shall be compelled to marry, so long as she prefers to live +without a husband; provided always that she gives security not to marry +without our consent, if she holds of us, or without the consent of the +lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs will seize any land or rent for any +debt, as long as the chattels of the debtor are sufficient to repay the +debt; nor shall the sureties of the debtor be distrained so long as the +principal debtor is able to satisfy the debt; and if the principal +debtor shall fail to pay the debt, having nothing wherewith to pay it, +then the sureties shall answer for the debt; and let them have the +lands and rents of the debtor, if they desire them, until they are +indemnified for the debt which they have paid for him, unless the +principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan be repaid, the debt shall not bear interest while the +heir is under age, of whomsoever he may hold; and if the debt fall into +our hands, we will not take anything except the principal sum contained +in the bond. + +11. And if anyone die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the deceased +are left under age, necessaries shall be provided for them in keeping +with the holding of the deceased; and out of the residue the debt shall +be paid, reserving, however, service due to feudal lords; in like +manner let it be done touching debts due to others than Jews. + +12. No scutage not aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all it ancient liberties and free +customs, as well by land as by water; furthermore, we decree and grant +that all other cities, boroughs, towns, and ports shall have all their +liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, abbots, +earls, and greater barons, severally by our letters; and we will +moveover cause to be summoned generally, through our sheriffs and +bailiffs, and others who hold of us in chief, for a fixed date, namely, +after the expiry of at least forty days, and at a fixed place; and in +all letters of such summons we will specify the reason of the summons. +And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, +although not all who were summoned have come. + +15. We will not for the future grant to anyone license to take an aid +from his own free tenants, except to ransom his person, to make his +eldest son a knight, and once to marry his eldest daughter; and on each +of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d’ancestor, and of darrein +presentment shall not be held elsewhere than in their own county +courts, and that in manner following; We, or, if we should be out of +the realm, our chief justiciar, will send two justiciaries through +every county four times a year, who shall alone with four knights of +the county chosen by the county, hold the said assizes in the county +court, on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who were +present at the county court on that day, as many as may be required for +the efficient making of judgments, according as the business be more or +less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his “contentment”; and a merchant in the same way, saving +his “merchandise”; and a villein shall be amerced in the same way, +saving his “wainage” if they have fallen into our mercy: and none of +the aforesaid amercements shall be imposed except by the oath of honest +men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundred, wapentakes, and trithings (except our +demesne manors) shall remain at the old rents, and without any +additional payment. + +26. If anyone holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed us, it shall be lawful for our sheriff or bailiff to +attach and enroll the chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law worthy men, +provided always that nothing whatever be thence removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfill the will of the deceased; and if there +be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the Church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from anyone without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu of +castle-guard, when he is willing to perform it in his own person, or +(if he himself cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands those who +have been convicted of felony, and the lands shall thereafter be handed +over to the lords of the fiefs. + +33. All kydells for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future be +issued to anyone, regarding any tenement whereby a freeman may lose his +court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, “the London +quarter”; and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvedges; of weights also +let it be as of measures. + +36. Nothing in future shall be given or taken for a writ of inquisition +of life or limbs, but freely it shall be granted, and never denied. + +37. If anyone holds of us by fee-farm, either by socage or by burage, +or of any other land by knight’s service, we will not (by reason of +that fee-farm, socage, or burgage), have the wardship of the heir, or +of such land of his as if of the fief of that other; nor shall we have +wardship of that fee-farm, socage, or burgage, unless such fee-farm +owes knight’s service. We will not by reason of any small serjeancy +which anyone may hold of us by the service of rendering to us knives, +arrows, or the like, have wardship of his heir or of the land which he +holds of another lord by knight’s service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put anyone to his “law”, without credible witnesses brought +for this purposes. + +39. No freemen shall be taken or imprisoned or disseised or exiled or +in any way destroyed, nor will we go upon him nor send upon him, except +by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right or +justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for anyone (excepting always those +imprisoned or outlawed in accordance with the law of the kingdom, and +natives of any country at war with us, and merchants, who shall be +treated as if above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of war, +on grounds of public policy- reserving always the allegiance due to us. + +43. If anyone holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall give +no other relief, and perform no other service to us than he would have +done to the baron if that barony had been in the baron’s hand; and we +shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciaries of the forest upon a general summons, unless they are +in plea, or sureties of one or more, who are attached for the forest. + +45. We will appoint as justices, constables, sheriffs, or bailiffs only +such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have long +continued possession, shall have the wardship of them, when vacant, as +they ought to have. + +47. All forests that have been made such in our time shall forthwith be +disafforsted; and a similar course shall be followed with regard to +river banks that have been placed “in defense” by us in our time. + +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river banks and their wardens, +shall immediately by inquired into in each county by twelve sworn +knights of the same county chosen by the honest men of the same county, +and shall, within forty days of the said inquest, be utterly abolished, +so as never to be restored, provided always that we previously have +intimation thereof, or our justiciar, if we should not be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard of Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom all +foreign born knights, crossbowmen, serjeants, and mercenary soldiers +who have come with horses and arms to the kingdom’s hurt. + +52. If anyone has been dispossessed or removed by us, without the legal +judgment of his peers, from his lands, castles, franchises, or from his +right, we will immediately restore them to him; and if a dispute arise +over this, then let it be decided by the five and twenty barons of whom +mention is made below in the clause for securing the peace. Moreover, +for all those possessions, from which anyone has, without the lawful +judgment of his peers, been disseised or removed, by our father, King +Henry, or by our brother, King Richard, and which we retain in our hand +(or which as possessed by others, to whom we are bound to warrant them) +we shall have respite until the usual term of crusaders; excepting +those things about which a plea has been raised, or an inquest made by +our order, before our taking of the cross; but as soon as we return +from the expedition, we will immediately grant full justice therein. + +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those +forests which Henry our father and Richard our brother afforested, and +concerning the wardship of lands which are of the fief of another +(namely, such wardships as we have hitherto had by reason of a fief +which anyone held of us by knight’s service), and concerning abbeys +founded on other fiefs than our own, in which the lord of the fee +claims to have right; and when we have returned, or if we desist from +our expedition, we will immediately grant full justice to all who +complain of such things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements, imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five and twenty barons whom mention is +made below in the clause for securing the pease, or according to the +judgment of the majority of the same, along with the aforesaid Stephen, +archbishop of Canterbury, if he can be present, and such others as he +may wish to bring with him for this purpose, and if he cannot be +present the business shall nevertheless proceed without him, provided +always that if any one or more of the aforesaid five and twenty barons +are in a similar suit, they shall be removed as far as concerns this +particular judgment, others being substituted in their places after +having been selected by the rest of the same five and twenty for this +purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for the tenements in England according to the +law of England, for tenements in Wales according to the law of Wales, +and for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father, or King Richard our brother, and which we retain +in our hand (or which are possessed by others, and which we ought to +warrant), we will have respite until the usual term of crusaders; +excepting those things about which a plea has been raised or an inquest +made by our order before we took the cross; but as soon as we return +(or if perchance we desist from our expedition), we will immediately +grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for the +peace. + +59. We will do towards Alexander, king of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and his +right, in the same manner as we shall do towards our other barons of +England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly king of Scots; and this +shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the +observances of which we have granted in our kingdom as far as pertains +to us towards our men, shall be observed b all of our kingdom, as well +clergy as laymen, as far as pertains to them towards their men. + +61. Since, moveover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance forever, we give and +grant to them the underwritten security, namely, that the barons choose +five and twenty barons of the kingdom, whomsoever they will, who shall +be bound with all their might, to observe and hold, and cause to be +observed, the peace and liberties we have granted and confirmed to them +by this our present Charter, so that if we, or our justiciar, or our +bailiffs or any one of our officers, shall in anything be at fault +towards anyone, or shall have broken any one of the articles of this +peace or of this security, and the offense be notified to four barons +of the foresaid five and twenty, the said four barons shall repair to +us (or our justiciar, if we are out of the realm) and, laying the +transgression before us, petition to have that transgression redressed +without delay. And if we shall not have corrected the transgression +(or, in the event of our being out of the realm, if our justiciar shall +not have corrected it) within forty days, reckoning from the time it +has been intimated to us (or to our justiciar, if we should be out of +the realm), the four barons aforesaid shall refer that matter to the +rest of the five and twenty barons, and those five and twenty barons +shall, together with the community of the whole realm, distrain and +distress us in all possible ways, namely, by seizing our castles, +lands, possessions, and in any other way they can, until redress has +been obtained as they deem fit, saving harmless our own person, and the +persons of our queen and children; and when redress has been obtained, +they shall resume their old relations towards us. And let whoever in +the country desires it, swear to obey the orders of the said five and +twenty barons for the execution of all the aforesaid matters, and along +with them, to molest us to the utmost of his power; and we publicly and +freely grant leave to everyone who wishes to swear, and we shall never +forbid anyone to swear. + +All those, moveover, in the land who of themselves and of their own +accord are unwilling to swear to the twenty five to help them in +constraining and molesting us, we shall by our command compel the same +to swear to the effect foresaid. And if any one of the five and twenty +barons shall have died or departed from the land, or be incapacitated +in any other manner which would prevent the foresaid provisions being +carried out, those of the said twenty five barons who are left shall +choose another in his place according to their own judgment, and he +shall be sworn in the same way as the others. Further, in all matters, +the execution of which is entrusted to these twenty five barons, if +perchance these twenty five are present and disagree about anything, or +if some of them, after being summoned, are unwilling or unable to be +present, that which the majority of those present ordain or command +shall be held as fixed and established, exactly as if the whole twenty +five had concurred in this; and the said twenty five shall swear that +they will faithfully observe all that is aforesaid, and cause it to be +observed with all their might. And we shall procure nothing from +anyone, directly or indirectly, whereby any part of these concessions +and liberties might be revoked or diminished; and if any such things +has been procured, let it be void and null, and we shall never use it +personally or by another. + +62. And all the will, hatreds, and bitterness that have arisen between +us and our men, clergy and lay, from the date of the quarrel, we have +completely remitted and pardoned to everyone. Moreover, all trespasses +occasioned by the said quarrel, from Easter in the sixteenth year of +our reign till the restoration of peace, we have fully remitted to all, +both clergy and laymen, and completely forgiven, as far as pertains to +us. And on this head, we have caused to be made for them letters +testimonial patent of the lord Stephen, archbishop of Canterbury, of +the lord Henry, archbishop of Dublin, of the bishops aforesaid, and of +Master Pandulf as touching this security and the concessions aforesaid. + +63. Wherefore we will and firmly order 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 forever, 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. + + + + +*** END OF THE PROJECT GUTENBERG EBOOK THE MAGNA CARTA *** + +Updated editions will replace the previous one--the old editions will +be renamed. + +Creating the works from print editions not protected by U.S. copyright +law means that no one owns a United States copyright in these works, +so the Foundation (and you!) can copy and distribute it in the +United States without permission and without paying copyright +royalties. Special rules, set forth in the General Terms of Use part +of this license, apply to copying and distributing Project +Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm +concept and trademark. 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If you +are not located in the United States, you will have to check the laws of the +country where you are located before using this eBook. +</div> +<div style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Title: The Magna Carta</div> +<div style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Author: Anonymous</div> +<div style='display:block; margin:1em 0'>Release Date: October 15, 2003 [eBook #10000]<br /> +[Most recently updated: December 20, 2021]</div> +<div style='display:block; margin:1em 0'>Language: English</div> +<div style='display:block; margin:1em 0'>Character set encoding: UTF-8</div> +<div style='display:block; margin-left:2em; text-indent:-2em'>Produced by: Michael Hart</div> +<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE MAGNA CARTA ***</div> + +<h1>The Magna Carta</h1> + +<hr /> + +<h2>Contents</h2> + +<table summary="" style=""> + +<tr> +<td> <a href="#chap01">The Text of Magna Carta</a></td> +</tr> + +<tr> +<td> <a href="#chap02">Magna Carta 1215</a></td> +</tr> + +<tr> +<td> <a href="#chap03">The text of THE MAGNA CARTA</a></td> +</tr> + +</table> + +<div class="chapter"> + +<p class="center"> +A note from Michael Hart, preparer of the 0.1 version. +</p> + +<p class="letter"> +This file contains a number of versions of the Magna Carta, some of which were +a little mangled in transit. I am sure our volunteers will find and correct +errors I didn’t catch, and that version 0.2 - 1.0 will have significant +improvements, as well as at least one more version in Latin. +</p> + +<p class="letter"> +Version 1.0 may contain a dozen different versions. +</p> + +</div><!--end chapter--> + +<div class="chapter"> + +<h2><a name="chap01"></a>The Text of Magna Carta</h2> + +<p> +JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy +and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, +barons, justices, foresters, sheriffs, stewards, servants, and to all his +officials and loyal subjects, Greeting. +</p> + +<p> +KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and +heirs, to the honour of God, the exaltation of the holy Church, and the better +ordering of our kingdom, at the advice of our reverend fathers Stephen, +archbishop of Canterbury, primate of all England, and cardinal of the holy +Roman Church, Henry archbishop of Dublin, William bishop of London, Peter +bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of +Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict +bishop of Rochester, Master Pandulf subdeacon and member of the papal +household, Brother Aymeric master of the knighthood of the Temple in England, +William Marshal earl of Pembroke, William earl of Salisbury, William earl of +Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin +Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de +Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, +Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects: +</p> + +<p> +(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have +confirmed for us and our heirs in perpetuity, that the English Church shall be +free, and shall have its rights undiminished, and its liberties unimpaired. +That we wish this so to be observed, appears from the fact that of our own free +will, before the outbreak of the present dispute between us and our barons, we +granted and confirmed by charter the freedom of the Church’s elections - +a right reckoned to be of the greatest necessity and importance to it - and +caused this to be confirmed by Pope Innocent III. This freedom we shall observe +ourselves, and desire to be observed in good faith by our heirs in perpetuity. +</p> + +<p> +TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for +ever, all the liberties written out below, to have and to keep for them and +their heirs, of us and our heirs: +</p> + +<p> +(2) If any earl, baron, or other person that holds lands directly of the Crown, +for military service, shall die, and at his death his heir shall be of full age +and owe a ‘relief’, the heir shall have his inheritance on payment +of the ancient scale of ‘relief’. That is to say, the heir or heirs +of an earl shall pay 100 for the entire earl’s barony, the heir or heirs +of a knight 100s. at most for the entire knight’s ‘fee’, and +any man that owes less shall pay less, in accordance with the ancient usage of +‘fees’ +</p> + +<p> +(3) But if the heir of such a person is under age and a ward, when he comes of +age he shall have his inheritance without ‘relief’ or fine. +</p> + +<p> +(4) The guardian of the land of an heir who is under age shall take from it +only reasonable revenues, customary dues, and feudal services. He shall do this +without destruction or damage to men or property. If we have given the +guardianship of the land to a sheriff, or to any person answerable to us for +the revenues, and he commits destruction or damage, we will exact compensation +from him, and the land shall be entrusted to two worthy and prudent men of the +same ‘fee’, who shall be answerable to us for the revenues, or to +the person to whom we have assigned them. If we have given or sold to anyone +the guardianship of such land, and he causes destruction or damage, he shall +lose the guardianship of it, and it shall be handed over to two worthy and +prudent men of the same ‘fee’, who shall be similarly answerable to +us. +</p> + +<p> +(5) For so long as a guardian has guardianship of such land, he shall maintain +the houses, parks, fish preserves, ponds, mills, and everything else pertaining +to it, from the revenues of the land itself. When the heir comes of age, he +shall restore the whole land to him, stocked with plough teams and such +implements of husbandry as the season demands and the revenues from the land +can reasonably bear. +</p> + +<p> +(6) Heirs may be given in marriage, but not to someone of lower social +standing. Before a marriage takes place, it shall be’ made known to the +heir’s next-of-kin. +</p> + +<p> +(7) At her husband’s death, a widow may have her marriage portion and +inheritance at once and without trouble. She shall pay nothing for her dower, +marriage portion, or any inheritance that she and her husband held jointly on +the day of his death. She may remain in her husband’s house for forty +days after his death, and within this period her dower shall be assigned to +her. +</p> + +<p> +(8) No widow shall be compelled to marry, so long as she wishes to remain +without a husband. But she must give security that she will not marry without +royal consent, if she holds her lands of the Crown, or without the consent of +whatever other lord she may hold them of. +</p> + +<p> +(9) Neither we nor our officials will seize any land or rent in payment of a +debt, so long as the debtor has movable goods sufficient to discharge the debt. +A debtor’s sureties shall not be distrained upon so long as the debtor +himself can discharge his debt. If, for lack of means, the debtor is unable to +discharge his debt, his sureties shall be answerable for it. If they so desire, +they may have the debtor’s lands and rents until they have received +satisfaction for the debt that they paid for him, unless the debtor can show +that he has settled his obligations to them. +</p> + +<p> +(10) If anyone who has borrowed a sum of money from Jews dies before the debt +has been repaid, his heir shall pay no interest on the debt for so long as he +remains under age, irrespective of whom he holds his lands. If such a debt +falls into the hands of the Crown, it will take nothing except the principal +sum specified in the bond. +</p> + +<p> +(11) If a man dies owing money to Jews, his wife may have her dower and pay +nothing towards the debt from it. If he leaves children that are under age, +their needs may also be provided for on a scale appropriate to the size of his +holding of lands. The debt is to be paid out of the residue, reserving the +service due to his feudal lords. Debts owed to persons other than Jews are to +be dealt with similarly. +</p> + +<p> +(12) No ‘scutage’ or ‘aid’ may be levied in our kingdom +without its general consent, unless it is for the ransom of our person, to make +our eldest son a knight, and (once) to marry our eldest daughter. For these +purposes only a reasonable ‘aid’ may be levied. ‘Aids’ +from the city of London are to be treated similarly. +</p> + +<p> +(13) The city of London shall enjoy all its ancient liberties and free customs, +both by land and by water. We also will and grant that all other cities, +boroughs, towns, and ports shall enjoy all their liberties and free customs. +</p> + +<p> + (14) To obtain the general consent of the realm for the assessment of an + ‘aid’ - except in the three cases specified above - or a + ‘scutage’, we will cause the archbishops, bishops, abbots, earls, + and greater barons to be summoned individually by letter. To those who hold + lands directly of us we will cause a general summons to be issued, through the + sheriffs and other officials, to come together on a fixed day (of which at + least forty days notice shall be given) and at a fixed place. In all letters + of summons, the cause of the summons will be stated. When a summons has been + issued, the business appointed for the day shall go forward in accordance with + the resolution of those present, even if not all those who were summoned have + appeared. +</p> + +<p> +(15) In future we will allow no one to levy an ‘aid’ from his free +men, except to ransom his person, to make his eldest son a knight, and (once) +to marry his eldest daughter. For these purposes only a reasonable +‘aid’ may be levied. +</p> + +<p> +(16) No man shall be forced to perform more service for a knight’s +‘fee’, or other free holding of land, than is due from it. +</p> + +<p> +(17) Ordinary lawsuits shall not follow the royal court around, but shall be +held in a fixed place. +</p> + +<p> +(18) Inquests of novel disseisin, mort d’ancestor, and darrein +presentment shall be taken only in their proper county court. We ourselves, or +in our absence abroad our chief justice, will send two justices to each county +four times a year, and these justices, with four knights of the county elected +by the county itself, shall hold the assizes in the county court, on the day +and in the place where the court meets. +</p> + +<p> +(19) If any assizes cannot be taken on the day of the county court, as many +knights and freeholders shall afterwards remain behind, of those who have +attended the court, as will suffice for the administration of justice, having +regard to the volume of business to be done. +</p> + +<p> +(20) For a trivial offence, a free man shall be fined only in proportion to the +degree of his offence, and for a serious offence correspondingly, but not so +heavily as to deprive him of his livelihood. In the same way, a merchant shall +be spared his merchandise, and a husbandman the implements of his husbandry, if +they fall upon the mercy of a royal court. None of these fines shall be imposed +except by the assessment on oath of reputable men of the neighbourhood. +</p> + +<p> +(21) Earls and barons shall be fined only by their equals, and in proportion to +the gravity of their offence. +</p> + +<p> +(22) A fine imposed upon the lay property of a clerk in holy orders shall be +assessed upon the same principles, without reference to the value of his +ecclesiastical benefice. +</p> + +<p> +(23) No town or person shall be forced to build bridges over rivers except +those with an ancient obligation to do so. +</p> + +<p> +(24) No sheriff, constable, coroners, or other royal officials are to hold +lawsuits that should be held by the royal justices. +</p> + +<p> +(25) Every county, hundred, wapentake, and tithing shall remain at its ancient +rent, without increase, except the royal demesne manors. +</p> + +<p> +(26) If at the death of a man who holds a lay ‘fee’ of the Crown, a +sheriff or royal official produces royal letters patent of summons for a debt +due to the Crown, it shall be lawful for them to seize and list movable goods +found in the lay ‘fee’ of the dead man to the value of the debt, as +assessed by worthy men. Nothing shall be removed until the whole debt is paid, +when the residue shall be given over to the executors to carry out the dead +man’s will. If no debt is due to the Crown, all the movable goods shall +be regarded as the property of the dead man, except the reasonable shares of +his wife and children. +</p> + +<p> +(27) If a free man dies intestate, his movable goods are to be distributed by +his next-of-kin and friends, under the supervision of the Church. The rights of +his debtors are to be preserved. +</p> + +<p> +(28) No constable or other royal official shall take corn or other movable +goods from any man without immediate payment, unless the seller voluntarily +offers postponement of this. +</p> + +<p> +(29) No constable may compel a knight to pay money for castle-guard if the +knight is willing to undertake the guard in person, or with reasonable excuse +to supply some other fit man to do it. A knight taken or sent on military +service shall be excused from castle-guard for the period of this service. +</p> + +<p> +(30) No sheriff, royal official, or other person shall take horses or carts for +transport from any free man, without his consent. +</p> + +<p> +(31) Neither we nor any royal official will take wood for our castle, or for +any other purpose, without the consent of the owner. +</p> + +<p> +(32) We will not keep the lands of people convicted of felony in our hand for +longer than a year and a day, after which they shall be returned to the lords +of the ‘fees’ concerned. +</p> + +<p> +(33) All fish-weirs shall be removed from the Thames, the Medway, and +throughout the whole of England, except on the sea coast. +</p> + +<p> +(34) The writ called precipe shall not in future be issued to anyone in respect +of any holding of land, if a free man could thereby be deprived of the right of +trial in his own lord’s court. +</p> + +<p> +(35) There shall be standard measures of wine, ale, and corn (the London +quarter), throughout the kingdom. There shall also be a standard width of dyed +cloth, russett, and haberject, namely two ells within the selvedges. Weights +are to be standardised similarly. +</p> + +<p> +(36) In future nothing shall be paid or accepted for the issue of a writ of +inquisition of life or limbs. It shall be given gratis, and not refused. +</p> + +<p> +(37) If a man holds land of the Crown by ‘fee-farm’, +‘socage’, or ‘burgage’, and also holds land of someone +else for knight’s service, we will not have guardianship of his heir, nor +of the land that belongs to the other person’s ‘fee’, by +virtue of the ‘fee-farm’, ‘socage’, or +‘burgage’, unless the ‘fee-farm’ owes knight’s +service. We will not have the guardianship of a man’s heir, or of land +that he holds of someone else, by reason of any small property that he may hold +of the Crown for a service of knives, arrows, or the like. +</p> + +<p> +(38) In future no official shall place a man on trial upon his own unsupported +statement, without producing credible witnesses to the truth of it. +</p> + +<p> +(39) No free man shall be seized or imprisoned, or stripped of his rights or +possessions, or outlawed or exiled, or deprived of his standing in any other +way, nor will we proceed with force against him, or send others to do so, +except by the lawful judgement of his equals or by the law of the land. +</p> + +<p> +(40) To no one will we sell, to no one deny or delay right or justice. +</p> + +<p> +(41) All merchants may enter or leave England unharmed and without fear, and +may stay or travel within it, by land or water, for purposes of trade, free +from all illegal exactions, in accordance with ancient and lawful customs. +This, however, does not apply in time of war to merchants from a country that +is at war with us. Any such merchants found in our country at the outbreak of +war shall be detained without injury to their persons or property, until we or +our chief justice have discovered how our own merchants are being treated in +the country at war with us. If our own merchants are safe they shall be safe +too. +</p> + +<p> +(42) In future it shall be lawful for any man to leave and return to our +kingdom unharmed and without fear, by land or water, preserving his allegiance +to us, except in time of war, for some short period, for the common benefit of +the realm. People that have been imprisoned or outlawed in accordance with the +law of the land, people from a country that is at war with us, and merchants - +who shall be dealt with as stated above - are excepted from this provision. +</p> + +<p> +(43) If a man holds lands of any ‘escheat’ such as the +‘honour’ of Wallingford, Nottingham, Boulogne, Lancaster, or of +other ‘escheats’ in our hand that are baronies, at his death his +heir shall give us only the ‘relief’ and service that he would have +made to the baron, had the barony been in the baron’s hand. We will hold +the ‘escheat’ in the same manner as the baron held it. +</p> + +<p> +(44) People who live outside the forest need not in future appear before the +royal justices of the forest in answer to general summonses, unless they are +actually involved in proceedings or are sureties for someone who has been +seized for a forest offence. +</p> + +<p> +(45) We will appoint as justices, constables, sheriffs, or other officials, +only men that know the law of the realm and are minded to keep it well. +</p> + +<p> +(46) All barons who have founded abbeys, and have charters of English kings or +ancient tenure as evidence of this, may have guardianship of them when there is +no abbot, as is their due. +</p> + +<p> +(47) All forests that have been created in our reign shall at once be +disafforested. River-banks that have been enclosed in our reign shall be +treated similarly. +</p> + +<p> +(48) All evil customs relating to forests and warrens, foresters, warreners, +sheriffs and their servants, or river-banks and their wardens, are at once to +be investigated in every county by twelve sworn knights of the county, and +within forty days of their enquiry the evil customs are to be abolished +completely and irrevocably. But we, or our chief justice if we are not in +England, are first to be informed. +</p> + +<p> +(49) We will at once return all hostages and charters delivered up to us by +Englishmen as security for peace or for loyal service. ***here were some +strange characters, not completely removed +</p> + +<p> +(50) We will remove completely from their offices the kinsmen of Gerard de Ath, +Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in future they shall +hold no offices in England. The people in question are Engelard de Cigogn, +Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with +Geoffrey his nephew, and all their followers. +</p> + +<p> +* As soon as peace is restored, we will remove from the kingdom all the foreign +knights, bowmen, their attendants, and the mercenaries that have come to it, to +its harm, with horses and arms. +</p> + +<p> +* To any man whom we have deprived or dispossessed of lands, castles, +liberties, or rights, without the lawful judgement of his equals, we will at +once restore these. In cases of dispute the matter shall be resolved by the +judgement of the twenty-five barons referred to below in the clause for +securing the peace. In cases, however, where a man was deprived or dispossessed +of something without the lawful judgement of his equals by our father King +Henry or our brother King Richard, and it remains in our hands or is held by +others under our warranty, we shall have respite for the period commonly +allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been +made at our order, before we took the Cross as a Crusader. On our return from +the Crusade, or if we abandon it, we will at once render justice in full. +</p> + +<p> +* We shall have similar respite in rendering justice in connexion with forests +that are to be disafforested, or to remain forests, when these were first +aforested by our father Henry or our brother Richard; with the guardianship of +lands in another persons fee, when we have hitherto had this by virtue of a fee +held of us for knights service by a third party; and with abbeys founded in +another persons fee, in which the lord of the fee claims to own a right. On our +return from the Crusade, or if we abandon it, we will at once do full justice +to complaints about these matters. +</p> + +<p> +* No one shall be arrested or imprisoned on the appeal of a woman for the death +of any person except her husband. +</p> + +<p> +* All fines that have been given to us unjustly and against the law of the +land, and all fines that we have exacted unjustly, shall be entirely remitted +or the matter decided by a majority judgement of the twenty-five barons +referred to below in the clause for securing the peace together with Stephen, +archbishop of Canterbury, if he can be present, and such others as he wishes to +bring with him. If the archbishop cannot be present, proceedings shall continue +without him, provided that if any of the twenty-five barons has been involved +in a similar suit himself, his judgement shall be set aside, and someone else +chosen and sworn in his place, as a substitute for the single occasion, by the +rest of the twenty-five. +</p> + +<p> +* If we have deprived or dispossessed any Welshmen of lands, liberties, or +anything else in England or in Wales, without the lawful judgement of their +equals, these are at once to be returned to them. A dispute on this point shall +be determined in the Marches by the judgement of equals. English law shall +apply to holdings of land in England, Welsh law to those in Wales, and the law +of the Marches to those in the Marches. The Welsh shall treat us and ours in +the same way. +</p> + +<p> +* In cases where a Welshman was deprived or dispossessed of anything, without +the lawful judgement of his equals, by our father King Henry or our brother +King Richard, and it remains in our hands or is held by others under our +warranty, we shall have respite for the period commonly allowed to Crusaders, +unless a lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. But on our return from the Crusade, or +if we abandon it, we will at once do full justice according to the laws of +Wales and the said regions. +</p> + +<p> +* We will at once return the son of Llywelyn, all Welsh hostages, and the +charters delivered to us as security for the peace. +</p> + +<p> +* With regard to the return of the sisters and hostages of Alexander, king of +Scotland, his liberties and his rights, we will treat him in the same way as +our other barons of England, unless it appears from the charters that we hold +from his father William, formerly king of Scotland, that he should be treated +otherwise. This matter shall be resolved by the judgement of his equals in our +court. +</p> + +<p> +* All these customs and liberties that we have granted shall be observed in our +kingdom in so far as concerns our own relations with our subjects. Let all men +of our kingdom, whether clergy or laymen, observe them similarly in their +relations with their own men. +</p> + +<p> +***Strange characters may have ended here. +</p> + +<p> +SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our +kingdom, and to allay the discord that has arisen between us and our barons, +and since we desire that they shall be enjoyed in their entirety, with lasting +strength, for ever, we give and grant to the barons the following security: +</p> + +<p> +* The barons shall elect twenty-five of their number to keep, and cause to be +observed with all their might, the peace and liberties granted and confirmed to +them by this charter. +</p> + +<p> +* If we, our chief justice, our officials, or any of our servants offend in any +respect against any man, or transgress any of the articles of the peace or of +this security, and the offence is made known to four of the said twenty-five +barons, they shall come to us - or in our absence from the kingdom to the chief +justice - to declare it and claim immediate redress. If we, or in our absence +abroad the chief justice, make no redress within forty days, reckoning from the +day on which the offence was declared to us or to him, the four barons shall +refer the matter to the rest of the twenty-five barons, who may distrain upon +and assail us in every way possible, with the support of the whole community of +the land, by seizing our castles, lands, possessions, or anything else saving +only our own person and those of the queen and our children, until they have +secured such redress as they have determined upon. Having secured the redress, +they may then resume their normal obedience to us. +</p> + +<p> +* Any man who so desires may take an oath to obey the commands of the +twenty-five barons for the achievement of these ends, and to join with them in +assailing us to the utmost of his power. We give public and free permission to +take this oath to any man who so desires, and at no time will we prohibit any +man from taking it. Indeed, we will compel any of our subjects who are +unwilling to take it to swear it at our command. +</p> + +<p> +* If one of the twenty-five barons dies or leaves the country, or is prevented +in any other way from discharging his duties, the rest of them shall choose +another baron in his place, at their discretion, who shall be duly sworn in as +they were. +</p> + +<p> +* In the event of disagreement among the twenty-five barons on any matter +referred to them for decision, the verdict of the majority present shall have +the same validity as a unanimous verdict of the whole twenty-five, whether +these were all present or some of those summoned were unwilling or unable to +appear. +</p> + +<p> +* The twenty-five barons shall swear to obey all the above articles faithfully, +and shall cause them to be obeyed by others to the best of their power. +</p> + +<p> +* We will not seek to procure from anyone, either by our own efforts or those +of a third party, anything by which any part of these concessions or liberties +might be revoked or diminished. Should such a thing be procured, it shall be +null and void and we will at no time make use of it, either ourselves or +through a third party. +</p> + +<p> +We have remitted and pardoned fully to all men any ill-will, hurt, or grudges +that have arisen between us and our subjects, whether clergy or laymen, since +the beginning of the dispute. We have in addition remitted fully, and for our +own part have also pardoned, to all clergy and laymen any offences committed as +a result of the said dispute between Easter 1215 AD and the restoration of +peace. +</p> + +<p> +In addition we have caused letters patent to be made for the barons, bearing +witness to this security and to the concessions set out above, over the seals +of Stephen archbishop of Canterbury, Henry archbishop of Dublin, the other +bishops named above, and Master Pandulf. +</p> + +<p> +IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, +and that men in our kingdom shall have and keep all these liberties, rights, +and concessions, well and peaceably in their fulness and entirety for them and +their heirs, of us and our heirs, in all things and all places for ever. +</p> + +<p> +Both we and the barons have sworn that all this shall be observed in good faith +and without deceit. Witness the above mentioned people and many others. +</p> + +<p> +Given by our hand in the meadow that is called Runnymede, between Windsor and +Staines, on the fifteenth day of June in the seventeenth year of our reign. +</p> + +<p> +*** +</p> + +<p> +[There were many missing spaces in this one, not sure I got them all] +</p> + +</div><!--end chapter--> + +<div class="chapter"> + +<h2><a name="chap02"></a>Magna Carta 1215</h2> + +<p> +John, by the grace of God, king of England, lord of Ireland, duke of Normandy +and Aquitaine, and count of Anjou, to the archbishops, bishops, abbots, earls, +barons, justiciars, foresters, sheriffs, stewards, servants, and to all his +bailiffs and liege subjects, greeting. Know that, having regard to God and for +the salvation of our soul, and those of all our ancestors and heirs, and unto +the honor of God and the advancement of holy church, and for the reform of our +realm, by advice 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, Jocelyn of Bath and +Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, +Benedict of Rochester, bishops; of master Pandulf, subdeacon and member of the +household of our lord the Pope, of brother Aymeric (master of the Knights of +the Temple in England), and of the illustrious men William Marshall earl of +Pembroke, William earl of Salisbury, William earl of Warenne, William earl of +Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerald, Peter +Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh de Neville, Matthew +Fitz Herbert, Thomas Basset, Alan Basset, Philip d’Aubigny, Robert of +Roppesley, John Marshall, John Fitz Hugh, and others, our liegemen. +</p> + +<p> +1. In the first place we have granted to God, and by this our present charter +confirmed for us and our heirs for ever that the English church shall be free, +and shall have her rights entire, and her liberties inviolate; and we will that +it be thus observed; which is apparent from this that the freedom of elections, +which is reckoned most important and very essential to the English church, we, +of our pure and unconstrained will, did grant, and did by our charter confirm +and did obtain the ratification of the same from our lord, Pope Innocent III., +before the quarrel arose between us and our barons: and this we will observe, +and our will is that it be observed in good faith by our heirs for ever. We +have also granted to all freemen of our kingdom, for us and our heirs for ever, +all the underwritten liberties, to be had and held by them and their heirs, of +us and our heirs for ever. +</p> + +<p> +2. If any of our earls or barons, or others holding of us in chief by military +service shall have died, and at the time of his death his heir shall be of full +age and owe “relief” he shall have his inheritance on payment of +the ancient relief, namely the heir or heirs of an earl, 100 pounds for a whole +earl’s barony; the heir or heirs of a baron, 100 pounds for a whole +barony; the heir or heirs of a knight, 100 shillings at most for a whole +knight’s fee; and whoever owes less let him give less, according to the +ancient custom officers. +</p> + +<p> +3. If, however, the heir of any of the aforesaid has been under age and in +wardship, let him have his inheritance without relief and without fine when he +comes of age. +</p> + +<p> +4. The guardian of the land of an heir who is thus under age, shall take from +the land of the heir nothing but reasonably produce, reasonable customs, and +reasonable services, and that without destruction or waste of men or goods; and +if we have committed the wardship of the lands of any such minor to the +sheriff, or to any other who is responsible to us for its issues, and he has +made destruction or waste of what he holds in wardship, we will take of him +amends, and the land shall be committed to two lawful and discreet men of that +fee, who shall be responsible for the issues to us or to him to whom we shall +assign them; and if we have given or sold the wardship of any such land to +anyone and he has there in made destruction or waste, he shall lose that +wardship, and it shall be transferred to two lawful and discreet men of that +fief, who shall be responsible to us in like manner as aforesaid. +</p> + +<p> +5. The guardian, moreover, so long as he has the wardship of the land, shall +keep up the houses, parks, fishponds, stanks, mills, and other things +pertaining to the land, out of the issues of the same land; and he shall +restore to the heir, when he has come to full age, all his land, stocked with +ploughs and “waynage,” according as the season of husbandry shall +require, and the issues of the land can reasonably bear. +</p> + +<p> +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have notice. +</p> + +<p> +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she give +anything for her dower, or for her marriage portion, or for the inheritance +which her husband and she held on the day of the death of that husband; and she +may remain in the house of her husband for fourty days after his death, within +which time her dower shall be assigned to her. +</p> + +<p> +8. No widow shall be compelled to marry, so long as she prefers to live without +a husband; provided always that she gives security not to marry without our +consent, if she holds of us, or without the consent of the lord of whom she +holds, if she holds of another. +</p> + +<p> +9. Neither we nor our bailiffs shall seize any land or rent for any debt, so +long as the chattels of the debtor are sufficient to repay the debt; nor shall +the sureties of the debtor be distrained so long as the principal debtor is +able to satisfy the debt; and if the principal debtor shall fail to pay the +debt, having nothing wherewith to pay it, then the sureties shall answer for +the debt; and let them have the lands and rents of the debtor, if they desire +them, until they are indemnified for the debt which they have paid for him, +unless the principal debtor can show proof that he is discharged thereof as +against the said sureties. +</p> + +<p> +10. If one who has borrowed from the Jews any sum, great or small, die before +that loan can be repaid, the debt shall not bear interest while the heir is +under age, of whomsoever he may hold; and if the debt fall into our hands, we +will not take anything except the principal sum contained in the bond. +</p> + +<p> +11. And if any one die indebted to the Jews, his wife shall have her dower and +pay nothing of that debt; and if any children of the deceased are left +underage, necessaries shall be provided for them in keeping with the holding of +the deceased; and out of the residue the debt shall be paid, reserving, +however, service due to feudal lords; in like manner let it be done touching +debts due to others than Jews. +</p> + +<p> +12. No scutage nor aid shall be imposed on our kingdom, unless by common +counsel of our kingdom, except for ransoming our person, for making our eldest +son a knight, and for once marrying our eldest daughter; and for these there +shall not be levied more than a reasonable aid. In like manner it shall be done +concerning aids from the city of London. +</p> + +<p> +13. And the city of London shall have all its ancient liberties and free +customs, as well by land as by water; furthermore, we decree and grant that all +other cities, boroughs, towns, and ports shall have all their liberties and +free customs. +</p> + +<p> +14. And for obtaining the common counsel of the kingdom anent the assessing of +an aid (except in the three cases aforesaid) or of a scutage, we will cause to +be summoned the archbishops, bishops, abbots, earls, and greater barons, +severally by our letters; and we will moreover cause to be summoned generally, +through our sheriffs and bailiffs, all others who hold of us in chief, for a +fixed date, namely, after the expiry of at least forty days, and at a fixed +place; and in all letters of such summons we will specify the reason of the +summons. And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, although +not all who were summoned have come. +</p> + +<p> +15. We will not for the future grant to any one license to take an aid from his +own free tenants, except to ransom his body, to make his eldest son a knight, +and once to marry his eldest daughter; and on each of these occasions there +shall be levied only a reasonable aid. +</p> + +<p> +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. +</p> + +<p> +17. Common pleas shall not follow our court, but shall be held in some fixed +place. +</p> + +<p> +18. Inquests of novel disseisin, of mort d’ancester, and of darrein +presentment, shall not be held elsewhere than in their own county courts and +that in manner following,—We, or, if we should be out of the realm, our +chief justiciar, will send two justiciars through every county four times a +year, who shall, along with four knights of the county chosen by the county, +hold the said assize in the county court, on the day and in the place of +meeting of that court. +</p> + +<p> +19. And if any of the said assizes cannot be taken on the day of the county +court, let there remain of the knights and freeholders, who were present at the +county court on that day, as many as may be required for the efficient making +of judgments, according as the business be more or less. +</p> + +<p> +20. A freeman shall not be amerced for a slight offense, except in accordance +with the degree of the offense; and for a grave offense he shall be amerced in +accordance with the gravity of the offense, yet saving always his +“contentment;” and a merchant in the same way, saving his +“merchandise;” and a villein shall be amerced in the same way, +saving his “wainage”—if they have fallen into our mercy: and +none of the aforesaid amercements shall be impsed except by the oath of honest +men of the neighborhood. +</p> + +<p> +21. Earls and barons shall not be amerced except through their peers, and only +in accordance with the degree of the offense. +</p> + +<p> +22. A clerk shall not be amerced in respect of his lay holding except after the +manner of the others aforesaid; further, he shall not be amerced in accordance +with the extent of his ecclesiastical benefice. +</p> + +<p> +23. No village or individual shall be compelled to make bridges at river-banks, +except those who from of old were legally bound to do so. +</p> + +<p> +24. No sheriff, constable, coroners, or others of our bailiffs, shall hold +pleas of our Crown. +</p> + +<p> +25. All counties, hundreds, wapentakes, and trithings (except our demesne +manors) shall remain at old rents, and without any additional payment.***here +may be an error +</p> + +<p> +26. If any one holding of us a lay fief shall die, and our sheriff or bailiff +shall exhibit our letters patent of summons for a debt which the deceased owed +to us, it shall be lawful for our sheriff or bailiff to attach and catalogue +chattels of the deceased, found upon the lay fief, to the value of that debt, +at the sight of law-worthy men, provided always that nothing whatever be then +be removed until the debt which is evident shall be fully paid to us; and the +residue shall be left to the executors to fulfil the will of the deceased; and +if there be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. +</p> + +<p> +27. If any freeman shall die intestate, his chattels shall be distributed by +the hands of his nearest kinsfolk and friends, under supervision of the church, +saving to every one the debts which the deceased owed to him. +</p> + +<p> +28. No constable or other bailiff of ours shall take corn or other provisions +from any one without immediately tendering money therefor, unless he can have +postponement thereof by permission of the seller. +</p> + +<p> +29. No constable shall compel any knight to give money in lieu of castle-guard, +when he is willing to perform it in his own person, or (if he cannot do it from +any reasonable cause) then by another responsible man. Further, if we have led +or sent him upon military service, he shall be relieved from guard in +proportion to the time during which he has been on service because of us. +</p> + +<p> +30. No sheriff or bailiff of ours, or other person, shall take the horses or +carts of any freeman for transport duty, against the will of the said freeman. +</p> + +<p> +31. Neither we nor our bailiffs shall take, for our castles or for any other +work of ours, wood which is not ours, against the will of the owner of that +wood. +</p> + +<p> +32. We will not retain beyond one year and one day, the lands of those who have +been convicted of felony, and the lands shall thereafter be handed over to the +lords of the fiefs. +</p> + +<p> +33. All kiddles for the future shall be removed altogether from Thames and +Medway, and throughout all England, except upon the seashore. +</p> + +<p> +34. The writ which is called praecipe shall not for the future be issued to any +one, regarding any tenement whereby a freeman may lose his court. +</p> + +<p> +35. Let there be one measure of wine throughout our whole realm; and one +measure of ale; and one measure of corn, to wit, “the London +quarter;” and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvages; of weights also +let it be as of measures. +</p> + +<p> +36. Nothing in future shall be given or taken for a writ of inquisition of life +or limbs, but freely it shall be granted, and never denied. +</p> + +<p> +37. If any one holds of us by fee-farm, by socage, or by burgage, and holds +also land of another lord by knight’s service, we will not (by reason of +that fee-farm, socage, or burgage) have the wardship of the heir, or of such +land of his as is of the fief of that other; nor shall we have wardship of that +fee-farm, socage, or burgage, unless such fee-farm owes knight’s service. +We will not by reason of any small serjeanty which any one may hold of us by +the service of rendering to us knives, arrows, or the like, have wardship of +his heir of the land which he holds of another lord by knight’s service. +</p> + +<p> +38. No bailiff for the future shall, upon his own unsupported complaint, put +any one to his “law,” without credible witnesses brought for this +purpose. +</p> + +<p> +39. No freeman shall be taken or imprisoned or disseised or exiled or in anyway +destroyed, nor will we go upon him nor send upon him, except by the lawful +judgment of his peers or by the law of the land. +</p> + +<p> +40. To no one will we sell, to no one will we refuse or delay, right or +justice. +</p> + +<p> +41. All merchants shall have safe and secure exit from England, and entry to +England, with the right to tarry there and to move about as well by land as by +water, for buying and selling by the ancient and right customs, quit from all +evil tolls, except (in time of war) such merchants as are of the land at war +with us. And if such are found in our land at the beginning of the war, they +shall be detained, without injury to their bodies or goods, until information +be received by us, or by our chief justiciar, how the merchants of our land +found in the land at war with us are treated; and if our men are safe there, +the others shall be safe in our land. +</p> + +<p> +42. It shall be lawful in future for any one (excepting always those imprisoned +or outlawed in accordance with the law of the kingdom, and natives of any +country at war with us, and merchants, who shall be treated as is above +provided) to leave our kingdom and to return, safe and secure by land and +water, except for a short period in time of war, on grounds of public +policy—reserving always the allegiance due to us. +</p> + +<p> +43. If any one holding of some escheat (such as the honor of Wallingford, +Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands +and are baronies) shall die, his heir shall give no other relief, and perform +no other service to us than he would have done to the baron, if that barony had +been in the baron’s hand; and we shall hold it in the same manner in +which the baron held it. +</p> + +<p> +44. Men who dwell without the forest need not henceforth come before our +justiciars of the forest upon a general summons, except those who are +impleaded, or who have become sureties for any person or persons attached for +forest offenses. +</p> + +<p> +45. We will appoint as justices, constables, sheriffs, or bailiffs only such as +know the law of the realm and mean to observe it well. +</p> + +<p> +46. All barons who have founded abbeys, concerning which they hold charters +from the kings of England, or of which they have long-continued possession, +shall have the wardship of them, when vacant, as they ought to have. +</p> + +<p> +47. All forests that have been made such in our time shall forthwith be +disafforested; and a similar course shall be followed with regard to +river-banks that have been placed “in defense” by us in our time. +</p> + +<p> +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river-banks and their wardens, shall +immediately be inquired into in each county by twelve sworn knights of the same +county chosen by the honest men of the same county, and shall, within forty +days of the said inquest, be utterly abolished, so as never to be restored, +provided always that we previously have intimation thereof, or our justiciar, +if we should not be in England. +</p> + +<p> +49. We will immediately restore all hostages and charters delivered to us by +Englishmen, as sureties of the peace or of faithful service. +</p> + +<p> +50. We will entirely remove from their bailiwicks, the relations of Gerard +Athee (so that in future they shall have no bailiwick in England); namely, +Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, +Geofrrey of Martigny with his brothers, Philip Mark with his brothers and his +nephew Geoffrey, and the whole brood of the same. +</p> + +<p> +51. As soon as peace is restored, we will banish from the kingdom all +foreign-born knights, cross-bowmen, serjeants, and mercenary soldiers, who have +come with horses and arms to the kingdom’s hurt. +</p> + +<p> +52. If any one has been dispossessed or removed by us, without the legal +judgment of his peers, from his lands, castles, franchises, or from his right, +we will immediately restore them to him; and if a dispute arise over this, then +let it be decided by the five-and-twenty barons of whom mention is made below +in the clause for securing the peace. Moreover, for all those possessions, from +which any one has, without the lawful judgment of his peers, be endisseised or +removed, by our father, King Henry, or by our brother, King Richard, and which +we retain in our hand (or which are possessed by others, to whom we are bound +to warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised, or an inquest made +by our order, before our taking of the cross; but as soon as were turn from our +expedition (or if perchance we desist from the expedition) we will immediately +grant full justice therein. +</p> + +<p> +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those forests +which Henry our father and Richard our brother afforested, and concerning +wardship of lands which are of the fief of another (namely, such wardships as +we have hitherto had by reason of a fief which any one held of us by +knight’s service), and concerning abbeys founded on other fiefs than our +own, in which the lord of the fief claims to have right; and when we have +returned, or if we desist from our expedition, we will immediately grant full +justice to all who complain of such things. +</p> + +<p> +54. No one shall be arrested or imprisoned upon the appeal of a woman, for the +death of any other than her husband. +</p> + +<p> +55. All fines made with us unjustly and against the law of the land, and all +amercements imposed unjustly and against the law of the land, shall be entirely +remitted, or else it shall be done concerning them according to the decision of +the five-and-twenty barons of whom mention is made below in the clause for +securing the peace, or according to the judgment of the majority of the same, +along with the aforesaid Stephen, archbishop of Canterbury, if he can be +present, and such others as he may wish to bring with him for this purpose, and +if he cannot be present the business shall nevertheless proceed without him, +provided always that if any one or more of the aforesaid five-and-twenty barons +are in a similar suit, they shall be removed as far as concerns this particular +judgment, others being substituted in their places after having been selected +by the rest of the same five-and-twenty for this purpose only, and after having +been sworn. +</p> + +<p> +56. If we have disseised or removed Welshmen from lands or liberties, or other +things, without the legal judgment of their peers in England or in Wales, they +shall be immediately restored to them; and if a dispute arise over this, then +let it be decided in the marches by the judgment of their peers; for tenements +in England according to the law of England, for tenements in Wales according to +the law of Wales, and for tenements in the marches according to the law of the +marches. Welshmen shall do the same to us and ours. +</p> + +<p> +57. Further, for all those possessions from which any Welshman has, without the +lawful judgment of his peers, been disseised or removed by King Henry our +father or King Richard our brother, and which we retain in our hand (or which +are possessed by others, to whom we are bound to warrant them) we shall have +respite until the usual term of crusaders; excepting those things about which a +plea has been raised or an inquest made by our order before we took the cross; +but as soon as we return (or if perchance we desist from our expedition), we +will immediately grant full justice in accordance with the laws of the Welsh +and in relation to the foresaid regions. +</p> + +<p> +58. We will immediately give up the son of Llywelyn and all the hostages of +Wales, and the charters delivered to us as security for the peace. +</p> + +<p> +59. We will do toward Alexander, King of Scots, concerning the return of his +sisters and his hostages, and concerning his franchises, and his right, in the +same manner as we shall do toward our other barons of England, unless it ought +to be otherwise according to the charters which we hold from William his +father, formerly King of Scots; and this shall be according to the judgment of +his peers in our court. +</p> + +<p> +60. Moreover, all these aforesaid customs and liberties, the observance of +which we have granted in our kingdom as far as pertains to us toward our men, +shall be observed by all of our kingdom, as well clergy as laymen, as far as +pertains to them toward their men. +</p> + +<p> +61. Since, moreover, for God and the amendment of our kingdom and for the +better allaying of the quarrel that has arisen between us and our barons, we +have granted all these concessions, desirous that they should enjoy them in +complete and firm endurance for ever, we give and grant to them the +underwritten security, namely, that the barons choose five-and-twenty barons of +the kingdom, whomsoever they will, who shall be bound with all their might, to +observe and hold, and cause to be observed, the peace and liberties we have +granted and confirmed to them by this our present Charter, so that if we, or +our justiciar, or our bailiffs or any one of our officers, shall in anything be +at fault toward any one, or shall have broken any one of the articles of the +peace or of this security, and the offense be notified to four barons of the +foresaid five-and-twenty, the said four barons shall repair to us (or our +justiciar, if we are out of the realm) and, laying the transgression before us, +petition to have that transgression redressed without delay. And if we shall +not have corrected the transgression (or, in the event of our being out of the +realm, if our justiciar shall not have corrected it) within forty days, +reckoning from the time it has been intimated to us (or to our justiciar, if we +should be out of the realm), the four barons aforesaid shall refer that matter +to the rest of the five-and-twenty barons, and those five-and-twenty barons +shall, together with the community of the whole land, distrain and distress us +in all possible ways, namely, by seizing our castles, lands, possessions, and +in any other way they can, until redress has been obtained as they deem fit, +saving harmless our own person, and the persons of our queen and children; and +when redress has been obtained, they shall resume their old relations toward +us. And let whoever in the country desires it, swear to obey the orders of the +said five-and-twenty barons for the execution of all the aforesaid matters, and +along with them, to molest us to the utmost of his power; and we publicly and +freely grant leave to every one who wishes to swear, and we shall never forbid +any one to swear. All those, moreover, in the land who of themselves and of +their own accord are unwilling to swear to the twenty-five to help them in +constraining and molesting us, we shall by our command compel the same to swear +to the effect aforesaid. And if any one of the five-and-twenty barons shall +have died or departed from the land, or be incapacitated in any other manner +which would prevent the foresaid provisions being carried out, those of the +said twenty-five barons who are left shall choose another in his place +according to their own judgment, and he shall be sworn in the same way as the +others. Further, in all matters, the execution of which is intrusted to these +twenty-five barons, if perchance these twenty-five are present, that which the +majority of those present ordain or command shall be held as fixed and +established, exactly as if the whole twenty-five had concurred in this; and the +said twenty-five shall swear that they will faithfully observe all that is +aforesaid, and cause it to be observed with all their might. And we shall +procure nothing from any one, directly or indirectly, whereby any part of these +concessions and liberties might be revoked or diminished; and if any such thing +has been procured, let it be void and null, and we shall never use it +personally or by another. +</p> + +<p> +62. And all the ill-will, hatreds, and bitterness that have arisen between us +and our men, clergy and lay, from the date of the quarrel, we have completely +remitted and pardoned every one. Moreover, all trespasses occasioned by the +said quarrel, from Easter in the sixteenth year of our reign till the +restoration of peace, we have fully remitted to all, both clergy and laymen, +and completely forgiven, as far as pertains to us. And, on this head, we have +caused to be made for them letters testimonial patent of the lord Stephen, +archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the +bishops aforesaid, and of Master Pandulf as touching this security and the +concessions aforesaid. +</p> + +<p> +63. 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. +</p> + +</div><!--end chapter--> + +<div class="chapter"> + +<h2><a name="chap03"></a>The text of THE MAGNA CARTA</h2> + +<p> +The Magna Carta (The Great Charter): +</p> + +<p> +Preamble: +</p> + +<p> +John, by the grace of God, king of England, lord of Ireland, duke of Normandy +and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, +barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his +bailiffs and liege subjects, greetings. Know that, having regard to God and for +the salvation of our soul, and those of all our ancestors and heirs, and unto +the honor of God and the advancement of his holy Church and for the rectifying +of our realm, we have granted as underwritten by advice 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, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of +Worcester, William of Coventry, Benedict of Rochester, bishops; of Master +Pandulf, subdeacon and member of the household of our lord the Pope, of brother +Aymeric (master of the Knights of the Temple in England), and of the +illustrious men William Marshal, earl of Pembroke, William, earl of Salisbury, +William, earl of Warenne, William, earl of Arundel, Alan of Galloway (constable +of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal +of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, +Philip d’Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and +others, our liegemen. +</p> + +<p> +1. In the first place we have granted to God, and by this our present charter +confirmed for us and our heirs forever that the English Church shall be free, +and shall have her rights entire, and her liberties inviolate; and we will that +it be thus observed; which is apparent from this that the freedom of elections, +which is reckoned most important and very essential to the English Church, we, +of our pure and unconstrained will, did grant, and did by our charter confirm +and did obtain the ratification of the same from our lord, Pope Innocent III, +before the quarrel arose between us and our barons: and this we will observe, +and our will is that it be observed in good faith by our heirs forever. We have +also granted to all freemen of our kingdom, for us and our heirs forever, all +the underwritten liberties, to be had and held by them and their heirs, of us +and our heirs forever. +</p> + +<p> +2. If any of our earls or barons, or others holding of us in chief by military +service shall have died, and at the time of his death his heir shall be full of +age and owe “relief”, he shall have his inheritance by the old +relief, to wit, the heir or heirs of an earl, for the whole baroncy of an earl +by L100; the heir or heirs of a baron, L100 for a whole barony; the heir or +heirs of a knight, 100s, at most, and whoever owes less let him give less, +according to the ancient custom of fees. +</p> + +<p> +3. If, however, the heir of any one of the aforesaid has been under age and in +wardship, let him have his inheritance without relief and without fine when he +comes of age. +</p> + +<p> +4. The guardian of the land of an heir who is thus under age, shall take from +the land of the heir nothing but reasonable produce, reasonable customs, and +reasonable services, and that without destruction or waste of men or goods; and +if we have committed the wardship of the lands of any such minor to the +sheriff, or to any other who is responsible to us for its issues, and he has +made destruction or waster of what he holds in wardship, we will take of him +amends, and the land shall be committed to two lawful and discreet men of that +fee, who shall be responsible for the issues to us or to him to whom we shall +assign them; and if we have given or sold the wardship of any such land to +anyone and he has therein made destruction or waste, he shall lose that +wardship, and it shall be transferred to two lawful and discreet men of that +fief, who shall be responsible to us in like manner as aforesaid. +</p> + +<p> +5. The guardian, moreover, so long as he has the wardship of the land, shall +keep up the houses, parks, fishponds, stanks, mills, and other things +pertaining to the land, out of the issues of the same land; and he shall +restore to the heir, when he has come to full age, all his land, stocked with +ploughs and wainage, according as the season of husbandry shall require, and +the issues of the land can reasonable bear. +</p> + +<p> +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have notice. +</p> + +<p> +7. A widow, after the death of her husband, shall forthwith and without +difficulty have her marriage portion and inheritance; nor shall she give +anything for her dower, or for her marriage portion, or for the inheritance +which her husband and she held on the day of the death of that husband; and she +may remain in the house of her husband for forty days after his death, within +which time her dower shall be assigned to her. +</p> + +<p> +8. No widow shall be compelled to marry, so long as she prefers to live without +a husband; provided always that she gives security not to marry without our +consent, if she holds of us, or without the consent of the lord of whom she +holds, if she holds of another. +</p> + +<p> +9. Neither we nor our bailiffs will seize any land or rent for any debt, as +long as the chattels of the debtor are sufficient to repay the debt; nor shall +the sureties of the debtor be distrained so long as the principal debtor is +able to satisfy the debt; and if the principal debtor shall fail to pay the +debt, having nothing wherewith to pay it, then the sureties shall answer for +the debt; and let them have the lands and rents of the debtor, if they desire +them, until they are indemnified for the debt which they have paid for him, +unless the principal debtor can show proof that he is discharged thereof as +against the said sureties. +</p> + +<p> +10. If one who has borrowed from the Jews any sum, great or small, die before +that loan be repaid, the debt shall not bear interest while the heir is under +age, of whomsoever he may hold; and if the debt fall into our hands, we will +not take anything except the principal sum contained in the bond. +</p> + +<p> +11. And if anyone die indebted to the Jews, his wife shall have her dower and +pay nothing of that debt; and if any children of the deceased are left under +age, necessaries shall be provided for them in keeping with the holding of the +deceased; and out of the residue the debt shall be paid, reserving, however, +service due to feudal lords; in like manner let it be done touching debts due +to others than Jews. +</p> + +<p> +12. No scutage not aid shall be imposed on our kingdom, unless by common +counsel of our kingdom, except for ransoming our person, for making our eldest +son a knight, and for once marrying our eldest daughter; and for these there +shall not be levied more than a reasonable aid. In like manner it shall be done +concerning aids from the city of London. +</p> + +<p> +13. And the city of London shall have all it ancient liberties and free +customs, as well by land as by water; furthermore, we decree and grant that all +other cities, boroughs, towns, and ports shall have all their liberties and +free customs. +</p> + +<p> +14. And for obtaining the common counsel of the kingdom anent the assessing of +an aid (except in the three cases aforesaid) or of a scutage, we will cause to +be summoned the archbishops, bishops, abbots, earls, and greater barons, +severally by our letters; and we will moveover cause to be summoned generally, +through our sheriffs and bailiffs, and others who hold of us in chief, for a +fixed date, namely, after the expiry of at least forty days, and at a fixed +place; and in all letters of such summons we will specify the reason of the +summons. And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, although +not all who were summoned have come. +</p> + +<p> +15. We will not for the future grant to anyone license to take an aid from his +own free tenants, except to ransom his person, to make his eldest son a knight, +and once to marry his eldest daughter; and on each of these occasions there +shall be levied only a reasonable aid. +</p> + +<p> +16. No one shall be distrained for performance of greater service for a +knight’s fee, or for any other free tenement, than is due therefrom. +</p> + +<p> +17. Common pleas shall not follow our court, but shall be held in some fixed +place. +</p> + +<p> +18. Inquests of novel disseisin, of mort d’ancestor, and of darrein +presentment shall not be held elsewhere than in their own county courts, and +that in manner following; We, or, if we should be out of the realm, our chief +justiciar, will send two justiciaries through every county four times a year, +who shall alone with four knights of the county chosen by the county, hold the +said assizes in the county court, on the day and in the place of meeting of +that court. +</p> + +<p> +19. And if any of the said assizes cannot be taken on the day of the county +court, let there remain of the knights and freeholders, who were present at the +county court on that day, as many as may be required for the efficient making +of judgments, according as the business be more or less. +</p> + +<p> +20. A freeman shall not be amerced for a slight offense, except in accordance +with the degree of the offense; and for a grave offense he shall be amerced in +accordance with the gravity of the offense, yet saving always his +“contentment”; and a merchant in the same way, saving his +“merchandise”; and a villein shall be amerced in the same way, +saving his “wainage” if they have fallen into our mercy: and none +of the aforesaid amercements shall be imposed except by the oath of honest men +of the neighborhood. +</p> + +<p> +21. Earls and barons shall not be amerced except through their peers, and only +in accordance with the degree of the offense. +</p> + +<p> +22. A clerk shall not be amerced in respect of his lay holding except after the +manner of the others aforesaid; further, he shall not be amerced in accordance +with the extent of his ecclesiastical benefice. +</p> + +<p> +23. No village or individual shall be compelled to make bridges at river banks, +except those who from of old were legally bound to do so. +</p> + +<p> +24. No sheriff, constable, coroners, or others of our bailiffs, shall hold +pleas of our Crown. +</p> + +<p> +25. All counties, hundred, wapentakes, and trithings (except our demesne +manors) shall remain at the old rents, and without any additional payment. +</p> + +<p> +26. If anyone holding of us a lay fief shall die, and our sheriff or bailiff +shall exhibit our letters patent of summons for a debt which the deceased owed +us, it shall be lawful for our sheriff or bailiff to attach and enroll the +chattels of the deceased, found upon the lay fief, to the value of that debt, +at the sight of law worthy men, provided always that nothing whatever be thence +removed until the debt which is evident shall be fully paid to us; and the +residue shall be left to the executors to fulfill the will of the deceased; and +if there be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. +</p> + +<p> +27. If any freeman shall die intestate, his chattels shall be distributed by +the hands of his nearest kinsfolk and friends, under supervision of the Church, +saving to every one the debts which the deceased owed to him. +</p> + +<p> +28. No constable or other bailiff of ours shall take corn or other provisions +from anyone without immediately tendering money therefor, unless he can have +postponement thereof by permission of the seller. +</p> + +<p> +29. No constable shall compel any knight to give money in lieu of castle-guard, +when he is willing to perform it in his own person, or (if he himself cannot do +it from any reasonable cause) then by another responsible man. Further, if we +have led or sent him upon military service, he shall be relieved from guard in +proportion to the time during which he has been on service because of us. +</p> + +<p> +30. No sheriff or bailiff of ours, or other person, shall take the horses or +carts of any freeman for transport duty, against the will of the said freeman. +</p> + +<p> +31. Neither we nor our bailiffs shall take, for our castles or for any other +work of ours, wood which is not ours, against the will of the owner of that +wood. +</p> + +<p> +32. We will not retain beyond one year and one day, the lands those who have +been convicted of felony, and the lands shall thereafter be handed over to the +lords of the fiefs. +</p> + +<p> +33. All kydells for the future shall be removed altogether from Thames and +Medway, and throughout all England, except upon the seashore. +</p> + +<p> +34. The writ which is called praecipe shall not for the future be issued to +anyone, regarding any tenement whereby a freeman may lose his court. +</p> + +<p> +35. Let there be one measure of wine throughout our whole realm; and one +measure of ale; and one measure of corn, to wit, “the London +quarter”; and one width of cloth (whether dyed, or russet, or +“halberget”), to wit, two ells within the selvedges; of weights +also let it be as of measures. +</p> + +<p> +36. Nothing in future shall be given or taken for a writ of inquisition of life +or limbs, but freely it shall be granted, and never denied. +</p> + +<p> +37. If anyone holds of us by fee-farm, either by socage or by burage, or of any +other land by knight’s service, we will not (by reason of that fee-farm, +socage, or burgage), have the wardship of the heir, or of such land of his as +if of the fief of that other; nor shall we have wardship of that fee-farm, +socage, or burgage, unless such fee-farm owes knight’s service. We will +not by reason of any small serjeancy which anyone may hold of us by the service +of rendering to us knives, arrows, or the like, have wardship of his heir or of +the land which he holds of another lord by knight’s service. +</p> + +<p> +38. No bailiff for the future shall, upon his own unsupported complaint, put +anyone to his “law”, without credible witnesses brought for this +purposes. +</p> + +<p> +39. No freemen shall be taken or imprisoned or disseised or exiled or in any +way destroyed, nor will we go upon him nor send upon him, except by the lawful +judgment of his peers or by the law of the land. +</p> + +<p> +40. To no one will we sell, to no one will we refuse or delay, right or +justice. +</p> + +<p> +41. All merchants shall have safe and secure exit from England, and entry to +England, with the right to tarry there and to move about as well by land as by +water, for buying and selling by the ancient and right customs, quit from all +evil tolls, except (in time of war) such merchants as are of the land at war +with us. And if such are found in our land at the beginning of the war, they +shall be detained, without injury to their bodies or goods, until information +be received by us, or by our chief justiciar, how the merchants of our land +found in the land at war with us are treated; and if our men are safe there, +the others shall be safe in our land. +</p> + +<p> +42. It shall be lawful in future for anyone (excepting always those imprisoned +or outlawed in accordance with the law of the kingdom, and natives of any +country at war with us, and merchants, who shall be treated as if above +provided) to leave our kingdom and to return, safe and secure by land and +water, except for a short period in time of war, on grounds of public policy- +reserving always the allegiance due to us. +</p> + +<p> +43. If anyone holding of some escheat (such as the honor of Wallingford, +Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands +and are baronies) shall die, his heir shall give no other relief, and perform +no other service to us than he would have done to the baron if that barony had +been in the baron’s hand; and we shall hold it in the same manner in +which the baron held it. +</p> + +<p> +44. Men who dwell without the forest need not henceforth come before our +justiciaries of the forest upon a general summons, unless they are in plea, or +sureties of one or more, who are attached for the forest. +</p> + +<p> +45. We will appoint as justices, constables, sheriffs, or bailiffs only such as +know the law of the realm and mean to observe it well. +</p> + +<p> +46. All barons who have founded abbeys, concerning which they hold charters +from the kings of England, or of which they have long continued possession, +shall have the wardship of them, when vacant, as they ought to have. +</p> + +<p> +47. All forests that have been made such in our time shall forthwith be +disafforsted; and a similar course shall be followed with regard to river banks +that have been placed “in defense” by us in our time. +</p> + +<p> +48. All evil customs connected with forests and warrens, foresters and +warreners, sheriffs and their officers, river banks and their wardens, shall +immediately by inquired into in each county by twelve sworn knights of the same +county chosen by the honest men of the same county, and shall, within forty +days of the said inquest, be utterly abolished, so as never to be restored, +provided always that we previously have intimation thereof, or our justiciar, +if we should not be in England. +</p> + +<p> +49. We will immediately restore all hostages and charters delivered to us by +Englishmen, as sureties of the peace of faithful service. +</p> + +<p> +50. We will entirely remove from their bailiwicks, the relations of Gerard of +Athee (so that in future they shall have no bailiwick in England); namely, +Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, +Geoffrey of Martigny with his brothers, Philip Mark with his brothers and his +nephew Geoffrey, and the whole brood of the same. +</p> + +<p> +51. As soon as peace is restored, we will banish from the kingdom all foreign +born knights, crossbowmen, serjeants, and mercenary soldiers who have come with +horses and arms to the kingdom’s hurt. +</p> + +<p> +52. If anyone has been dispossessed or removed by us, without the legal +judgment of his peers, from his lands, castles, franchises, or from his right, +we will immediately restore them to him; and if a dispute arise over this, then +let it be decided by the five and twenty barons of whom mention is made below +in the clause for securing the peace. Moreover, for all those possessions, from +which anyone has, without the lawful judgment of his peers, been disseised or +removed, by our father, King Henry, or by our brother, King Richard, and which +we retain in our hand (or which as possessed by others, to whom we are bound to +warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised, or an inquest made +by our order, before our taking of the cross; but as soon as we return from the +expedition, we will immediately grant full justice therein. +</p> + +<p> +53. We shall have, moreover, the same respite and in the same manner in +rendering justice concerning the disafforestation or retention of those forests +which Henry our father and Richard our brother afforested, and concerning the +wardship of lands which are of the fief of another (namely, such wardships as +we have hitherto had by reason of a fief which anyone held of us by +knight’s service), and concerning abbeys founded on other fiefs than our +own, in which the lord of the fee claims to have right; and when we have +returned, or if we desist from our expedition, we will immediately grant full +justice to all who complain of such things. +</p> + +<p> +54. No one shall be arrested or imprisoned upon the appeal of a woman, for the +death of any other than her husband. +</p> + +<p> +55. All fines made with us unjustly and against the law of the land, and all +amercements, imposed unjustly and against the law of the land, shall be +entirely remitted, or else it shall be done concerning them according to the +decision of the five and twenty barons whom mention is made below in the clause +for securing the pease, or according to the judgment of the majority of the +same, along with the aforesaid Stephen, archbishop of Canterbury, if he can be +present, and such others as he may wish to bring with him for this purpose, and +if he cannot be present the business shall nevertheless proceed without him, +provided always that if any one or more of the aforesaid five and twenty barons +are in a similar suit, they shall be removed as far as concerns this particular +judgment, others being substituted in their places after having been selected +by the rest of the same five and twenty for this purpose only, and after having +been sworn. +</p> + +<p> +56. If we have disseised or removed Welshmen from lands or liberties, or other +things, without the legal judgment of their peers in England or in Wales, they +shall be immediately restored to them; and if a dispute arise over this, then +let it be decided in the marches by the judgment of their peers; for the +tenements in England according to the law of England, for tenements in Wales +according to the law of Wales, and for tenements in the marches according to +the law of the marches. Welshmen shall do the same to us and ours. +</p> + +<p> +57. Further, for all those possessions from which any Welshman has, without the +lawful judgment of his peers, been disseised or removed by King Henry our +father, or King Richard our brother, and which we retain in our hand (or which +are possessed by others, and which we ought to warrant), we will have respite +until the usual term of crusaders; excepting those things about which a plea +has been raised or an inquest made by our order before we took the cross; but +as soon as we return (or if perchance we desist from our expedition), we will +immediately grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. +</p> + +<p> +58. We will immediately give up the son of Llywelyn and all the hostages of +Wales, and the charters delivered to us as security for the peace. +</p> + +<p> +59. We will do towards Alexander, king of Scots, concerning the return of his +sisters and his hostages, and concerning his franchises, and his right, in the +same manner as we shall do towards our other barons of England, unless it ought +to be otherwise according to the charters which we hold from William his +father, formerly king of Scots; and this shall be according to the judgment of +his peers in our court. +</p> + +<p> +60. Moreover, all these aforesaid customs and liberties, the observances of +which we have granted in our kingdom as far as pertains to us towards our men, +shall be observed b all of our kingdom, as well clergy as laymen, as far as +pertains to them towards their men. +</p> + +<p> +61. Since, moveover, for God and the amendment of our kingdom and for the +better allaying of the quarrel that has arisen between us and our barons, we +have granted all these concessions, desirous that they should enjoy them in +complete and firm endurance forever, we give and grant to them the underwritten +security, namely, that the barons choose five and twenty barons of the kingdom, +whomsoever they will, who shall be bound with all their might, to observe and +hold, and cause to be observed, the peace and liberties we have granted and +confirmed to them by this our present Charter, so that if we, or our justiciar, +or our bailiffs or any one of our officers, shall in anything be at fault +towards anyone, or shall have broken any one of the articles of this peace or +of this security, and the offense be notified to four barons of the foresaid +five and twenty, the said four barons shall repair to us (or our justiciar, if +we are out of the realm) and, laying the transgression before us, petition to +have that transgression redressed without delay. And if we shall not have +corrected the transgression (or, in the event of our being out of the realm, if +our justiciar shall not have corrected it) within forty days, reckoning from +the time it has been intimated to us (or to our justiciar, if we should be out +of the realm), the four barons aforesaid shall refer that matter to the rest of +the five and twenty barons, and those five and twenty barons shall, together +with the community of the whole realm, distrain and distress us in all possible +ways, namely, by seizing our castles, lands, possessions, and in any other way +they can, until redress has been obtained as they deem fit, saving harmless our +own person, and the persons of our queen and children; and when redress has +been obtained, they shall resume their old relations towards us. And let +whoever in the country desires it, swear to obey the orders of the said five +and twenty barons for the execution of all the aforesaid matters, and along +with them, to molest us to the utmost of his power; and we publicly and freely +grant leave to everyone who wishes to swear, and we shall never forbid anyone +to swear. +</p> + +<p> +All those, moveover, in the land who of themselves and of their own accord are +unwilling to swear to the twenty five to help them in constraining and +molesting us, we shall by our command compel the same to swear to the effect +foresaid. And if any one of the five and twenty barons shall have died or +departed from the land, or be incapacitated in any other manner which would +prevent the foresaid provisions being carried out, those of the said twenty +five barons who are left shall choose another in his place according to their +own judgment, and he shall be sworn in the same way as the others. Further, in +all matters, the execution of which is entrusted to these twenty five barons, +if perchance these twenty five are present and disagree about anything, or if +some of them, after being summoned, are unwilling or unable to be present, that +which the majority of those present ordain or command shall be held as fixed +and established, exactly as if the whole twenty five had concurred in this; and +the said twenty five shall swear that they will faithfully observe all that is +aforesaid, and cause it to be observed with all their might. And we shall +procure nothing from anyone, directly or indirectly, whereby any part of these +concessions and liberties might be revoked or diminished; and if any such +things has been procured, let it be void and null, and we shall never use it +personally or by another. +</p> + +<p> +62. And all the will, hatreds, and bitterness that have arisen between us and +our men, clergy and lay, from the date of the quarrel, we have completely +remitted and pardoned to everyone. Moreover, all trespasses occasioned by the +said quarrel, from Easter in the sixteenth year of our reign till the +restoration of peace, we have fully remitted to all, both clergy and laymen, +and completely forgiven, as far as pertains to us. And on this head, we have +caused to be made for them letters testimonial patent of the lord Stephen, +archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the +bishops aforesaid, and of Master Pandulf as touching this security and the +concessions aforesaid. +</p> + +<p> +63. Wherefore we will and firmly order 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 forever, 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. +</p> + +</div><!--end chapter--> + +<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK THE MAGNA CARTA ***</div> +<div style='text-align:left'> + +<div style='display:block; margin:1em 0'> +Updated editions will replace the previous one—the old editions will +be renamed. +</div> + +<div style='display:block; margin:1em 0'> +Creating the works from print editions not protected by U.S. copyright +law means that no one owns a United States copyright in these works, +so the Foundation (and you!) can copy and distribute it in the United +States without permission and without paying copyright +royalties. 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You may copy it, give it away or re-use it under the terms of +the Project Gutenberg License included with this eBook or online at +www.gutenberg.org. If you are not located in the United States, you'll have +to check the laws of the country where you are located before using this ebook. + +Title: The Magna Carta + +Author: Anonymous + +Posting Date: April 4, 2015 [EBook #10000] +Release Date: February, 2006 +First Posted: October 26, 2003 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE MAGNA CARTA *** + + + + +Produced by Michael Hart + + + + + + + + + + +A note from Michael Hart, preparer of the 0.1 version. + +This file contains a number of versions of the Magna Carta, +some of which were a little mangled in transit. I am sure +our volunteers will find and correct errors I didn't catch, +and that version 0.2 - 1.0 will have significant improvements, +as well as at least one more version in Latin. + +Version 1.0 may contain a dozen different versions. + + + + + +The Text of Magna Carta + +JOHN, by the grace of God King of England, Lord of Ireland, Duke of +Normandy and Aquitaine, and Count of Anjou, to his archbishops, +bishops, abbots, earls, barons, justices, foresters, sheriffs, +stewards, servants, and to all his officials and loyal subjects, +Greeting. + +KNOW THAT BEFORE GOD, for the health of our soul and those of our +ancestors and heirs, to the honour of God, the exaltation of the holy +Church, and the better ordering of our kingdom, at the advice of our +reverend fathers Stephen, archbishop of Canterbury, primate of all +England, and cardinal of the holy Roman Church, Henry archbishop of +Dublin, William bishop of London, Peter bishop of Winchester, Jocelin +bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop +of Worcester, William bishop of Coventry, Benedict bishop of +Rochester, Master Pandulf subdeacon and member of the papal household, +Brother Aymeric master of the knighthood of the Temple in England, +William Marshal earl of Pembroke, William earl of Salisbury, William +earl of Warren, William earl of Arundel, Alan de Galloway constable of +Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh +seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas +Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, +John Fitz Hugh, and other loyal subjects: + +(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter +have confirmed for us and our heirs in perpetuity, that the English +Church shall be free, and shall have its rights undiminished, and its +liberties unimpaired. That we wish this so to be observed, appears +from the fact that of our own free will, before the outbreak of the +present dispute between us and our barons, we granted and confirmed by +charter the freedom of the Church's elections - a right reckoned to be +of the greatest necessity and importance to it - and caused this to be +confirmed by Pope Innocent III. This freedom we shall observe ourselves, +and desire to be observed in good faith by our heirs in perpetuity. + +TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our +heirs for ever, all the liberties written out below, to have and to +keep for them and their heirs, of us and our heirs: + +(2) If any earl, baron, or other person that holds lands directly of +the Crown, for military service, shall die, and at his death his heir +shall be of full age and owe a `relief', the heir shall have his +inheritance on payment of the ancient scale of `relief'. That is to +say, the heir or heirs of an earl shall pay 100 for the entire earl's +barony, the heir or heirs of a knight 100s. at most for the entire +knight's `fee', and any man that owes less shall pay less, in +accordance with the ancient usage of `fees' + +(3) But if the heir of such a person is under age and a ward, when he +comes of age he shall have his inheritance without `relief' or fine. + +(4) The guardian of the land of an heir who is under age shall take +from it only reasonable revenues, customary dues, and feudal services. +He shall do this without destruction or damage to men or property. If +we have given the guardianship of the land to a sheriff, or to any +person answerable to us for the revenues, and he commits destruction +or damage, we will exact compensation from him, and the land shall be +entrusted to two worthy and prudent men of the same `fee', who shall +be answerable to us for the revenues, or to the person to whom we have +assigned them. If we have given or sold to anyone the guardianship of +such land, and he causes destruction or damage, he shall lose the +guardianship of it, and it shall be handed over to two worthy and +prudent men of the same `fee', who shall be similarly answerable to +us. + +(5) For so long as a guardian has guardianship of such land, he shall +maintain the houses, parks, fish preserves, ponds, mills, and +everything else pertaining to it, from the revenues of the land +itself. When the heir comes of age, he shall restore the whole land to +him, stocked with plough teams and such implements of husbandry as the +season demands and the revenues from the land can reasonably bear. + +(6) Heirs may be given in marriage, but not to someone of lower social +standing. Before a marriage takes place, it shall be' made known to +the heir's next-of-kin. + +(7) At her husband's death, a widow may have her marriage portion and +inheritance at once and without trouble. She shall pay nothing for her +dower, marriage portion, or any inheritance that she and her husband +held jointly on the day of his death. She may remain in her husband's +house for forty days after his death, and within this period her dower +shall be assigned to her. + +(8) No widow shall be compelled to marry, so long as she wishes to +remain without a husband. But she must give security that she will not +marry without royal consent, if she holds her lands of the Crown, or +without the consent of whatever other lord she may hold them of. + +(9) Neither we nor our officials will seize any land or rent in +payment of a debt, so long as the debtor has movable goods sufficient +to discharge the debt. A debtor's sureties shall not be distrained +upon so long as the debtor himself can discharge his debt. If, for +lack of means, the debtor is unable to discharge his debt, his +sureties shall be answerable for it. If they so desire, they may have +the debtor's lands and rents until they have received satisfaction for +the debt that they paid for him, unless the debtor can show that he +has settled his obligations to them. + +(10) If anyone who has borrowed a sum of money from Jews dies before +the debt has been repaid, his heir shall pay no interest on the debt +for so long as he remains under age, irrespective of whom he holds his +lands. If such a debt falls into the hands of the Crown, it will take +nothing except the principal sum specified in the bond. + +(11) If a man dies owing money to Jews, his wife may have her dower +and pay nothing towards the debt from it. If he leaves children that +are under age, their needs may also be provided for on a scale +appropriate to the size of his holding of lands. The debt is to be +paid out of the residue, reserving the service due to his feudal lords. +Debts owed to persons other than Jews are to be dealt with similarly. + +(12) No `scutage' or `aid' may be levied in our kingdom without its +general consent, unless it is for the ransom of our person, to make +our eldest son a knight, and (once) to marry our eldest daughter. For +these purposes only a reasonable `aid' may be levied. `Aids' from the +city of London are to be treated similarly. + +(13) The city of London shall enjoy all its ancient liberties and +free customs, both by land and by water. We also will and grant that +all other cities, boroughs, towns, and ports shall enjoy all their +liberties and free customs. + + (14) To obtain the general consent of the realm for the assessment +of an `aid' - except in the three cases specified above - or a +`scutage', we will cause the archbishops, bishops, abbots, earls, and +greater barons to be summoned individually by letter. To those who +hold lands directly of us we will cause a general summons to be +issued, through the sheriffs and other officials, to come together on +a fixed day (of which at least forty days notice shall be given) and +at a fixed place. In all letters of summons, the cause of the summons +will be stated. When a summons has been issued, the business appointed +for the day shall go forward in accordance with the resolution of +those present, even if not all those who were summoned have appeared. + +(15) In future we will allow no one to levy an `aid' from his free +men, except to ransom his person, to make his eldest son a knight, and +(once) to marry his eldest daughter. For these purposes only a +reasonable `aid' may be levied. + +(16) No man shall be forced to perform more service for a knight's +`fee', or other free holding of land, than is due from it. + +(17) Ordinary lawsuits shall not follow the royal court around, but +shall be held in a fixed place. + +(18) Inquests of novel disseisin, mort d'ancestor, and darrein +presentment shall be taken only in their proper county court. We +ourselves, or in our absence abroad our chief justice, will send two +justices to each county four times a year, and these justices, with +four knights of the county elected by the county itself, shall hold +the assizes in the county court, on the day and in the place where the +court meets. + +(19) If any assizes cannot be taken on the day of the county court, as +many knights and freeholders shall afterwards remain behind, of those +who have attended the court, as will suffice for the administration of +justice, having regard to the volume of business to be done. + +(20) For a trivial offence, a free man shall be fined only in +proportion to the degree of his offence, and for a serious offence +correspondingly, but not so heavily as to deprive him of his +livelihood. In the same way, a merchant shall be spared his +merchandise, and a husbandman the implements of his husbandry, if they +fall upon the mercy of a royal court. None of these fines shall be +imposed except by the assessment on oath of reputable men of the +neighbourhood. + +(21) Earls and barons shall be fined only by their equals, and in +proportion to the gravity of their offence. + +(22) A fine imposed upon the lay property of a clerk in holy orders +shall be assessed upon the same principles, without reference to the +value of his ecclesiastical benefice. + +(23) No town or person shall be forced to build bridges over rivers +except those with an ancient obligation to do so. + +(24) No sheriff, constable, coroners, or other royal officials are to +hold lawsuits that should be held by the royal justices. + +(25) Every county, hundred, wapentake, and tithing shall remain at +its ancient rent, without increase, except the royal demesne manors. + +(26) If at the death of a man who holds a lay `fee' of the Crown, a +sheriff or royal official produces royal letters patent of summons for +a debt due to the Crown, it shall be lawful for them to seize and list +movable goods found in the lay `fee' of the dead man to the value of +the debt, as assessed by worthy men. Nothing shall be removed until +the whole debt is paid, when the residue shall be given over to the +executors to carry out the dead man's will. If no debt is due to the +Crown, all the movable goods shall be regarded as the property of the +dead man, except the reasonable shares of his wife and children. + +(27) If a free man dies intestate, his movable goods are to be +distributed by his next-of-kin and friends, under the supervision of +the Church. The rights of his debtors are to be preserved. + +(28) No constable or other royal official shall take corn or other +movable goods from any man without immediate payment, unless the +seller voluntarily offers postponement of this. + +(29) No constable may compel a knight to pay money for castle-guard if +the knight is willing to undertake the guard in person, or with +reasonable excuse to supply some other fit man to do it. A knight +taken or sent on military service shall be excused from castle-guard +for the period of this service. + +(30) No sheriff, royal official, or other person shall take horses or +carts for transport from any free man, without his consent. + +(31) Neither we nor any royal official will take wood for our castle, +or for any other purpose, without the consent of the owner. + +(32) We will not keep the lands of people convicted of felony in our +hand for longer than a year and a day, after which they shall be +returned to the lords of the `fees' concerned. + +(33) All fish-weirs shall be removed from the Thames, the Medway, and +throughout the whole of England, except on the sea coast. + +(34) The writ called precipe shall not in future be issued to anyone +in respect of any holding of land, if a free man could thereby be +deprived of the right of trial in his own lord's court. + +(35) There shall be standard measures of wine, ale, and corn (the +London quarter), throughout the kingdom. There shall also be a +standard width of dyed cloth, russett, and haberject, namely two ells +within the selvedges. Weights are to be standardised similarly. + +(36) In future nothing shall be paid or accepted for the issue of a +writ of inquisition of life or limbs. It shall be given gratis, and +not refused. + +(37) If a man holds land of the Crown by `fee-farm', `socage', or +`burgage', and also holds land of someone else for knight's service, +we will not have guardianship of his heir, nor of the land that +belongs to the other person's `fee', by virtue of the `fee-farm', +`socage', or `burgage', unless the `fee-farm' owes knight's service. +We will not have the guardianship of a man's heir, or of land that he +holds of someone else, by reason of any small property that he may +hold of the Crown for a service of knives, arrows, or the like. + +(38) In future no official shall place a man on trial upon his own +unsupported statement, without producing credible witnesses to the +truth of it. + +(39) No free man shall be seized or imprisoned, or stripped of his +rights or possessions, or outlawed or exiled, or deprived of his +standing in any other way, nor will we proceed with force against him, +or send others to do so, except by the lawful judgement of his equals +or by the law of the land. + +(40) To no one will we sell, to no one deny or delay right or justice. + +(41) All merchants may enter or leave England unharmed and without +fear, and may stay or travel within it, by land or water, for purposes +of trade, free from all illegal exactions, in accordance with ancient +and lawful customs. This, however, does not apply in time of war to +merchants from a country that is at war with us. Any such merchants +found in our country at the outbreak of war shall be detained without +injury to their persons or property, until we or our chief justice +have discovered how our own merchants are being treated in the country +at war with us. If our own merchants are safe they shall be safe too. + +(42) In future it shall be lawful for any man to leave and return to +our kingdom unharmed and without fear, by land or water, preserving +his allegiance to us, except in time of war, for some short period, +for the common benefit of the realm. People that have been imprisoned +or outlawed in accordance with the law of the land, people from a +country that is at war with us, and merchants - who shall be dealt +with as stated above - are excepted from this provision. + +(43) If a man holds lands of any `escheat' such as the `honour' of +Wallingford, Nottingham, Boulogne, Lancaster, or of other `escheats' +in our hand that are baronies, at his death his heir shall give us +only the `relief' and service that he would have made to the baron, +had the barony been in the baron's hand. We will hold the `escheat' in +the same manner as the baron held it. + +(44) People who live outside the forest need not in future appear +before the royal justices of the forest in answer to general +summonses, unless they are actually involved in proceedings or are +sureties for someone who has been seized for a forest offence. + +(45) We will appoint as justices, constables, sheriffs, or other +officials, only men that know the law of the realm and are minded to +keep it well. + +(46) All barons who have founded abbeys, and have charters of English +kings or ancient tenure as evidence of this, may have guardianship of +them when there is no abbot, as is their due. + +(47) All forests that have been created in our reign shall at once be +disafforested. River-banks that have been enclosed in our reign shall +be treated similarly. + +(48) All evil customs relating to forests and warrens, foresters, +warreners, sheriffs and their servants, or river-banks and their +wardens, are at once to be investigated in every county by twelve +sworn knights of the county, and within forty days of their enquiry +the evil customs are to be abolished completely and irrevocably. But +we, or our chief justice if we are not in England, are first to be +informed. + +(49) We will at once return all hostages and charters delivered up +to us by Englishmen as security for peace or for loyal service. +***here were some strange characters, not completely removed + +(50) We will remove completely from their offices the kinsmen of +Gerard de Ath, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in +future they shall hold no offices in England. The +people in question are Engelard de Cigogn, Geoffrey de Martigny and his +brothers, Philip Marc and his brothers, with Geoffrey his nephew, +and all their followers. + +* As soon as peace is restored, we will remove from the kingdom all +the foreign knights, bowmen, their attendants, and the mercenaries +that have come to it, to its harm, with horses and arms. + +* To any man whom we have deprived or dispossessed of lands, +castles, liberties, or rights, without the lawful judgement of his +equals, we will at once restore these. In cases of dispute the +matter shall be resolved by the judgement of the twenty-five +barons referred to below in the clause for securing the peace. In +cases, however, where a man was deprived or dispossessed of +something without the lawful judgement of his equals by our father +King Henry or our brother King Richard, and it remains in our +hands or is held by others under our warranty, we shall have +respite for the period commonly allowed to Crusaders, unless a +lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. On our return from the +Crusade, or if we abandon it, we will at once render justice in +full. + +* We shall have similar respite in rendering justice in connexion +with forests that are to be disafforested, or to remain forests, +when these were first aforested by our father Henry or our brother +Richard; with the guardianship of lands in another persons fee, +when we have hitherto had this by virtue of a fee held of us for +knights service by a third party; and with abbeys founded in +another persons fee, in which the lord of the fee claims to own a +right. On our return from the Crusade, or if we abandon it, we +will at once do full justice to complaints about these matters. + +* No one shall be arrested or imprisoned on the appeal of a woman +for the death of any person except her husband. + +* All fines that have been given to us unjustly and against the law +of the land, and all fines that we have exacted unjustly, shall be +entirely remitted or the matter decided by a majority judgement of +the twenty-five barons referred to below in the clause for +securing the peace together with Stephen, archbishop of +Canterbury, if he can be present, and such others as he wishes to +bring with him. If the archbishop cannot be present, proceedings +shall continue without him, provided that if any of the +twenty-five barons has been involved in a similar suit himself, +his judgement shall be set aside, and someone else chosen and +sworn in his place, as a substitute for the single occasion, by +the rest of the twenty-five. + +* If we have deprived or dispossessed any Welshmen of lands, +liberties, or anything else in England or in Wales, without the +lawful judgement of their equals, these are at once to be returned +to them. A dispute on this point shall be determined in the +Marches by the judgement of equals. English law shall apply to +holdings of land in England, Welsh law to those in Wales, and the +law of the Marches to those in the Marches. The Welsh shall treat +us and ours in the same way. + +* In cases where a Welshman was deprived or dispossessed of +anything, without the lawful judgement of his equals, by our +father King Henry or our brother King Richard, and it remains in +our hands or is held by others under our warranty, we shall have +respite for the period commonly allowed to Crusaders, unless a +lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. But on our return from the +Crusade, or if we abandon it, we will at once do full justice +according to the laws of Wales and the said regions. + +* We will at once return the son of Llywelyn, all Welsh hostages, +and the charters delivered to us as security for the peace. + +* With regard to the return of the sisters and hostages of +Alexander, king of Scotland, his liberties and his rights, we will +treat him in the same way as our other barons of England, unless +it appears from the charters that we hold from his father William, +formerly king of Scotland, that he should be treated otherwise. +This matter shall be resolved by the judgement of his equals in +our court. + +* All these customs and liberties that we have granted shall be +observed in our kingdom in so far as concerns our own relations +with our subjects. Let all men of our kingdom, whether clergy or +laymen, observe them similarly in their relations with their own +men. + +***Strange characters may have ended here. + +SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better +ordering of our kingdom, and to allay the discord that has arisen +between us and our barons, and since we desire that they shall be +enjoyed in their entirety, with lasting strength, for ever, we give +and grant to the barons the following security: + +* The barons shall elect twenty-five of their number to keep, and +cause to be observed with all their might, the peace and liberties +granted and confirmed to them by this charter. + +* If we, our chief justice, our officials, or any of our servants +offend in any respect against any man, or transgress any of the +articles of the peace or of this security, and the offence is made +known to four of the said twenty-five barons, they shall come to +us - or in our absence from the kingdom to the chief justice - to +declare it and claim immediate redress. If we, or in our absence +abroad the chief justice, make no redress within forty days, +reckoning from the day on which the offence was declared to us or +to him, the four barons shall refer the matter to the rest of the +twenty-five barons, who may distrain upon and assail us in every +way possible, with the support of the whole community of the land, +by seizing our castles, lands, possessions, or anything else +saving only our own person and those of the queen and our +children, until they have secured such redress as they have +determined upon. Having secured the redress, they may then resume +their normal obedience to us. + +* Any man who so desires may take an oath to obey the commands of +the twenty-five barons for the achievement of these ends, and to +join with them in assailing us to the utmost of his power. We give +public and free permission to take this oath to any man who so +desires, and at no time will we prohibit any man from taking it. +Indeed, we will compel any of our subjects who are unwilling to +take it to swear it at our command. + +* If one of the twenty-five barons dies or leaves the country, or is +prevented in any other way from discharging his duties, the rest +of them shall choose another baron in his place, at their +discretion, who shall be duly sworn in as they were. + +* In the event of disagreement among the twenty-five barons on any +matter referred to them for decision, the verdict of the majority +present shall have the same validity as a unanimous verdict of the +whole twenty-five, whether these were all present or some of those +summoned were unwilling or unable to appear. + +* The twenty-five barons shall swear to obey all the above articles +faithfully, and shall cause them to be obeyed by others to the +best of their power. + +* We will not seek to procure from anyone, either by our own efforts +or those of a third party, anything by which any part of these +concessions or liberties might be revoked or diminished. Should +such a thing be procured, it shall be null and void and we will at +no time make use of it, either ourselves or through a third party. + +We have remitted and pardoned fully to all men any ill-will, hurt, or +grudges that have arisen between us and our subjects, whether clergy +or laymen, since the beginning of the dispute. +We have in addition remitted fully, and for our own part have also +pardoned, to all clergy and laymen any offences committed as a result +of the said dispute between Easter 1215 AD and the restoration of +peace. + +In addition we have caused letters patent to be made for the barons, +bearing witness to this security and to the concessions set out above, +over the seals of Stephen archbishop of Canterbury, Henry archbishop +of Dublin, the other bishops named above, and Master Pandulf. + +IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall +be free, and that men in our kingdom shall have and keep all these +liberties, rights, and concessions, well and peaceably in their +fulness and entirety for them and their heirs, of us and our heirs, in +all things and all places for ever. + +Both we and the barons have sworn that all this shall be observed in +good faith and without deceit. Witness the above mentioned people and +many others. + +Given by our hand in the meadow that is called Runnymede, between +Windsor and Staines, on the fifteenth day of June in the seventeenth +year of our reign. + +*** + +[There were many missing spaces in this one, not sure I got them all] + +Magna Carta 1215 + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishops, +bishops, abbots, earls, barons, justiciars, foresters, sheriffs, +stewards, servants, and to all his bailiffs and liege subjects, +greeting. Know that, having regard to God and for the salvation of our +soul, and those of all our ancestors and heirs, and unto the honor of +God and the advancement of holy church, and for the reform of +our realm, by advice 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, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of +Worcester, William of Coventry, Benedict of Rochester, bishops; of +master Pandulf, subdeacon and member of the household of our lord the +Pope, of brother Aymeric (master of the Knights of the Temple in +England), and of the illustrious men William Marshall earl of Pembroke, +William earl of Salisbury, William earl of Warenne, William earl +of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz +Gerald, Peter Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh +de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip +d'Aubigny, Robert of Roppesley, John Marshall, John Fitz Hugh, and +others, our liegemen. + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs for ever that the English church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent from +this that the freedom of elections, which is reckoned most important +and very essential to the English church, we, of our pure and +unconstrained will, did grant, and did by our charter confirm and did +obtain the ratification of the same from our lord, Pope Innocent +III., before the quarrel arose between us and our barons: and this we +will observe, and our will is that it be observed in good faith by our +heirs for ever. We have also granted to all freemen of our kingdom, for +us and our heirs for ever, all the underwritten liberties, to be had +and held by them and their heirs, of us and our heirs for ever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his heir +shall be of full age and owe "relief" he shall have his inheritance on +payment of the ancient relief, namely the heir or heirs of an earl, 100 +pounds for a whole earl's barony; the heir or heirs of a baron, 100 +pounds for a whole barony; the heir or heirs of a knight, 100 shillings +at most for a whole knight's fee; and whoever owes less let him give +less, according to the ancient custom officers. + +3. If, however, the heir of any of the aforesaid has been under age +and in wardship, let him have his inheritance without relief and +without fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonably produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any other +who is responsible to us for its issues, and he has made destruction or +waste of what he holds in wardship, we will take of him amends, and the +land shall be committed to two lawful and discreet men of that fee, who +shall be responsible for the issues to us or to him to whom we +shall assign them; and if we have given or sold the wardship of any +such land to anyone and he has there in made destruction or waste, he +shall lose that wardship, and it shall be transferred to two lawful and +discreet men of that fief, who shall be responsible to us in like +manner as aforesaid. + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and "waynage," according as the season of +husbandry shall require, and the issues of the land can reasonably bear. + +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have notice. + +7. A widow, after the death of her husband, shall forthwith and +without difficulty have her marriage portion and inheritance; nor shall +she give anything for her dower, or for her marriage portion, or for +the inheritance which her husband and she held on the day of the death +of that husband; and she may remain in the house of her husband for +fourty days after his death, within which time her dower shall be +assigned to her. + +8. No widow shall be compelled to marry, so long as she prefers to +live without a husband; provided always that she gives security not to +marry without our consent, if she holds of us, or without the consent +of the lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs shall seize any land or rent for any +debt, so long as the chattels of the debtor are sufficient to repay the +debt; nor shall the sureties of the debtor be distrained so long as the +principal debtor is able to satisfy the debt; and if the principal +debtor shall fail to pay the debt, having nothing wherewith to pay it, +then the sureties shall answer for the debt; and let them have the +lands and rents of the debtor, if they desire them, until they are +indemnified for the debt which they have paid for him, unless the +principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan can be repaid, the debt shall not bear interest while +the heir is under age, of whomsoever he may hold; and if the debt fall +into our hands, we will not take anything except the principal sum +contained in the bond. + +11. And if any one die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the deceased +are left underage, necessaries shall be provided for them in keeping +with the holding of the deceased; and out of the residue the debt shall +be paid, reserving, however, service due to feudal lords; in like +manner let it be done touching debts due to others than Jews. + +12. No scutage nor aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all its ancient liberties and +free customs, as well by land as by water; furthermore, we decree and +grant that all other cities, boroughs, towns, and ports shall have all +their liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, abbots, +earls, and greater barons, severally by our letters; and we will +moreover cause to be summoned generally, through our sheriffs and +bailiffs, all others who hold of us in chief, for a fixed date, namely, +after the expiry of at least forty days, and at a fixed place; and in +all letters of such summons we will specify the reason of the summons. +And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, +although not all who were summoned have come. + +15. We will not for the future grant to any one license to take an aid +from his own free tenants, except to ransom his body, to make his +eldest son a knight, and once to marry his eldest daughter; and on +each of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for +a knight's fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d'ancester, and of darrein +presentment, shall not be held elsewhere than in their own county +courts and that in manner following,--We, or, if we should be out of +the realm, our chief justiciar, will send two justiciars through +every county four times a year, who shall, along with four knights of +the county chosen by the county, hold the said assize in the county +court, on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who were +present at the county court on that day, as many as may be required for +the efficient making of judgments, according as the business be more or +less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his "contentment;" and a merchant in the same way, saving +his "merchandise;" and a villein shall be amerced in the same way, +saving his "wainage"--if they have fallen into our mercy: and none of +the aforesaid amercements shall be impsed except by the oath of honest +men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river-banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundreds, wapentakes, and trithings (except our +demesne manors) shall remain at old rents, and without any additional +payment.***here may be an error + +26. If any one holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed to us, it shall be lawful for our sheriff or bailiff +to attach and catalogue chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law-worthy men, +provided always that nothing whatever be then be removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfil the will of the deceased; and if there +be nothing due from him to us, all the chattels shall go to +the deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from any one without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu +of castle-guard, when he is willing to perform it in his own person, or +(if he cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands of those +who have been convicted of felony, and the lands shall thereafter be +handed over to the lords of the fiefs. + +33. All kiddles for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future +be issued to any one, regarding any tenement whereby a freeman may lose +his court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, "the London +quarter;" and one width of cloth (whether dyed, or russet, or +"halberget"), to wit, two ells within the selvages; of weights also let +it be as of measures. + +36. Nothing in future shall be given or taken for a writ of inquisition +of life or limbs, but freely it shall be granted, and never denied. + +37. If any one holds of us by fee-farm, by socage, or by burgage, +and holds also land of another lord by knight's service, we will +not (by reason of that fee-farm, socage, or burgage) have the wardship +of the heir, or of such land of his as is of the fief of that other; +nor shall we have wardship of that fee-farm, socage, or burgage, +unless such fee-farm owes knight's service. We will not by reason of +any small serjeanty which any one may hold of us by the service of +rendering to us knives, arrows, or the like, have wardship of his heir +of the land which he holds of another lord by knight's service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put any one to his "law," without credible witnesses brought +for this purpose. + +39. No freeman shall be taken or imprisoned or disseised or exiled or +in anyway destroyed, nor will we go upon him nor send upon him, except +by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right +or justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for any one (excepting always +those imprisoned or outlawed in accordance with the law of the kingdom, +and natives of any country at war with us, and merchants, who shall be +treated as is above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of war, +on grounds of public policy--reserving always the allegiance due to us. + +43. If any one holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall give +no other relief, and perform no other service to us than he would have +done to the baron, if that barony had been in the baron's hand; and we +shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciars of the forest upon a general summons, except those who +are impleaded, or who have become sureties for any person or persons +attached for forest offenses. + +45. We will appoint as justices, constables, sheriffs, or bailiffs +only such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have +long-continued possession, shall have the wardship of them, when +vacant, as they ought to have. + +47. All forests that have been made such in our time shall forthwith +be disafforested; and a similar course shall be followed with regard +to river-banks that have been placed "in defense" by us in our time. + +48. All evil customs connected with forests and warrens, foresters +and warreners, sheriffs and their officers, river-banks and their +wardens, shall immediately be inquired into in each county by twelve +sworn knights of the same county chosen by the honest men of the same +county, and shall, within forty days of the said inquest, be utterly +abolished, so as never to be restored, provided always that we +previously have intimation thereof, or our justiciar, if we should not +be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace or of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geofrrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom +all foreign-born knights, cross-bowmen, serjeants, and mercenary +soldiers, who have come with horses and arms to the kingdom's hurt. + +52. If any one has been dispossessed or removed by us, without the +legal judgment of his peers, from his lands, castles, franchises, or +from his right, we will immediately restore them to him; and if a +dispute arise over this, then let it be decided by the five-and-twenty +barons of whom mention is made below in the clause for securing the +peace. Moreover, for all those possessions, from which any one has, +without the lawful judgment of his peers, be endisseised or removed, by +our father, King Henry, or by our brother, King Richard, and which we +retain in our hand (or which are possessed by others, to whom we are +bound to warrant them) we shall have respite until the usual term of +crusaders; excepting those things about which a plea has been raised, +or an inquest made by our order, before our taking of the cross; but as +soon as were turn from our expedition (or if perchance we desist from +the expedition) we will immediately grant full justice therein. + +53. We shall have, moreover, the same respite and in the same manner +in rendering justice concerning the disafforestation or retention of +those forests which Henry our father and Richard our brother +afforested, and concerning wardship of lands which are of the fief of +another (namely, such wardships as we have hitherto had by reason of a +fief which any one held of us by knight's service), and concerning +abbeys founded on other fiefs than our own, in which the lord of the +fief claims to have right; and when we have returned, or if we desist +from our expedition, we will immediately grant full justice to all +who complain of such things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five-and-twenty barons of whom mention +is made below in the clause for securing the peace, or according to the +judgment of the majority of the same, along with the aforesaid Stephen, +archbishop of Canterbury, if he can be present, and such others as he +may wish to bring with him for this purpose, and if he cannot be +present the business shall nevertheless proceed without him, provided +always that if any one or more of the aforesaid five-and-twenty +barons are in a similar suit, they shall be removed as far as concerns +this particular judgment, others being substituted in their places +after having been selected by the rest of the same five-and-twenty for +this purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for tenements in England according to the law +of England, for tenements in Wales according to the law of Wales, and +for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father or King Richard our brother, and which we retain +in our hand (or which are possessed by others, to whom we are bound to +warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised or an inquest +made by our order before we took the cross; but as soon as we return +(or if perchance we desist from our expedition), we will immediately +grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for the +peace. + +59. We will do toward Alexander, King of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and his +right, in the same manner as we shall do toward our other barons of +England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly King of Scots; and this +shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the +observance of which we have granted in our kingdom as far as pertains +to us toward our men, shall be observed by all of our kingdom, as well +clergy as laymen, as far as pertains to them toward their men. + +61. Since, moreover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance for ever, we give and +grant to them the underwritten security, namely, that the barons choose +five-and-twenty barons of the kingdom, whomsoever they will, who shall +be bound with all their might, to observe and hold, and cause to be +observed, the peace and liberties we have granted and confirmed to them +by this our present Charter, so that if we, or our justiciar, or our +bailiffs or any one of our officers, shall in anything be at fault +toward any one, or shall have broken any one of the articles of +the peace or of this security, and the offense be notified to four +barons of the foresaid five-and-twenty, the said four barons shall +repair to us (or our justiciar, if we are out of the realm) and, laying +the transgression before us, petition to have that transgression +redressed without delay. And if we shall not have corrected the +transgression (or, in the event of our being out of the realm, if our +justiciar shall not have corrected it) within forty days, reckoning +from the time it has been intimated to us (or to our justiciar, if +we should be out of the realm), the four barons aforesaid shall refer +that matter to the rest of the five-and-twenty barons, and those +five-and-twenty barons shall, together with the community of the whole +land, distrain and distress us in all possible ways, namely, by seizing +our castles, lands, possessions, and in any other way they can, until +redress has been obtained as they deem fit, saving harmless our own +person, and the persons of our queen and children; and when redress has +been obtained, they shall resume their old relations toward us. And let +whoever in the country desires it, swear to obey the orders of the said +five-and-twenty barons for the execution of all the aforesaid matters, +and along with them, to molest us to the utmost of his power; and we +publicly and freely grant leave to every one who wishes to swear, and +we shall never forbid any one to swear. All those, moreover, in the +land who of themselves and of their own accord are unwilling to swear +to the twenty-five to help them in constraining and molesting us, we +shall by our command compel the same to swear to the effect aforesaid. +And if any one of the five-and-twenty barons shall have died or +departed from the land, or be incapacitated in any other manner which +would prevent the foresaid provisions being carried out, those of +the said twenty-five barons who are left shall choose another in his +place according to their own judgment, and he shall be sworn in the +same way as the others. Further, in all matters, the execution of which +is intrusted to these twenty-five barons, if perchance these +twenty-five are present, that which the majority of those present +ordain or command shall be held as fixed and established, exactly as if +the whole twenty-five had concurred in this; and the said twenty-five +shall swear that they will faithfully observe all that is aforesaid, +and cause it to be observed with all their might. And we shall procure +nothing from any one, directly or indirectly, whereby any part of +these concessions and liberties might be revoked or diminished; and if +any such thing has been procured, let it be void and null, and we shall +never use it personally or by another. + +62. And all the ill-will, hatreds, and bitterness that have arisen +between us and our men, clergy and lay, from the date of the quarrel, +we have completely remitted and pardoned every one. Moreover, all +trespasses occasioned by the said quarrel, from Easter in the sixteenth +year of our reign till the restoration of peace, we have fully remitted +to all, both clergy and laymen, and completely forgiven, as far as +pertains to us. And, on this head, we have caused to be made for them +letters testimonial patent of the lord Stephen, archbishop of +Canterbury, of the lord Henry, archbishop of Dublin, of the bishops +aforesaid, and of Master Pandulf as touching this security and +the concessions aforesaid. + +63. 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. + + + +*** + + +The text of THE MAGNA CARTA + + +The Magna Carta (The Great Charter): + +Preamble: + + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishop, +bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, +stewards, servants, and to all his bailiffs and liege subjects, +greetings. Know that, having regard to God and for the salvation of +our soul, and those of all our ancestors and heirs, and unto the honor +of God and the advancement of his holy Church and for the rectifying +of our realm, we have granted as underwritten by advice 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, Jocelyn of Bath and +Glastonbury, Hugh of Lincoln, Walter of Worcester, William of +Coventry, Benedict of Rochester, bishops; of Master Pandulf, subdeacon +and member of the household of our lord the Pope, of brother Aymeric +(master of the Knights of the Temple in England), and of the +illustrious men William Marshal, earl of Pembroke, William, earl of +Salisbury, William, earl of Warenne, William, earl of Arundel, Alan of +Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitz +Herbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, +Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip d'Aubigny, +Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our +liegemen. + + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs forever that the English Church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent +from this that the freedom of elections, which is reckoned most +important and very essential to the English Church, we, of our pure +and unconstrained will, did grant, and did by our charter confirm and +did obtain the ratification of the same from our lord, Pope Innocent +III, before the quarrel arose between us and our barons: and this we +will observe, and our will is that it be observed in good faith by our +heirs forever. We have also granted to all freemen of our kingdom, +for us and our heirs forever, all the underwritten liberties, to be +had and held by them and their heirs, of us and our heirs forever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his +heir shall be full of age and owe "relief", he shall have his +inheritance by the old relief, to wit, the heir or heirs of an earl, +for the whole baroncy of an earl by L100; the heir or heirs of a +baron, L100 for a whole barony; the heir or heirs of a knight, 100s, +at most, and whoever owes less let him give less, according to the +ancient custom of fees. + + +3. If, however, the heir of any one of the aforesaid has been under +age and in wardship, let him have his inheritance without relief and +without fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonable produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any +other who is responsible to us for its issues, and he has made +destruction or waster of what he holds in wardship, we will take of +him amends, and the land shall be committed to two lawful and discreet +men of that fee, who shall be responsible for the issues to us or to +him to whom we shall assign them; and if we have given or sold the +wardship of any such land to anyone and he has therein made +destruction or waste, he shall lose that wardship, and it shall be +transferred to two lawful and discreet men of that fief, who shall be +responsible to us in like manner as aforesaid. + + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and wainage, according as the season of +husbandry shall require, and the issues of the land can reasonable +bear. + +6. Heirs shall be married without disparagement, yet so that before +the marriage takes place the nearest in blood to that heir shall have +notice. + +7. A widow, after the death of her husband, shall forthwith and +without difficulty have her marriage portion and inheritance; nor +shall she give anything for her dower, or for her marriage portion, or +for the inheritance which her husband and she held on the day of the +death of that husband; and she may remain in the house of her husband +for forty days after his death, within which time her dower shall be +assigned to her. + +8. No widow shall be compelled to marry, so long as she prefers to +live without a husband; provided always that she gives security not to +marry without our consent, if she holds of us, or without the consent +of the lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs will seize any land or rent for any +debt, as long as the chattels of the debtor are sufficient to repay +the debt; nor shall the sureties of the debtor be distrained so long +as the principal debtor is able to satisfy the debt; and if the +principal debtor shall fail to pay the debt, having nothing wherewith +to pay it, then the sureties shall answer for the debt; and let them +have the lands and rents of the debtor, if they desire them, until +they are indemnified for the debt which they have paid for him, unless +the principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan be repaid, the debt shall not bear interest while the +heir is under age, of whomsoever he may hold; and if the debt fall +into our hands, we will not take anything except the principal sum +contained in the bond. + +11. And if anyone die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the +deceased are left under age, necessaries shall be provided for them in +keeping with the holding of the deceased; and out of the residue the +debt shall be paid, reserving, however, service due to feudal lords; +in like manner let it be done touching debts due to others than Jews. + +12. No scutage not aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all it ancient liberties and +free customs, as well by land as by water; furthermore, we decree +and grant that all other cities, boroughs, towns, and ports shall +have all their liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, +abbots, earls, and greater barons, severally by our letters; and we +will moveover cause to be summoned generally, through our sheriffs and +bailiffs, and others who hold of us in chief, for a fixed date, +namely, after the expiry of at least forty days, and at a fixed place; +and in all letters of such summons we will specify the reason of the +summons. And when the summons has thus been made, the business shall +proceed on the day appointed, according to the counsel of such as are +present, although not all who were summoned have come. + +15. We will not for the future grant to anyone license to take an aid +from his own free tenants, except to ransom his person, to make his +eldest son a knight, and once to marry his eldest daughter; and on +each of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for +a knight's fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d'ancestor, and of darrein +presentment shall not be held elsewhere than in their own county +courts, and that in manner following; We, or, if we should be out of +the realm, our chief justiciar, will send two justiciaries through +every county four times a year, who shall alone with four knights of +the county chosen by the county, hold the said assizes in the county +court, on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who +were present at the county court on that day, as many as may be +required for the efficient making of judgments, according as the +business be more or less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his "contentment"; and a merchant in the same way, +saving his "merchandise"; and a villein shall be amerced in the same +way, saving his "wainage" if they have fallen into our mercy: and none +of the aforesaid amercements shall be imposed except by the oath of +honest men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundred, wapentakes, and trithings (except our +demesne manors) shall remain at the old rents, and without any +additional payment. + +26. If anyone holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed us, it shall be lawful for our sheriff or bailiff to +attach and enroll the chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law worthy men, +provided always that nothing whatever be thence removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfill the will of the deceased; and if +there be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the Church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from anyone without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu of +castle-guard, when he is willing to perform it in his own person, or +(if he himself cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands those +who have been convicted of felony, and the lands shall thereafter be +handed over to the lords of the fiefs. + +33. All kydells for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future be +issued to anyone, regarding any tenement whereby a freeman may lose +his court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, "the London +quarter"; and one width of cloth (whether dyed, or russet, or +"halberget"), to wit, two ells within the selvedges; of weights also +let it be as of measures. + +36. Nothing in future shall be given or taken for a writ of +inquisition of life or limbs, but freely it shall be granted, +and never denied. + +37. If anyone holds of us by fee-farm, either by socage or by burage, +or of any other land by knight's service, we will not (by reason of +that fee-farm, socage, or burgage), have the wardship of the heir, or +of such land of his as if of the fief of that other; nor shall we have +wardship of that fee-farm, socage, or burgage, unless such fee-farm +owes knight's service. We will not by reason of any small serjeancy +which anyone may hold of us by the service of rendering to us knives, +arrows, or the like, have wardship of his heir or of the land which he +holds of another lord by knight's service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put anyone to his "law", without credible witnesses brought +for this purposes. + +39. No freemen shall be taken or imprisoned or disseised or exiled or +in any way destroyed, nor will we go upon him nor send upon him, +except by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right +or justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for anyone (excepting always those +imprisoned or outlawed in accordance with the law of the kingdom, and +natives of any country at war with us, and merchants, who shall be +treated as if above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of +war, on grounds of public policy- reserving always the allegiance due +to us. + +43. If anyone holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall +give no other relief, and perform no other service to us than he would +have done to the baron if that barony had been in the baron's hand; +and we shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciaries of the forest upon a general summons, unless they are +in plea, or sureties of one or more, who are attached for the forest. + +45. We will appoint as justices, constables, sheriffs, or bailiffs +only such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have long +continued possession, shall have the wardship of them, when vacant, as +they ought to have. + +47. All forests that have been made such in our time shall forthwith +be disafforsted; and a similar course shall be followed with regard +to river banks that have been placed "in defense" by us in our time. + +48. All evil customs connected with forests and warrens, foresters +and warreners, sheriffs and their officers, river banks and their +wardens, shall immediately by inquired into in each county by twelve +sworn knights of the same county chosen by the honest men of the same +county, and shall, within forty days of the said inquest, be utterly +abolished, so as never to be restored, provided always that we +previously have intimation thereof, or our justiciar, if we should not +be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard of Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom all +foreign born knights, crossbowmen, serjeants, and mercenary soldiers +who have come with horses and arms to the kingdom's hurt. + +52. If anyone has been dispossessed or removed by us, without the +legal judgment of his peers, from his lands, castles, franchises, or +from his right, we will immediately restore them to him; and if a +dispute arise over this, then let it be decided by the five and twenty +barons of whom mention is made below in the clause for securing the +peace. Moreover, for all those possessions, from which anyone has, +without the lawful judgment of his peers, been disseised or removed, +by our father, King Henry, or by our brother, King Richard, and which +we retain in our hand (or which as possessed by others, to whom we are +bound to warrant them) we shall have respite until the usual term of +crusaders; excepting those things about which a plea has been raised, +or an inquest made by our order, before our taking of the cross; but +as soon as we return from the expedition, we will immediately grant +full justice therein. + +53. We shall have, moreover, the same respite and in the same manner +in rendering justice concerning the disafforestation or retention of +those forests which Henry our father and Richard our brother +afforested, and concerning the wardship of lands which are of the fief +of another (namely, such wardships as we have hitherto had by reason +of a fief which anyone held of us by knight's service), and concerning +abbeys founded on other fiefs than our own, in which the lord of the +fee claims to have right; and when we have returned, or if we desist +from our expedition, we will immediately grant full justice to all who +complain of such things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements, imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five and twenty barons whom mention +is made below in the clause for securing the pease, or according to +the judgment of the majority of the same, along with the aforesaid +Stephen, archbishop of Canterbury, if he can be present, and such +others as he may wish to bring with him for this purpose, and if he +cannot be present the business shall nevertheless proceed without him, +provided always that if any one or more of the aforesaid five and +twenty barons are in a similar suit, they shall be removed as far as +concerns this particular judgment, others being substituted in their +places after having been selected by the rest of the same five and +twenty for this purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for the tenements in England according to the +law of England, for tenements in Wales according to the law of Wales, +and for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father, or King Richard our brother, and which we +retain in our hand (or which are possessed by others, and which we +ought to warrant), we will have respite until the usual term of +crusaders; excepting those things about which a plea has been raised +or an inquest made by our order before we took the cross; but as soon +as we return (or if perchance we desist from our expedition), we will +immediately grant full justice in accordance with the laws of the +Welsh and in relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for +the peace. + +59. We will do towards Alexander, king of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and +his right, in the same manner as we shall do towards our other barons +of England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly king of Scots; and +this shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the +observances of which we have granted in our kingdom as far as pertains +to us towards our men, shall be observed b all of our kingdom, as well +clergy as laymen, as far as pertains to them towards their men. + +61. Since, moveover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance forever, we give and +grant to them the underwritten security, namely, that the barons +choose five and twenty barons of the kingdom, whomsoever they will, +who shall be bound with all their might, to observe and hold, and +cause to be observed, the peace and liberties we have granted and +confirmed to them by this our present Charter, so that if we, or our +justiciar, or our bailiffs or any one of our officers, shall in +anything be at fault towards anyone, or shall have broken any one of +the articles of this peace or of this security, and the offense be +notified to four barons of the foresaid five and twenty, the said four +barons shall repair to us (or our justiciar, if we are out of the +realm) and, laying the transgression before us, petition to have that +transgression redressed without delay. And if we shall not have +corrected the transgression (or, in the event of our being out of the +realm, if our justiciar shall not have corrected it) within forty +days, reckoning from the time it has been intimated to us (or to our +justiciar, if we should be out of the realm), the four barons +aforesaid shall refer that matter to the rest of the five and twenty +barons, and those five and twenty barons shall, together with the +community of the whole realm, distrain and distress us in all possible +ways, namely, by seizing our castles, lands, possessions, and in any +other way they can, until redress has been obtained as they deem fit, +saving harmless our own person, and the persons of our queen and +children; and when redress has been obtained, they shall resume their +old relations towards us. And let whoever in the country desires it, +swear to obey the orders of the said five and twenty barons for the +execution of all the aforesaid matters, and along with them, to molest +us to the utmost of his power; and we publicly and freely grant leave +to everyone who wishes to swear, and we shall never forbid anyone to +swear. + +All those, moveover, in the land who of themselves and of their own +accord are unwilling to swear to the twenty five to help them in +constraining and molesting us, we shall by our command compel the same +to swear to the effect foresaid. And if any one of the five and +twenty barons shall have died or departed from the land, or be +incapacitated in any other manner which would prevent the foresaid +provisions being carried out, those of the said twenty five barons who +are left shall choose another in his place according to their own +judgment, and he shall be sworn in the same way as the others. +Further, in all matters, the execution of which is entrusted to these +twenty five barons, if perchance these twenty five are present and +disagree about anything, or if some of them, after being summoned, are +unwilling or unable to be present, that which the majority of those +present ordain or command shall be held as fixed and established, +exactly as if the whole twenty five had concurred in this; and the +said twenty five shall swear that they will faithfully observe all +that is aforesaid, and cause it to be observed with all their might. +And we shall procure nothing from anyone, directly or indirectly, +whereby any part of these concessions and liberties might be revoked +or diminished; and if any such things has been procured, let it be +void and null, and we shall never use it personally or by another. + +62. And all the will, hatreds, and bitterness that have arisen between +us and our men, clergy and lay, from the date of the quarrel, we have +completely remitted and pardoned to everyone. Moreover, all +trespasses occasioned by the said quarrel, from Easter in the +sixteenth year of our reign till the restoration of peace, we have +fully remitted to all, both clergy and laymen, and completely +forgiven, as far as pertains to us. And on this head, we have caused +to be made for them letters testimonial patent of the lord Stephen, +archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of +the bishops aforesaid, and of Master Pandulf as touching this security +and the concessions aforesaid. + +63. Wherefore we will and firmly order 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 forever, 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. + +*** + + + + + + + + + + +End of the Project Gutenberg EBook of The Magna Carta, by Anonymous + +*** END OF THIS PROJECT GUTENBERG EBOOK THE MAGNA CARTA *** + +***** This file should be named 10000.txt or 10000.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/0/0/0/10000/ + +Produced by Michael Hart +Updated editions will replace the previous one--the old editions will +be renamed. + +Creating the works from print editions not protected by U.S. copyright +law means that no one owns a United States copyright in these works, +so the Foundation (and you!) can copy and distribute it in the United +States without permission and without paying copyright +royalties. 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I am sure +our volunteers will find and correct errors I didn't catch, +and that version 0.2 - 1.0 will have significant improvments, +as well as at least one more version in Latin. + +Version 1.0 may contain a dozen different versions. + + + + + +The Text of Magna Carta + +JOHN, by the grace of God King of England, Lord of Ireland, Duke of +Normandy and Aquitaine, and Count of Anjou, to his archbishops, +bishops, abbots, earls, barons, justices, foresters, sheriffs, +stewards, servants, and to all his officials and loyal subjects, +Greeting. + +KNOW THAT BEFORE GOD, for the health of our soul and those of our +ancestors and heirs, to the honour of God, the exaltation of the holy +Church, and the better ordering of our kingdom, at the advice of our +reverend fathers Stephen, archbishop of Canterbury, primate of all +England, and cardinal of the holy Roman Church, Henry archbishop of +Dublin, William bishop of London, Peter bishop of Winchester, Jocelin +bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop +of Worcester, William bishop of Coventry, Benedict bishop of +Rochester, Master Pandulf subdeacon and member of the papal household, +Brother Aymeric master of the knighthood of the Temple in England, +William Marshal earl of Pembroke, William earl of Salisbury, William +earl of Warren, William earl of Arundel, Alan de Galloway constable of +Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh +seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas +Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, +John Fitz Hugh, and other loyal subjects: + +(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter +have confirmed for us and our heirs in perpetuity, that the English +Church shall be free, and shall have its rights undiminished, and its +liberties unimpaired. That we wish this so to be observed, appears +from the fact that of our own free will, before the outbreak of the +present dispute between us and our barons, we granted and confirmed by +charter the freedom of the Church's elections - a right reckoned to be +of the greatest necessity and importance to it - and caused this to be +confirmed by Pope Innocent III. This freedom we shall observe ourselves, +and desire to be observed in good faith by our heirs in perpetuity. + +TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our +heirs for ever, all the liberties written out below, to have and to +keep for them and their heirs, of us and our heirs: + +(2) If any earl, baron, or other person that holds lands directly of +the Crown, for military service, shall die, and at his death his heir +shall be of full age and owe a `relief', the heir shall have his +inheritance on payment of the ancient scale of `relief'. That is to +say, the heir or heirs of an earl shall pay 100 for the entire earl's +barony, the heir or heirs of a knight l00s. at most for the entire +knight's `fee', and any man that owes less shall pay less, in +accordance with the ancient usage of `fees' + +(3) But if the heir of such a person is under age and a ward, when he +comes of age he shall have his inheritance without `relief' or fine. + +(4) The guardian of the land of an heir who is under age shall take +from it only reasonable revenues, customary dues, and feudal services. +He shall do this without destruction or damage to men or property. If +we have given the guardianship of the land to a sheriff, or to any +person answerable to us for the revenues, and he commits destruction +or damage, we will exact compensation from him, and the land shall be +entrusted to two worthy and prudent men of the same `fee', who shall +be answerable to us for the revenues, or to the person to whom we have +assigned them. If we have given or sold to anyone the guardianship of +such land, and he causes destruction or damage, he shall lose the +guardianship of it, and it shall be handed over to two worthy and +prudent men of the same `fee', who shall be similarly answerable to +us. + +(5) For so long as a guardian has guardianship of such land, he shall +maintain the houses, parks, fish preserves, ponds, mills, and +everything else pertaining to it, from the revenues of the land +itself. When the heir comes of age, he shall restore the whole land to +him, stocked with plough teams and such implements of husbandry as the +season demands and the revenues from the land can reasonably bear. + +(6) Heirs may be given in marriage, but not to someone of lower social +standing. Before a marriage takes place, it shall be' made known to +the heir's next-of-kin. + +(7) At her husband's death, a widow may have her marriage portion and +inheritance at once and without trouble. She shall pay nothing for her +dower, marriage portion, or any inheritance that she and her husband +held jointly on the day of his death. She may remain in her husband's +house for forty days after his death, and within this period her dower +shall be assigned to her. + +(8) No widow shall be compelled to marry, so long as she wishes to +remain without a husband. But she must give security that she will not +marry without royal consent, if she holds her lands of the Crown, or +without the consent of whatever other lord she may hold them of. + +(9) Neither we nor our officials will seize any land or rent in +payment of a debt, so long as the debtor has movable goods sufficient +to discharge the debt. A debtor's sureties shall not be distrained +upon so long as the debtor himself can discharge his debt. If, for +lack of means, the debtor is unable to discharge his debt, his +sureties shall be answerable for it. If they so desire, they may have +the debtor's lands and rents until they have received satisfaction for +the debt that they paid for him, unless the debtor can show that he +has settled his obligations to them. + +(10) If anyone who has borrowed a sum of money from Jews dies before +the debt has been repaid, his heir shall pay no interest on the debt +for so long as he remains under age, irrespective of whom he holds his +lands. If such a debt falls into the hands of the Crown, it will take +nothing except the principal sum specified in the bond. + +(11) If a man dies owing money to Jews, his wife may have her dower +and pay nothing towards the debt from it. If he leaves children that +are under age, their needs may also be provided for on a scale +appropriate to the size of his holding of lands. The debt is to be +paid out of the residue, reserving the service due to his feudal lords. +Debts owed to persons other than Jews are to be dealt with similarly. + +(12) No `scutage' or `aid' may be levied in our kingdom without its +general consent, unless it is for the ransom of our person, to make +our eldest son a knight, and (once) to marry our eldest daughter. For +these purposes only a reasonable `aid' may be levied. `Aids' from the +city of London are to be treated similarly. + +(13) The city of London shall enjoy all its ancient liberties and +free customs, both by land and by water. We also will and grant that +all other cities, boroughs, towns, and ports shall enjoy all their +liberties and free customs. + + (14) To obtain the general consent of the realm for the assessment +of an `aid' - except in the three cases specified above - or a +`scutage', we will cause the archbishops, bishops, abbots, earls, and +greater barons to be summoned individually by letter. To those who +hold lands directly of us we will cause a general summons to be +issued, through the sheriffs and other officials, to come together on +a fixed day (of which at least forty days notice shall be given) and +at a fixed place. In all letters of summons, the cause of the summons +will be stated. When a summons has been issued, the business appointed +for the day shall go forward in accordance with the resolution of +those present, even if not all those who were summoned have appeared. + +(15) In future we will allow no one to levy an `aid' from his free +men, except to ransom his person, to make his eldest son a knight, and +(once) to marry his eldest daughter. For these purposes only a +reasonable `aid' may be levied. + +(16) No man shall be forced to perform more service for a knight's +`fee', or other free holding of land, than is due from it. + +(17) Ordinary lawsuits shall not follow the royal court around, but +shall be held in a fixed place. + +(18) Inquests of novel disseisin, mort d'ancestor, and darrein +presentment shall be taken only in their proper county court. We +ourselves, or in our absence abroad our chief justice, will send two +justices to each county four times a year, and these justices, with +four knights of the county elected by the county itself, shall hold +the assizes in the county court, on the day and in the place where the +court meets. + +(19) If any assizes cannot be taken on the day of the county court, as +many knights and freeholders shall afterwards remain behind, of those +who have attended the court, as will suffice for the administration of +justice, having regard to the volume of business to be done. + +(20) For a trivial offence, a free man shall be fined only in +proportion to the degree of his offence, and for a serious offence +correspondingly, but not so heavily as to deprive him of his +livelihood. In the same way, a merchant shall be spared his +merchandise, and a husbandman the implements of his husbandry, if they +fall upon the mercy of a royal court. None of these fines shall be +imposed except by the assessment on oath of reputable men of the +neighbourhood. + +(21) Earls and barons shall be fined only by their equals, and in +proportion to the gravity of their offence. + +(22) A fine imposed upon the lay property of a clerk in holy orders +shall be assessed upon the same principles, without reference to the +value of his ecclesiastical benefice. + +(23) No town or person shall be forced to build bridges over rivers +except those with an ancient obligation to do so. + +(24) No sheriff, constable, coroners, or other royal officials are to +hold lawsuits that should be held by the royal justices. + +(25) Every county, hundred, wapentake, and tithing shall remain at +its ancient rent, without increase, except the royal demesne manors. + +(26) If at the death of a man who holds a lay `fee' of the Crown, a +sheriff or royal official produces royal letters patent of summons for +a debt due to the Crown, it shall be lawful for them to seize and list +movable goods found in the lay `fee' of the dead man to the value of +the debt, as assessed by worthy men. Nothing shall be removed until +the whole debt is paid, when the residue shall be given over to the +executors to carry out the dead man's will. If no debt is due to the +Crown, all the movable goods shall be regarded as the property of the +dead man, except the reasonable shares of his wife and children. + +(27) If a free man dies intestate, his movable goods are to be +distributed by his next-of-kin and friends, under the supervision of +the Church. The rights of his debtors are to be preserved. + +(28) No constable or other royal official shall take corn or other +movable goods from any man without immediate payment, unless the +seller voluntarily offers postponement of this. + +(29) No constable may compel a knight to pay money for castle-guard if +the knight is willing to undertake the guard in person, or with +reasonable excuse to supply some other fit man to do it. A knight +taken or sent on military service shall be excused from castle-guard +for the period of this service. + +(30) No sheriff, royal official, or other person shall take horses or +carts for transport from any free man, without his consent. + +(31) Neither we nor any royal official will take wood for our castle, +or for any other purpose, without the consent of the owner. + +(32) We will not keep the lands of people convicted of felony in our +hand for longer than a year and a day, after which they shall be +returned to the lords of the `fees' concerned. +(33) All fish-weirs shall be removed from the Thames, the Medway, and +throughout the whole of England, except on the sea coast. + +(34) The writ called precipe shall not in future be issued to anyone +in respect of any holding of land, if a free man could thereby be +deprived of the right of trial in his own lord's court. + +(35) There shall be standard measures of wine, ale, and corn (the +London quarter), throughout the kingdom. There shall also be a +standard width of dyed cloth, russett, and haberject, namely two ells +within the selvedges. Weights are to be standardised similarly. + +(36) In future nothing shall be paid or accepted for the issue of a +writ of inquisition of life or limbs. It shall be given gratis, and +not refused. + +(37) If a man holds land of the Crown by `fee-farm', `socage', or +`burgage', and also holds land of someone else for knight's service, +we will not have guardianship of his heir, nor of the land that +belongs to the other person's `fee', by virtue of the `fee-farm', +`socage', or `burgage', unless the `fee-farm' owes knight's service. +We will not have the guardianship of a man's heir, or of land that he +holds of someone else, by reason of any small property that he may +hold of the Crown for a service of knives, arrows, or the like. + +(38) In future no official shall place a man on trial upon his own +unsupported statement, without producing credible witnesses to the +truth of it. + +(39) No free man shall be seized or imprisoned, or stripped of his +rights or possessions, or outlawed or exiled, or deprived of his +standing in any other way, nor will we proceed with force against him, +or send others to do so, except by the lawful judgement of his equals +or by the law of the land. + +(40) To no one will we sell, to no one deny or delay right or justice. + +(41) All merchants may enter or leave England unharmed and without +fear, and may stay or travel within it, by land or water, for purposes +of trade, free from all illegal exactions, in accordance with ancient +and lawful customs. This, however, does not apply in time of war to +merchants from a country that is at war with us. Any such merchants +found in our country at the outbreak of war shall be detained without +injury to their persons or property, until we or our chief justice +have discovered how our own merchants are being treated in the country +at war with us. If our own merchants are safe they shall be safe too. + +(42) In future it shall be lawful for any man to leave and return to +our kingdom unharmed and without fear, by land or water, preserving +his allegiance to us, except in time of war, for some short period, +for the common benefit of the realm. People that have been imprisoned +or outlawed in accordance with the law of the land, people from a +country that is at war with us, and merchants - who shall be dealt +with as stated above - are excepted from this provision. +(43) If a man holds lands of any `escheat' such as the `honour' of +Wallingford, Nottingham, Boulogne, Lancaster, or of other `escheats' +in our hand that are baronies, at his death his heir shall give us +only the `relief' and service that he would have made to the baron, +had the barony been in the baron's hand. We will hold the `escheat' in +the same manner as the baron held it. + +(44) People who live outside the forest need not in future appear +before the royal justices of the forest in answer to general +summonses, unless they are actually involved in proceedings or are +sureties for someone who has been seized for a forest offence. + +(45) We will appoint as justices, constables, sheriffs, or other +officials, only men that know the law of the realm and are minded to +keep it well. + +(46) All barons who have founded abbeys, and have charters of English +kings or ancient tenure as evidence of this, may have guardianship of +them when there is no abbot, as is their due. + +(47) All forests that have been created in our reign shall at once be +disafforested. River-banks that have been enclosed in our reign shall +be treated similarly. + +(48) All evil customs relating to forests and warrens, foresters, +warreners, sheriffs and their servants, or river-banks and their +wardens, are at once to be investigated in every county by twelve +sworn knights of the county, and within forty days of their enquiry +the evil customs are to be abolished completely and irrevocably. But +we, or our chief justice if we are not in England, are first to be +informed. + +(49) We will at once return all hostages and charters delivered up +to us by Englishmen as security for peace or for loyal service. +***here were some strange characters, not completely removed +(50) We will remove completely from their offices the kinsmen of +Gerard de Ath, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in +future they shall hold no offices in England. The +people in question are Engelard de Cigogn, Geoffrey de Martigny and his +brothers, Philip Marc and his brothers, with Geoffrey his nephew, +and all their followers. +* As soon as peace is restored, we will remove from the kingdom all +the foreign knights, bowmen, their attendants, and the mercenaries +that have come to it, to its harm, with horses and arms. +* To any man whom we have deprived or dispossessed of lands, +castles, liberties, or rights, without the lawful judgement of his +equals, we will at once restore these. In cases of dispute the +matter shall be resolved by the judgement of the twenty-five +barons referred to below in the clause for securing the peace. In +cases, however, where a man was deprived or dispossessed of +something without the lawful judgement of his equals by our father +King Henry or our brother King Richard, and it remains in our +hands or is held by others under our warranty, we shall have +respite for the period commonly allowed to Crusaders, unless a +lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. On our return from the +Crusade, or if we abandon it, we will at once render justice in +full. +* We shall have similar respite in rendering justice in connexion +with forests that are to be disafforested, or to remain forests, +when these were first aforested by our father Henry or our brother +Richard; with the guardianship of lands in another persons fee, +when we have hitherto had this by virtue of a fee held of us for +knights service by a third party; and with abbeys founded in +another persons fee, in which the lord of the fee claims to own a +right. On our return from the Crusade, or if we abandon it, we +will at once do full justice to complaints about these matters. +* No one shall be arrested or imprisoned on the appeal of a woman +for the death of any person except her husband. +* All fines that have been given to us unjustly and against the law +of the land, and all fines that we have exacted unjustly, shall be +entirely remitted or the matter decided by a majority judgement of +the twenty-five barons referred to below in the clause for +securing the peace together with Stephen, archbishop of +Canterbury, if he can be present, and such others as he wishes to +bring with him. If the archbishop cannot be present, proceedings +shall continue without him, provided that if any of the +twenty-five barons has been involved in a similar suit himself, +his judgement shall be set aside, and someone else chosen and +sworn in his place, as a substitute for the single occasion, by +the rest of the twenty-five. +* If we have deprived or dispossessed any Welshmen of lands, +liberties, or anything else in England or in Wales, without the +lawful judgement of their equals, these are at once to be returned +to them. A dispute on this point shall be determined in the +Marches by the judgement of equals. English law shall apply to +holdings of land in England, Welsh law to those in Wales, and the +law of the Marches to those in the Marches. The Welsh shall treat +us and ours in the same way. +* In cases where a Welshman was deprived or dispossessed of +anything, without the lawful judgement of his equals, by our +father King Henry or our brother King Richard, and it remains in +our hands or is held by others under our warranty, we shall have +respite for the period commonly allowed to Crusaders, unless a +lawsuit had been begun, or an enquiry had been made at our order, +before we took the Cross as a Crusader. But on our return from the +Crusade, or if we abandon it, we will at once do full justice +according to the laws of Wales and the said regions. +* We will at once return the son of Llywelyn, all Welsh hostages, +and the charters delivered to us as security for the peace. +* With regard to the return of the sisters and hostages of +Alexander, king of Scotland, his liberties and his rights, we will +treat him in the same way as our other barons of England, unless +it appears from the charters that we hold from his father William, +formerly king of Scotland, that he should be treated otherwise. +This matter shall be resolved by the judgement of his equals in +our court. +* All these customs and liberties that we have granted shall be +observed in our kingdom in so far as concerns our own relations +with our subjects. Let all men of our kingdom, whether clergy or +laymen, observe them similarly in their relations with their own +men. +***Strange characters may have ended here. +SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better +ordering of our kingdom, and to allay the discord that has arisen +between us and our barons, and since we desire that they shall be +enjoyed in their entirety, with lasting strength, for ever, we give +and grant to the barons the following security: +* The barons shall elect twenty-five of their number to keep, and +cause to be observed with all their might, the peace and liberties +granted and confirmed to them by this charter. +* If we, our chief justice, our officials, or any of our servants +offend in any respect against any man, or transgress any of the +articles of the peace or of this security, and the offence is made +known to four of the said twenty-five barons, they shall come to +us - or in our absence from the kingdom to the chief justice - to +declare it and claim immediate redress. If we, or in our absence +abroad the chief justice, make no redress within forty days, +reckoning from the day on which the offence was declared to us or +to him, the four barons shall refer the matter to the rest of the +twenty-five barons, who may distrain upon and assail us in every +way possible, with the support of the whole community of the land, +by seizing our castles, lands, possessions, or anything else +saving only our own person and those of the queen and our +children, until they have secured such redress as they have +determined upon. Having secured the redress, they may then resume +their normal obedience to us. +* Any man who so desires may take an oath to obey the commands of +the twenty-five barons for the achievement of these ends, and to +join with them in assailing us to the utmost of his power. We give +public and free permission to take this oath to any man who so +desires, and at no time will we prohibit any man from taking it. +Indeed, we will compel any of our subjects who are unwilling to +take it to swear it at our command. +* If-one of the twenty-five barons dies or leaves the country, or is +prevented in any other way from discharging his duties, the rest +of them shall choose another baron in his place, at their +discretion, who shall be duly sworn in as they were. +* In the event of disagreement among the twenty-five barons on any +matter referred to them for decision, the verdict of the majority +present shall have the same validity as a unanimous verdict of the +whole twenty-five, whether these were all present or some of those +summoned were unwilling or unable to appear. +* The twenty-five barons shall swear to obey all the above articles +faithfully, and shall cause them to be obeyed by others to the +best of their power. +* We will not seek to procure from anyone, either by our own efforts +or those of a third party, anything by which any part of these +concessions or liberties might be revoked or diminished. Should +such a thing be procured, it shall be null and void and we will at +no time make use of it, either ourselves or through a third party. + +We have remitted and pardoned fully to all men any ill-will, hurt, or +grudges that have arisen between us and our subjects, whether clergy +or laymen, since the beginning of the dispute. +We have in addition remitted fully, and for our own part have also +pardoned, to all clergy and laymen any offences committed as a result +of the said dispute between Easter 1215 AD and the restoration of +peace. + +In addition we have caused letters patent to be made for the barons, +bearing witness to this security and to the concessions set out above, +over the seals of Stephen archbishop of Canterbury, Henry archbishop +of Dublin, the other bishops named above, and Master Pandulf. + +IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall +be free, and that men in our kingdom shall have and keep all these +liberties, rights, and concessions, well and peaceably in their +fulness and entirety for them and their heirs, of us and our heirs, in +all things and all places for ever. + +Both we and the barons have sworn that all this shall be observed in +good faith and without deceit. Witness the above mentioned people and +many others. + +Given by our hand in the meadow that is called Runnymede, between +Windsor and Staines, on the fifteenth day of June in the seventeenth +year of our reign . + +*** + +[There were many missing spaces in this one, not sure I got them all] + +Magna Carta 1215 + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishops, +bishops, abbots, earls, barons, justiciars, foresters, sheriffs, +stewards, servants, and to all his bailiffs and liege subjects, +greeting. Know that, having regard to God and for the salvation of our +soul, and those of all our ancestors and heirs, and unto the honor of +God and the advancement of holy church, and for the reform of +our realm, by advice 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, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of +Worcester, William of Coventry, Benedict of Rochester, bishops; of +master Pandulf, subdeacon and member of the household of our lord the +Pope, of brother Aymeric (master of the Knights of the Temple in +England), and of the illustrious men William Marshall earl of Pembroke, +William earl of Salisbury, William earl of Warenne, William earl +of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz +Gerald, Peter Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh +de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip +d'Aubigny, Robert of Roppesley, John Marshall, John Fitz Hugh, and +others, our liegemen. + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs for ever that the English church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent from +this that the freedom of elections, which is reckoned most important +and very essential to the English church, we, of our pure and +unconstrained will, did grant, and did by our charter confirm and did +obtain the ratification of the same from our lord, Pope Innocent +III., before the quarrel arose between us and our barons: and this we +will observe, and our will is that it be observed in good faith by our +heirs for ever. We have also granted to all freemen of our kingdom, for +us and our heirs for ever, all the underwritten liberties, to be had +and held by them and their heirs, of us and our heirs for ever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his heir +shall be of full age and owe "relief" he shall have his inheritance on +payment of the ancient relief, namely the heir or heirs of an earl, 100 +pounds for a whole earl's barony; the heir or heirs of a baron, 100 +pounds for a whole barony; the heir or heirs of a knight, 100 shillings +at most for a whole knight's fee; and whoever owes less let him give +less, according to the ancient custom officers. + +3. If, however, the heir of any of the aforesaid has been under age +and in wardship, let him have his inheritance without relief and +without fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonably produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any other +who is responsible to us for its issues, and he has made destruction or +waste of what he holds in wardship, we will take of him amends, and the +land shall be committed to two lawful and discreet men of that fee, who +shall be responsible for the issues to us or to him to whom we +shall assign them; and if we have given or sold the wardship of any +such land to anyone and he has there in made destruction or waste, he +shall lose that wardship, and it shall be transferred to two lawful and +discreet men of that fief, who shall be responsible to us in like +manner as aforesaid. + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and "waynage," according as the season of +husbandry shall require, and the issues of the land can reasonably bear. + +6. Heirs shall be married without disparagement, yet so that before the +marriage takes place the nearest in blood to that heir shall have notice. + +7. A widow, after the death of her husband, shall forthwith and +without difficulty have her marriage portion and inheritance; nor shall +she give anything for her dower, or for her marriage portion, or for +the inheritance which her husband and she held on the day of the death +of that husband; and she may remain in the house of her husband for +fourty days after his death, within which time her dower shall be +assigned to her. + +8. No widow shall be compelled to marry, so long as she prefers to +live without a husband; provided always that she gives security not to +marry without our consent, if she holds of us, or without the consent +of the lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs shall seize any land or rent for any +debt, so long as the chattels of the debtor are sufficient to repay the +debt; nor shall the sureties of the debtor be distrained so long as the +principal debtor is able to satisfy the debt; and if the principal +debtor shall fail to pay the debt, having nothing wherewith to pay it, +then the sureties shall answer for the debt; and let them have the +lands and rents of the debtor, if they desire them, until they are +indemnified for the debt which they have paid for him, unless the +principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan can be repaid, the debt shall not bear interest while +the heir is under age, of whomsoever he may hold; and if the debt fall +into our hands, we will not take anything except the principal sum +contained in the bond. + +11. And if any one die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the deceased +are left underage, necessaries shall be provided for them in keeping +with the holding of the deceased; and out of the residue the debt shall +be paid, reserving, however, service due to feudal lords; in like +manner let it be done touching debts due to others than Jews. + +12. No scutage nor aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all its ancient liberties and +free customs, as well by land as by water; furthermore, we decree and +grant that all other cities, boroughs, towns, and ports shall have all +their liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, abbots, +earls, and greater barons, severally by our letters; and we will +moreover cause to be summoned generally, through our sheriffs and +bailiffs, all others who hold of us in chief, for a fixed date, namely, +after the expiry of at least forty days, and at a fixed place; and in +all letters of such summons we will specify the reason of the summons. +And when the summons has thus been made, the business shall proceed on +the day appointed, according to the counsel of such as are present, +although not all who were summoned have come. + +15. We will not for the future grant to any one license to take an aid +from his own free tenants, except to ransom his body, to make his +eldest son a knight, and once to marry his eldest daughter; and on +each of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for +a knight's fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d'ancester, and of darrein +presentment, shall not be held elsewhere than in their own county +courts and that in manner following,--We, or, if we should be out of +the realm, our chief justiciar, will send two justiciars through +every county four times a year, who shall, along with four knights of +the county chosen by the county, hold the said assize in the county +court, on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who were +present at the county court on that day, as many as may be required for +the efficient making of judgments, according as the business be more or +less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his "contentment;" and a merchant in the same way, saving +his "merchandise;" and a villein shall be amerced in the same way, +saving his "wainage"--if they have fallen into our mercy: and none of +the aforesaid amercements shall be impsed except by the oath of honest +men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river-banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundreds, wapentakes, and trithings (except our +demesne manors) shall remain at old rents, and without any additional +payment.***here may be an error + +26. If any one holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed to us, it shall be lawful for our sheriff or bailiff +to attach and catalogue chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law-worthy men, +provided always that nothing whatever be then be removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfil the will of the deceased; and if there +be nothing due from him to us, all the chattels shall go to +the deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from any one without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu +of castle-guard, when he is willing to perform it in his own person, or +(if he cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands of those +who have been convicted of felony, and the lands shall thereafter be +handed over to the lords of the fiefs. + +33. All kiddles for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future +be issued to any one, regarding any tenement whereby a freeman may lose +his court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, "the London +quarter;" and one width of cloth (whether dyed, or russet, or +"halberget"), to wit, two ells within the selvages; of weights also let +it be as of measures. + +36. Nothing in future shall be given or taken for a writ of inquisition +of life or limbs, but freely it shall be granted, and never denied. + +37. If any one holds of us by fee-farm, by socage, or by burgage, +and holds also land of another lord by knight's service, we will +not (by reason of that fee-farm, socage, or burgage) have the wardship +of the heir, or of such land of his as is of the fief of that other; +nor shall we have wardship of that fee-farm, socage, or burgage, +unless such fee-farm owes knight's service. We will not by reason of +any small serjeanty which any one may hold of us by the service of +rendering to us knives, arrows, or the like, have wardship of his heir +of the land which he holds of another lord by knight's service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put any one to his "law," without credible witnesses brought +for this purpose. + +39. No freeman shall be taken or imprisoned or disseised or exiled or +in anyway destroyed, nor will we go upon him nor send upon him, except +by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right +or justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for any one (excepting always +those imprisoned or outlawed in accordance with the law of the kingdom, +and natives of any country at war with us, and merchants, who shall be +treated as is above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of war, +on grounds of public policy--reserving always the allegiance due to us. + +43. If any one holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall give +no other relief, and perform no other service to us than he would have +done to the baron, if that barony had been in the baron's hand; and we +shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciars of the forest upon a general summons, except those who +are impleaded, or who have become sureties for any person or persons +attached for forest offenses. + +45. We will appoint as justices, constables, sheriffs, or bailiffs +only such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have +long-continued possession, shall have the wardship of them, when +vacant, as they ought to have. + +47. All forests that have been made such in our time shall forthwith +be disafforested; and a similar course shall be followed with regard +to river-banks that have been placed "in defense" by us in our time. + +48. All evil customs connected with forests and warrens, foresters +and warreners, sheriffs and their officers, river-banks and their +wardens, shall immediately be inquired into in each county by twelve +sworn knights of the same county chosen by the honest men of the same +county, and shall, within forty days of the said inquest, be utterly +abolished, so as never to be restored, provided always that we +previously have intimation thereof, or our justiciar, if we should not +be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace or of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geofrrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom +all foreign-born knights, cross-bowmen, serjeants, and mercenary +soldiers, who have come with horses and arms to the kingdom's hurt. + +52. If any one has been dispossessed or removed by us, without the +legal judgment of his peers, from his lands, castles, franchises, or +from his right, we will immediately restore them to him; and if a +dispute arise over this, then let it be decided by the five-and-twenty +barons of whom mention is made below in the clause for securing the +peace. Moreover, for all those possessions, from which any one has, +without the lawful judgment of his peers, be endisseised or removed, by +our father, King Henry, or by our brother, King Richard, and which we +retain in our hand (or which are possessed by others, to whom we are +bound to warrant them) we shall have respite until the usual term of +crusaders; excepting those things about which a plea has been raised, +or an inquest made by our order, before our taking of the cross; but as +soon as were turn from our expedition (or if perchance we desist from +the expedition) we will immediately grant full justice therein. + +53. We shall have, moreover, the same respite and in the same manner +in rendering justice concerning the disafforestation or retention of +those forests which Henry our father and Richard our brother +afforested, and concerning wardship of lands which are of the fief of +another (namely, such wardships as we have hitherto had by reason of a +fief which any one held of us by knight's service), and concerning +abbeys founded on other fiefs than our own, in which the lord of the +fief claims to have right; and when we have returned, or if we desist +from our expedition, we will immediately grant full justice to all +who complain of such things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five-and-twenty barons of whom mention +is made below in the clause for securing the peace, or according to the +judgment of the majority of the same, along with the aforesaid Stephen, +archbishop of Canterbury, if he can be present, and such others as he +may wish to bring with him for this purpose, and if he cannot be +present the business shall nevertheless proceed without him, provided +always that if any one or more of the aforesaid five-and-twenty +barons are in a similar suit, they shall be removed as far as concerns +this particular judgment, others being substituted in their places +after having been selected by the rest of the same five-and-twenty for +this purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for tenements in England according to the law +of England, for tenements in Wales according to the law of Wales, and +for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father or King Richard our brother, and which we retain +in our hand (or which are possessed by others, to whom we are bound to +warrant them) we shall have respite until the usual term of crusaders; +excepting those things about which a plea has been raised or an inquest +made by our order before we took the cross; but as soon as we return +(or if perchance we desist from our expedition), we will immediately +grant full justice in accordance with the laws of the Welsh and in +relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for the +peace. + +59. We will do toward Alexander, King of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and his +right, in the same manner as we shall do toward our other barons of +England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly King of Scots; and this +shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the +observance of which we have granted in our kingdom as far as pertains +to us toward our men, shall be observed by all of our kingdom, as well +clergy as laymen, as far as pertains to them toward their men. + +61. Since, moreover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance for ever, we give and +grant to them the underwritten security, namely, that the barons choose +five-and-twenty barons of the kingdom, whomsoever they will, who shall +be bound with all their might, to observe and hold, and cause to be +observed, the peace and liberties we have granted and confirmed to them +by this our present Charter, so that if we, or our justiciar, or our +bailiffs or any one of our officers, shall in anything be at fault +toward any one, or shall have broken any one of the articles of +the peace or of this security, and the offense be notified to four +barons of the foresaid five-and-twenty, the said four barons shall +repair to us (or our justiciar, if we are out of the realm) and, laying +the transgression before us, petition to have that transgression +redressed without delay. And if we shall not have corrected the +transgression (or, in the event of our being out of the realm, if our +justiciar shall not have corrected it) within forty days, reckoning +from the time it has been intimated to us (or to our justiciar, if +we should be out of the realm), the four barons aforesaid shall refer +that matter to the rest of the five-and-twenty barons, and those +five-and-twenty barons shall, together with the community of the whole +land, distrain and distress us in all possible ways, namely, by seizing +our castles, lands, possessions, and in any other way they can, until +redress has been obtained as they deem fit, saving harmless our own +person, and the persons of our queen and children; and when redress has +been obtained, they shall resume their old relations toward us. And let +whoever in the country desires it, swear to obey the orders of the said +five-and-twenty barons for the execution of all the aforesaid matters, +and along with them, to molest us to the utmost of his power; and we +publicly and freely grant leave to every one who wishes to swear, and +we shall never forbid any one to swear. All those, moreover, in the +land who of themselves and of their own accord are unwilling to swear +to the twenty-five to help them in constraining and molesting us, we +shall by our command compel the same to swear to the effect aforesaid. +And if any one of the five-and-twenty barons shall have died or +departed from the land, or be incapacitated in any other manner which +would prevent the foresaid provisions being carried out, those of +the said twenty-five barons who are left shall choose another in his +place according to their own judgment, and he shall be sworn in the +same way as the others. Further, in all matters, the execution of which +is intrusted to these twenty-five barons, if perchance these +twenty-five are present, that which the majority of those present +ordain or command shall be held as fixed and established, exactly as if +the whole twenty-five had concurred in this; and the said twenty-five +shall swear that they will faithfully observe all that is aforesaid, +and cause it to be observed with all their might. And we shall procure +nothing from any one, directly or indirectly, whereby any part of +these concessions and liberties might be revoked or diminished; and if +any such thing has been procured, let it be void and null, and we shall +never use it personally or by another. + +62. And all the ill-will, hatreds, and bitterness that have arisen +between us and our men, clergy and lay, from the date of the quarrel, +we have completely remitted and pardoned every one. Moreover, all +trespasses occasioned by the said quarrel, from Easter in the sixteenth +year of our reign till the restoration of peace, we have fully remitted +to all, both clergy and laymen, and completely forgiven, as far as +pertains to us. And, on this head, we have caused to be made for them +letters testimonial patent of the lord Stephen, archbishop of +Canterbury, of the lord Henry, archbishop of Dublin, of the bishops +aforesaid, and of Master Pandulf as touching this security and +the concessions aforesaid. + +63. 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. + +*** + + +The text of THE MAGNA CARTA + + +The Magna Carta (The Great Charter): + +Preamble: + + +John, by the grace of God, king of England, lord of Ireland, duke of +Normandy and Aquitaine, and count of Anjou, to the archbishop, +bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, +stewards, servants, and to all his bailiffs and liege subjects, +greetings. Know that, having regard to God and for the salvation of +our soul, and those of all our ancestors and heirs, and unto the honor +of God and the advancement of his holy Church and for the rectifying +of our realm, we have granted as underwritten by advice 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, Jocelyn of Bath and +Glastonbury, Hugh of Lincoln, Walter of Worcester, William of +Coventry, Benedict of Rochester, bishops; of Master Pandulf, subdeacon +and member of the household of our lord the Pope, of brother Aymeric +(master of the Knights of the Temple in England), and of the +illustrious men William Marshal, earl of Pembroke, William, earl of +Salisbury, William, earl of Warenne, William, earl of Arundel, Alan of +Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitz +Herbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, +Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip d'Aubigny, +Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our +liegemen. + + +1. In the first place we have granted to God, and by this our present +charter confirmed for us and our heirs forever that the English Church +shall be free, and shall have her rights entire, and her liberties +inviolate; and we will that it be thus observed; which is apparent +from this that the freedom of elections, which is reckoned most +important and very essential to the English Church, we, of our pure +and unconstrained will, did grant, and did by our charter confirm and +did obtain the ratification of the same from our lord, Pope Innocent +III, before the quarrel arose between us and our barons: and this we +will observe, and our will is that it be observed in good faith by our +heirs forever. We have also granted to all freemen of our kingdom, +for us and our heirs forever, all the underwritten liberties, to be +had and held by them and their heirs, of us and our heirs forever. + +2. If any of our earls or barons, or others holding of us in chief by +military service shall have died, and at the time of his death his +heir shall be full of age and owe "relief", he shall have his +inheritance by the old relief, to wit, the heir or heirs of an earl, +for the whole baroncy of an earl by L100; the heir or heirs of a +baron, L100 for a whole barony; the heir or heirs of a knight, 100s, +at most, and whoever owes less let him give less, according to the +ancient custom of fees. + + +3. If, however, the heir of any one of the aforesaid has been under +age and in wardship, let him have his inheritance without relief and +without fine when he comes of age. + +4. The guardian of the land of an heir who is thus under age, shall +take from the land of the heir nothing but reasonable produce, +reasonable customs, and reasonable services, and that without +destruction or waste of men or goods; and if we have committed the +wardship of the lands of any such minor to the sheriff, or to any +other who is responsible to us for its issues, and he has made +destruction or waster of what he holds in wardship, we will take of +him amends, and the land shall be committed to two lawful and discreet +men of that fee, who shall be responsible for the issues to us or to +him to whom we shall assign them; and if we have given or sold the +wardship of any such land to anyone and he has therein made +destruction or waste, he shall lose that wardship, and it shall be +transferred to two lawful and discreet men of that fief, who shall be +responsible to us in like manner as aforesaid. + + +5. The guardian, moreover, so long as he has the wardship of the land, +shall keep up the houses, parks, fishponds, stanks, mills, and other +things pertaining to the land, out of the issues of the same land; and +he shall restore to the heir, when he has come to full age, all his +land, stocked with ploughs and wainage, according as the season of +husbandry shall require, and the issues of the land can reasonable +bear. + +6. Heirs shall be married without disparagement, yet so that before +the marriage takes place the nearest in blood to that heir shall have +notice. + +7. A widow, after the death of her husband, shall forthwith and +without difficulty have her marriage portion and inheritance; nor +shall she give anything for her dower, or for her marriage portion, or +for the inheritance which her husband and she held on the day of the +death of that husband; and she may remain in the house of her husband +for forty days after his death, within which time her dower shall be +assigned to her. + +8. No widow shall be compelled to marry, so long as she prefers to +live without a husband; provided always that she gives security not to +marry without our consent, if she holds of us, or without the consent +of the lord of whom she holds, if she holds of another. + +9. Neither we nor our bailiffs will seize any land or rent for any +debt, as long as the chattels of the debtor are sufficient to repay +the debt; nor shall the sureties of the debtor be distrained so long +as the principal debtor is able to satisfy the debt; and if the +principal debtor shall fail to pay the debt, having nothing wherewith +to pay it, then the sureties shall answer for the debt; and let them +have the lands and rents of the debtor, if they desire them, until +they are indemnified for the debt which they have paid for him, unless +the principal debtor can show proof that he is discharged thereof as +against the said sureties. + +10. If one who has borrowed from the Jews any sum, great or small, die +before that loan be repaid, the debt shall not bear interest while the +heir is under age, of whomsoever he may hold; and if the debt fall +into our hands, we will not take anything except the principal sum +contained in the bond. + +11. And if anyone die indebted to the Jews, his wife shall have her +dower and pay nothing of that debt; and if any children of the +deceased are left under age, necessaries shall be provided for them in +keeping with the holding of the deceased; and out of the residue the +debt shall be paid, reserving, however, service due to feudal lords; +in like manner let it be done touching debts due to others than Jews. + +12. No scutage not aid shall be imposed on our kingdom, unless by +common counsel of our kingdom, except for ransoming our person, for +making our eldest son a knight, and for once marrying our eldest +daughter; and for these there shall not be levied more than a +reasonable aid. In like manner it shall be done concerning aids from +the city of London. + +13. And the city of London shall have all it ancient liberties and +free customs, as well by land as by water; furthermore, we decree +and grant that all other cities, boroughs, towns, and ports shall +have all their liberties and free customs. + +14. And for obtaining the common counsel of the kingdom anent the +assessing of an aid (except in the three cases aforesaid) or of a +scutage, we will cause to be summoned the archbishops, bishops, +abbots, earls, and greater barons, severally by our letters; and we +will moveover cause to be summoned generally, through our sheriffs and +bailiffs, and others who hold of us in chief, for a fixed date, +namely, after the expiry of at least forty days, and at a fixed place; +and in all letters of such summons we will specify the reason of the +summons. And when the summons has thus been made, the business shall +proceed on the day appointed, according to the counsel of such as are +present, although not all who were summoned have come. + +15. We will not for the future grant to anyone license to take an aid +from his own free tenants, except to ransom his person, to make his +eldest son a knight, and once to marry his eldest daughter; and on +each of these occasions there shall be levied only a reasonable aid. + +16. No one shall be distrained for performance of greater service for +a knight's fee, or for any other free tenement, than is due therefrom. + +17. Common pleas shall not follow our court, but shall be held in some +fixed place. + +18. Inquests of novel disseisin, of mort d'ancestor, and of darrein +presentment shall not be held elsewhere than in their own county +courts, and that in manner following; We, or, if we should be out of +the realm, our chief justiciar, will send two justiciaries through +every county four times a year, who shall alone with four knights of +the county chosen by the county, hold the said assizes in the county +court, on the day and in the place of meeting of that court. + +19. And if any of the said assizes cannot be taken on the day of the +county court, let there remain of the knights and freeholders, who +were present at the county court on that day, as many as may be +required for the efficient making of judgments, according as the +business be more or less. + +20. A freeman shall not be amerced for a slight offense, except in +accordance with the degree of the offense; and for a grave offense he +shall be amerced in accordance with the gravity of the offense, yet +saving always his "contentment"; and a merchant in the same way, +saving his "merchandise"; and a villein shall be amerced in the same +way, saving his "wainage" if they have fallen into our mercy: and none +of the aforesaid amercements shall be imposed except by the oath of +honest men of the neighborhood. + +21. Earls and barons shall not be amerced except through their peers, +and only in accordance with the degree of the offense. + +22. A clerk shall not be amerced in respect of his lay holding except +after the manner of the others aforesaid; further, he shall not be +amerced in accordance with the extent of his ecclesiastical benefice. + +23. No village or individual shall be compelled to make bridges at +river banks, except those who from of old were legally bound to do so. + +24. No sheriff, constable, coroners, or others of our bailiffs, shall +hold pleas of our Crown. + +25. All counties, hundred, wapentakes, and trithings (except our +demesne manors) shall remain at the old rents, and without any +additional payment. + +26. If anyone holding of us a lay fief shall die, and our sheriff or +bailiff shall exhibit our letters patent of summons for a debt which +the deceased owed us, it shall be lawful for our sheriff or bailiff to +attach and enroll the chattels of the deceased, found upon the lay +fief, to the value of that debt, at the sight of law worthy men, +provided always that nothing whatever be thence removed until the debt +which is evident shall be fully paid to us; and the residue shall be +left to the executors to fulfill the will of the deceased; and if +there be nothing due from him to us, all the chattels shall go to the +deceased, saving to his wife and children their reasonable shares. + +27. If any freeman shall die intestate, his chattels shall be +distributed by the hands of his nearest kinsfolk and friends, under +supervision of the Church, saving to every one the debts which the +deceased owed to him. + +28. No constable or other bailiff of ours shall take corn or other +provisions from anyone without immediately tendering money therefor, +unless he can have postponement thereof by permission of the seller. + +29. No constable shall compel any knight to give money in lieu of +castle-guard, when he is willing to perform it in his own person, or +(if he himself cannot do it from any reasonable cause) then by another +responsible man. Further, if we have led or sent him upon military +service, he shall be relieved from guard in proportion to the time +during which he has been on service because of us. + +30. No sheriff or bailiff of ours, or other person, shall take the +horses or carts of any freeman for transport duty, against the will of +the said freeman. + +31. Neither we nor our bailiffs shall take, for our castles or for any +other work of ours, wood which is not ours, against the will of the +owner of that wood. + +32. We will not retain beyond one year and one day, the lands those +who have been convicted of felony, and the lands shall thereafter be +handed over to the lords of the fiefs. + +33. All kydells for the future shall be removed altogether from Thames +and Medway, and throughout all England, except upon the seashore. + +34. The writ which is called praecipe shall not for the future be +issued to anyone, regarding any tenement whereby a freeman may lose +his court. + +35. Let there be one measure of wine throughout our whole realm; and +one measure of ale; and one measure of corn, to wit, "the London +quarter"; and one width of cloth (whether dyed, or russet, or +"halberget"), to wit, two ells within the selvedges; of weights also +let it be as of measures. + +36. Nothing in future shall be given or taken for a writ of +inquisition of life or limbs, but freely it shall be granted, +and never denied. + +37. If anyone holds of us by fee-farm, either by socage or by burage, +or of any other land by knight's service, we will not (by reason of +that fee-farm, socage, or burgage), have the wardship of the heir, or +of such land of his as if of the fief of that other; nor shall we have +wardship of that fee-farm, socage, or burgage, unless such fee-farm +owes knight's service. We will not by reason of any small serjeancy +which anyone may hold of us by the service of rendering to us knives, +arrows, or the like, have wardship of his heir or of the land which he +holds of another lord by knight's service. + +38. No bailiff for the future shall, upon his own unsupported +complaint, put anyone to his "law", without credible witnesses brought +for this purposes. + +39. No freemen shall be taken or imprisoned or disseised or exiled or +in any way destroyed, nor will we go upon him nor send upon him, +except by the lawful judgment of his peers or by the law of the land. + +40. To no one will we sell, to no one will we refuse or delay, right +or justice. + +41. All merchants shall have safe and secure exit from England, and +entry to England, with the right to tarry there and to move about as +well by land as by water, for buying and selling by the ancient and +right customs, quit from all evil tolls, except (in time of war) such +merchants as are of the land at war with us. And if such are found in +our land at the beginning of the war, they shall be detained, without +injury to their bodies or goods, until information be received by us, +or by our chief justiciar, how the merchants of our land found in the +land at war with us are treated; and if our men are safe there, the +others shall be safe in our land. + +42. It shall be lawful in future for anyone (excepting always those +imprisoned or outlawed in accordance with the law of the kingdom, and +natives of any country at war with us, and merchants, who shall be +treated as if above provided) to leave our kingdom and to return, safe +and secure by land and water, except for a short period in time of +war, on grounds of public policy- reserving always the allegiance due +to us. + +43. If anyone holding of some escheat (such as the honor of +Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats +which are in our hands and are baronies) shall die, his heir shall +give no other relief, and perform no other service to us than he would +have done to the baron if that barony had been in the baron's hand; +and we shall hold it in the same manner in which the baron held it. + +44. Men who dwell without the forest need not henceforth come before +our justiciaries of the forest upon a general summons, unless they are +in plea, or sureties of one or more, who are attached for the forest. + +45. We will appoint as justices, constables, sheriffs, or bailiffs +only such as know the law of the realm and mean to observe it well. + +46. All barons who have founded abbeys, concerning which they hold +charters from the kings of England, or of which they have long +continued possession, shall have the wardship of them, when vacant, as +they ought to have. + +47. All forests that have been made such in our time shall forthwith +be disafforsted; and a similar course shall be followed with regard +to river banks that have been placed "in defense" by us in our time. + +48. All evil customs connected with forests and warrens, foresters +and warreners, sheriffs and their officers, river banks and their +wardens, shall immediately by inquired into in each county by twelve +sworn knights of the same county chosen by the honest men of the same +county, and shall, within forty days of the said inquest, be utterly +abolished, so as never to be restored, provided always that we +previously have intimation thereof, or our justiciar, if we should not +be in England. + +49. We will immediately restore all hostages and charters delivered to +us by Englishmen, as sureties of the peace of faithful service. + +50. We will entirely remove from their bailiwicks, the relations of +Gerard of Athee (so that in future they shall have no bailiwick in +England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of +Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, +Philip Mark with his brothers and his nephew Geoffrey, and the whole +brood of the same. + +51. As soon as peace is restored, we will banish from the kingdom all +foreign born knights, crossbowmen, serjeants, and mercenary soldiers +who have come with horses and arms to the kingdom's hurt. + +52. If anyone has been dispossessed or removed by us, without the +legal judgment of his peers, from his lands, castles, franchises, or +from his right, we will immediately restore them to him; and if a +dispute arise over this, then let it be decided by the five and twenty +barons of whom mention is made below in the clause for securing the +peace. Moreover, for all those possessions, from which anyone has, +without the lawful judgment of his peers, been disseised or removed, +by our father, King Henry, or by our brother, King Richard, and which +we retain in our hand (or which as possessed by others, to whom we are +bound to warrant them) we shall have respite until the usual term of +crusaders; excepting those things about which a plea has been raised, +or an inquest made by our order, before our taking of the cross; but +as soon as we return from the expedition, we will immediately grant +full justice therein. + +53. We shall have, moreover, the same respite and in the same manner +in rendering justice concerning the disafforestation or retention of +those forests which Henry our father and Richard our brother +afforested, and concerning the wardship of lands which are of the fief +of another (namely, such wardships as we have hitherto had by reason +of a fief which anyone held of us by knight's service), and concerning +abbeys founded on other fiefs than our own, in which the lord of the +fee claims to have right; and when we have returned, or if we desist +from our expedition, we will immediately grant full justice to all who +complain of such things. + +54. No one shall be arrested or imprisoned upon the appeal of a woman, +for the death of any other than her husband. + +55. All fines made with us unjustly and against the law of the land, +and all amercements, imposed unjustly and against the law of the land, +shall be entirely remitted, or else it shall be done concerning them +according to the decision of the five and twenty barons whom mention +is made below in the clause for securing the pease, or according to +the judgment of the majority of the same, along with the aforesaid +Stephen, archbishop of Canterbury, if he can be present, and such +others as he may wish to bring with him for this purpose, and if he +cannot be present the business shall nevertheless proceed without him, +provided always that if any one or more of the aforesaid five and +twenty barons are in a similar suit, they shall be removed as far as +concerns this particular judgment, others being substituted in their +places after having been selected by the rest of the same five and +twenty for this purpose only, and after having been sworn. + +56. If we have disseised or removed Welshmen from lands or liberties, +or other things, without the legal judgment of their peers in England +or in Wales, they shall be immediately restored to them; and if a +dispute arise over this, then let it be decided in the marches by the +judgment of their peers; for the tenements in England according to the +law of England, for tenements in Wales according to the law of Wales, +and for tenements in the marches according to the law of the marches. +Welshmen shall do the same to us and ours. + +57. Further, for all those possessions from which any Welshman has, +without the lawful judgment of his peers, been disseised or removed by +King Henry our father, or King Richard our brother, and which we +retain in our hand (or which are possessed by others, and which we +ought to warrant), we will have respite until the usual term of +crusaders; excepting those things about which a plea has been raised +or an inquest made by our order before we took the cross; but as soon +as we return (or if perchance we desist from our expedition), we will +immediately grant full justice in accordance with the laws of the +Welsh and in relation to the foresaid regions. + +58. We will immediately give up the son of Llywelyn and all the +hostages of Wales, and the charters delivered to us as security for +the peace. + +59. We will do towards Alexander, king of Scots, concerning the return +of his sisters and his hostages, and concerning his franchises, and +his right, in the same manner as we shall do towards our other barons +of England, unless it ought to be otherwise according to the charters +which we hold from William his father, formerly king of Scots; and +this shall be according to the judgment of his peers in our court. + +60. Moreover, all these aforesaid customs and liberties, the +observances of which we have granted in our kingdom as far as pertains +to us towards our men, shall be observed b all of our kingdom, as well +clergy as laymen, as far as pertains to them towards their men. + +61. Since, moveover, for God and the amendment of our kingdom and for +the better allaying of the quarrel that has arisen between us and our +barons, we have granted all these concessions, desirous that they +should enjoy them in complete and firm endurance forever, we give and +grant to them the underwritten security, namely, that the barons +choose five and twenty barons of the kingdom, whomsoever they will, +who shall be bound with all their might, to observe and hold, and +cause to be observed, the peace and liberties we have granted and +confirmed to them by this our present Charter, so that if we, or our +justiciar, or our bailiffs or any one of our officers, shall in +anything be at fault towards anyone, or shall have broken any one of +the articles of this peace or of this security, and the offense be +notified to four barons of the foresaid five and twenty, the said four +barons shall repair to us (or our justiciar, if we are out of the +realm) and, laying the transgression before us, petition to have that +transgression redressed without delay. And if we shall not have +corrected the transgression (or, in the event of our being out of the +realm, if our justiciar shall not have corrected it) within forty +days, reckoning from the time it has been intimated to us (or to our +justiciar, if we should be out of the realm), the four barons +aforesaid shall refer that matter to the rest of the five and twenty +barons, and those five and twenty barons shall, together with the +community of the whole realm, distrain and distress us in all possible +ways, namely, by seizing our castles, lands, possessions, and in any +other way they can, until redress has been obtained as they deem fit, +saving harmless our own person, and the persons of our queen and +children; and when redress has been obtained, they shall resume their +old relations towards us. And let whoever in the country desires it, +swear to obey the orders of the said five and twenty barons for the +execution of all the aforesaid matters, and along with them, to molest +us to the utmost of his power; and we publicly and freely grant leave +to everyone who wishes to swear, and we shall never forbid anyone to +swear. + +All those, moveover, in the land who of themselves and of their own +accord are unwilling to swear to the twenty five to help them in +constraining and molesting us, we shall by our command compel the same +to swear to the effect foresaid. And if any one of the five and +twenty barons shall have died or departed from the land, or be +incapacitated in any other manner which would prevent the foresaid +provisions being carried out, those of the said twenty five barons who +are left shall choose another in his place according to their own +judgment, and he shall be sworn in the same way as the others. +Further, in all matters, the execution of which is entrusted,to these +twenty five barons, if perchance these twenty five are present and +disagree about anything, or if some of them, after being summoned, are +unwilling or unable to be present, that which the majority of those +present ordain or command shall be held as fixed and established, +exactly as if the whole twenty five had concurred in this; and the +said twenty five shall swear that they will faithfully observe all +that is aforesaid, and cause it to be observed with all their might. +And we shall procure nothing from anyone, directly or indirectly, +whereby any part of these concessions and liberties might be revoked +or diminished; and if any such things has been procured, let it be +void and null, and we shall never use it personally or by another. + +62. And all the will, hatreds, and bitterness that have arisen between +us and our men, clergy and lay, from the date of the quarrel, we have +completely remitted and pardoned to everyone. Moreover, all +trespasses occasioned by the said quarrel, from Easter in the +sixteenth year of our reign till the restoration of peace, we have +fully remitted to all, both clergy and laymen, and completely +forgiven, as far as pertains to us. And on this head, we have caused +to be made for them letters testimonial patent of the lord Stephen, +archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of +the bishops aforesaid, and of Master Pandulf as touching this security +and the concessions aforesaid. + +63. Wherefore we will and firmly order 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 forever, 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. + +*** + +End of version 0.1 of Project Gutenberg's eBook of The Magna Carta + + + + + + +End of Project Gutenberg's The Magna Carta + +*** END OF THE PROJECT GUTENBERG EBOOK THE MAGNA CARTA *** + +This file should be named magna01.txt or magna01.zip +Corrected EDITIONS of our eBooks get a new NUMBER, magna02.txt +VERSIONS based on separate sources get new LETTER, magna10a.txt + + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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