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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 *** |
