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583 lines
28 KiB
Plaintext
583 lines
28 KiB
Plaintext
THE MAGNA CARTA (The Great Charter):
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Preamble:
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John, by the grace of God, king of England, lord
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of Ireland, duke of Normandy and Aquitaine, and count
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of Anjou, to the archbishop, bishops, abbots, earls,
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barons, justiciaries, foresters, sheriffs, stewards,
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servants, and to all his bailiffs and liege subjects,
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greetings. Know that, having regard to God and for the
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salvation of our soul, and those of all our ancestors
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and heirs, and unto the honor of God and the advancement
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of his holy Church and for the rectifying of our
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realm, we have granted as underwritten by advice of our
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venerable fathers, Stephen, archbishop of Canterbury,
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primate of all England and cardinal of the holy Roman
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Church, Henry, archbishop of Dublin, William of London,
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Peter of Winchester, Jocelyn of Bath and Glastonbury,
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Hugh of Lincoln, Walter of Worcester, William of
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Coventry, Benedict of Rochester, bishops; of Master
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Pandulf, subdeacon and member of the household of our
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lord the Pope, of brother Aymeric (master of the
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Knights of the Temple in England), and of the
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illustrious men William Marshal, earl of Pembroke,
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William, earl of Salisbury, William, earl of Warenne,
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William, earl of Arundel, Alan of Galloway (constable
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of Scotland), Waren Fitz Gerold, Peter Fitz Herbert,
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Hubert De Burgh (seneschal of Poitou), Hugh de Neville,
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Matthew Fitz Herbert, Thomas Basset, Alan Basset,
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Philip d'Aubigny, Robert of Roppesley, John Marshal,
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John Fitz Hugh, and others, our liegemen.
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1. In the first place we have granted to God, and
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by this our present charter confirmed for us and our
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heirs forever that the English Church shall be free,
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and shall have her rights entire, and her liberties
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inviolate; and we will that it be thus observed; which
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is apparent from this that the freedom of elections,
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which is reckoned most important and very essential
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to the English Church, we, of our pure and
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unconstrained will, did grant, and did by our charter
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confirm and did obtain the ratification of the same
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from our lord, Pope Innocent III, before the quarrel
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arose between us and our barons: and this we will
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observe, and our will is that it be observed in good
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faith by our heirs forever. We have also granted to
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all freemen of our kingdom, for us and our heirs
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forever, all the underwritten liberties, to be had
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and held by them and their heirs, of us and our heirs
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forever.
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2. If any of our earls or barons, or others
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holding of us in chief by military service shall have
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died, and at the time of his death his heir shall be
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full of age and owe "relief", he shall have his
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inheritance by the old relief, to wit, the heir or heirs
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of an earl, for the whole baroncy of an earl by L100;
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the heir or heirs of a baron, L100 for a whole barony;
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the heir or heirs of a knight, 100s, at most, and
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whoever owes less let him give less, according to
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the ancient custom of fees.
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3. If, however, the heir of any one of the
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aforesaid has been under age and in wardship, let him
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have his inheritance without relief and without fine
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when he comes of age.
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4. The guardian of the land of an heir who is thus
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under age, shall take from the land of the heir nothing
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but reasonable produce, reasonable customs, and
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reasonable services, and that without destruction or
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waste of men or goods; and if we have committed the
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wardship of the lands of any such minor to the sheriff,
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or to any other who is responsible to us for its
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issues, and he has made destruction or waster of what
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he holds in wardship, we will take of him amends, and
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the land shall be committed to two lawful and discreet
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men of that fee, who shall be responsible for the
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issues to us or to him to whom we shall assign them;
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and if we have given or sold the wardship of any such
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land to anyone and he has therein made destruction or
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waste, he shall lose that wardship, and it shall be
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transferred to two lawful and discreet men of that
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fief, who shall be responsible to us in like manner
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as aforesaid.
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5. The guardian, moreover, so long as he has the
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wardship of the land, shall keep up the houses, parks,
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fishponds, stanks, mills, and other things pertaining
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to the land, out of the issues of the same land; and
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he shall restore to the heir, when he has come to full
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age, all his land, stocked with ploughs and wainage,
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according as the season of husbandry shall require,
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and the issues of the land can reasonable bear.
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6. Heirs shall be married without disparagement,
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yet so that before the marriage takes place the nearest
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in blood to that heir shall have notice.
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7. A widow, after the death of her husband, shall
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forthwith and without difficulty have her marriage
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portion and inheritance; nor shall she give anything
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for her dower, or for her marriage portion, or for the
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inheritance which her husband and she held on the day
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of the death of that husband; and she may remain in
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the house of her husband for forty days after his
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death, within which time her dower shall be assigned
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to her.
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8. No widow shall be compelled to marry, so long
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as she prefers to live without a husband; provided
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always that she gives security not to marry without
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our consent, if she holds of us, or without the
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consent of the lord of whom she holds, if she holds
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of another.
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9. Neither we nor our bailiffs will seize any
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land or rent for any debt, as long as the chattels of
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the debtor are sufficient to repay the debt; nor shall
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the sureties of the debtor be distrained so long as the
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principal debtor is able to satisfy the debt; and if
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the principal debtor shall fail to pay the debt, having
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nothing wherewith to pay it, then the sureties shall
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answer for the debt; and let them have the lands and
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rents of the debtor, if they desire them, until they
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are indemnified for the debt which they have paid for
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him, unless the principal debtor can show proof that
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he is discharged thereof as against the said sureties.
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10. If one who has borrowed from the Jews any sum,
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great or small, die before that loan be repaid, the
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debt shall not bear interest while the heir is under
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age, of whomsoever he may hold; and if the debt fall
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into our hands, we will not take anything except the
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principal sum contained in the bond.
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11. And if anyone die indebted to the Jews, his
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wife shall have her dower and pay nothing of that debt;
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and if any children of the deceased are left under
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age, necessaries shall be provided for them in keeping
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with the holding of the deceased; and out of the
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residue the debt shall be paid, reserving, however,
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service due to feudal lords; in like manner let it be
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done touching debts due to others than Jews.
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12. No scutage not aid shall be imposed on our
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kingdom, unless by common counsel of our kingdom,
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except for ransoming our person, for making our eldest
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son a knight, and for once marrying our eldest
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daughter; and for these there shall not be levied more
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than a reasonable aid. In like manner it shall be
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done concerning aids from the city of London.
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13. And the city of London shall have all it
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ancient liberties and free customs, as well by land as
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by water; furthermore, we decree and grant that all
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other cities, boroughs, towns, and ports shall have
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all their liberties and free customs.
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14. And for obtaining the common counsel of the
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kingdom anent the assessing of an aid (except in the
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three cases aforesaid) or of a scutage, we will cause
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to be summoned the archbishops, bishops, abbots,
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earls, and greater barons, severally by our letters;
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and we will moveover cause to be summoned generally,
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through our sheriffs and bailiffs, and others who hold
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of us in chief, for a fixed date, namely, after the
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expiry of at least forty days, and at a fixed place;
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and in all letters of such summons we will specify
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the reason of the summons. And when the summons has
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thus been made, the business shall proceed on the day
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appointed, according to the counsel of such as are
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present, although not all who were summoned have come.
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15. We will not for the future grant to anyone
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license to take an aid from his own free tenants,
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except to ransom his person, to make his eldest son a
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knight, and once to marry his eldest daughter; and on
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each of these occasions there shall be levied only a
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reasonable aid.
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16. No one shall be distrained for performance
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of greater service for a knight's fee, or for any
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other free tenement, than is due therefrom.
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17. Common pleas shall not follow our court, but
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shall be held in some fixed place.
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18. Inquests of novel disseisin, of mort
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d'ancestor, and of darrein presentment shall not be
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held elsewhere than in their own county courts, and
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that in manner following; We, or, if we should be out
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of the realm, our chief justiciar, will send two
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justiciaries through every county four times a year,
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who shall alone with four knights of the county chosen
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by the county, hold the said assizes in the county
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court, on the day and in the place of meeting of that
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court.
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19. And if any of the said assizes cannot be
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taken on the day of the county court, let there remain
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of the knights and freeholders, who were present at the
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county court on that day, as many as may be required
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for the efficient making of judgments, according as the
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business be more or less.
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20. A freeman shall not be amerced for a slight
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offense, except in accordance with the degree of the
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offense; and for a grave offense he shall be amerced
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in accordance with the gravity of the offense, yet
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saving always his "contentment"; and a merchant in the
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same way, saving his "merchandise"; and a villein shall
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be amerced in the same way, saving his "wainage" if
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they have fallen into our mercy: and none of the
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aforesaid amercements shall be imposed except by the
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oath of honest men of the neighborhood.
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21. Earls and barons shall not be amerced except
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through their peers, and only in accordance with the
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degree of the offense.
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22. A clerk shall not be amerced in respect of
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his lay holding except after the manner of the others
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aforesaid; further, he shall not be amerced in
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accordance with the extent of his ecclesiastical
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benefice.
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23. No village or individual shall be compelled
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to make bridges at river banks, except those who from
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of old were legally bound to do so.
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24. No sheriff, constable, coroners, or others of
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our bailiffs, shall hold pleas of our Crown.
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25. All counties, hundred, wapentakes, and
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trithings (except our demesne manors) shall remain at
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the old rents, and without any additional payment.
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26. If anyone holding of us a lay fief shall die,
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and our sheriff or bailiff shall exhibit our letters
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patent of summons for a debt which the deceased owed
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us, it shall be lawful for our sheriff or bailiff to attach
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and enroll the chattels of the deceased, found upon the
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lay fief, to the value of that debt, at the sight of
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law worthy men, provided always that nothing whatever
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be thence removed until the debt which is evident
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shall be fully paid to us; and the residue shall be
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left to the executors to fulfill the will of the
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deceased; and if there be nothing due from him to us,
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all the chattels shall go to the deceased, saving to
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his wife and children their reasonable shares.
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27. If any freeman shall die intestate, his
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chattels shall be distributed by the hands of his
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nearest kinsfolk and friends, under supervision of the
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Church, saving to every one the debts which the
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deceased owed to him.
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28. No constable or other bailiff of ours shall
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take corn or other provisions from anyone without
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immediately tendering money therefor, unless he can
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have postponement thereof by permission of the seller.
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29. No constable shall compel any knight to give
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money in lieu of castle-guard, when he is willing to
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perform it in his own person, or (if he himself cannot
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do it from any reasonable cause) then by another
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responsible man. Further, if we have led or sent him
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upon military service, he shall be relieved from guard
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in proportion to the time during which he has been on
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service because of us.
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30. No sheriff or bailiff of ours, or other
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person, shall take the horses or carts of any freeman
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for transport duty, against the will of the said
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freeman.
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31. Neither we nor our bailiffs shall take, for
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our castles or for any other work of ours, wood which
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is not ours, against the will of the owner of that
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wood.
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32. We will not retain beyond one year and one
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day, the lands those who have been convicted of felony,
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and the lands shall thereafter be handed over to the
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lords of the fiefs.
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33. All kydells for the future shall be removed
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altogether from Thames and Medway, and throughout all
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England, except upon the seashore.
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34. The writ which is called praecipe shall not
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for the future be issued to anyone, regarding any
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tenement whereby a freeman may lose his court.
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35. Let there be one measure of wine throughout
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our whole realm; and one measure of ale; and one
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measure of corn, to wit, "the London quarter"; and one
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width of cloth (whether dyed, or russet, or
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"halberget"), to wit, two ells within the selvedges;
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of weights also let it be as of measures.
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36. Nothing in future shall be given or taken for
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a writ of inquisition of life or limbs, but freely it
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shall be granted, and never denied.
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37. If anyone holds of us by fee-farm, either
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by socage or by burage, or of any other land by knight's
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service, we will not (by reason of that fee-farm,
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socage, or burgage), have the wardship of the
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heir, or of such land of his as if of the fief of that
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other; nor shall we have wardship of that fee-farm,
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socage, or burgage, unless such fee-farm owes knight's
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service. We will not by reason of any small serjeancy
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which anyone may hold of us by the service of
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rendering to us knives, arrows, or the like, have
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wardship of his heir or of the land which he holds
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of another lord by knight's service.
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38. No bailiff for the future shall, upon his
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own unsupported complaint, put anyone to his "law",
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without credible witnesses brought for this purposes.
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39. No freemen shall be taken or imprisoned
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or disseised or exiled or in any way destroyed, nor
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will we go upon him nor send upon him, except by the
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lawful judgment of his peers or by the law of the land.
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40. To no one will we sell, to no one will we
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refuse or delay, right or justice.
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41. All merchants shall have safe and secure exit
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from England, and entry to England, with the right to
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tarry there and to move about as well by land as by
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water, for buying and selling by the ancient and right
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customs, quit from all evil tolls, except (in time of
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war) such merchants as are of the land at war with us.
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And if such are found in our land at the beginning of
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the war, they shall be detained, without injury to
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their bodies or goods, until information be received by
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us, or by our chief justiciar, how the merchants of our
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land found in the land at war with us are treated; and
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if our men are safe there, the others shall be safe in
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our land.
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42. It shall be lawful in future for anyone
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(excepting always those imprisoned or outlawed in
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accordance with the law of the kingdom, and natives of
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any country at war with us, and merchants, who shall be
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treated as if above provided) to leave our kingdom and
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to return, safe and secure by land and water, except
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for a short period in time of war, on grounds of public
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policy- reserving always the allegiance due to us.
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43. If anyone holding of some escheat (such as the
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honor of Wallingford, Nottingham, Boulogne, Lancaster,
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or of other escheats which are in our hands and are
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baronies) shall die, his heir shall give no other
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relief, and perform no other service to us than he
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would have done to the baron if that barony had been
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in the baron's hand; and we shall hold it in the same
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manner in which the baron held it.
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44. Men who dwell without the forest need not
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henceforth come before our justiciaries of the forest
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upon a general summons, unless they are in plea, or
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sureties of one or more, who are attached for the forest.
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45. We will appoint as justices, constables,
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sheriffs, or bailiffs only such as know the law of the
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realm and mean to observe it well.
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46. All barons who have founded abbeys, concerning
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which they hold charters from the kings of England, or
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of which they have long continued possession, shall
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have the wardship of them, when vacant, as they ought
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to have.
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47. All forests that have been made such in our
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time shall forthwith be disafforsted; and a similar
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course shall be followed with regard to river banks
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that have been placed "in defense" by us in our time.
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48. All evil customs connected with forests and
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warrens, foresters and warreners, sheriffs and their
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officers, river banks and their wardens, shall
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immediately by inquired into in each county by twelve
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sworn knights of the same county chosen by the honest
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men of the same county, and shall, within forty days of
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the said inquest, be utterly abolished, so as never to
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be restored, provided always that we previously have
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intimation thereof, or our justiciar, if we should not
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be in England.
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49. We will immediately restore all hostages and
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charters delivered to us by Englishmen, as sureties of
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the peace of faithful service.
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50. We will entirely remove from their
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bailiwicks, the relations of Gerard of Athee (so that
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in future they shall have no bailiwick in England);
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namely, Engelard of Cigogne, Peter, Guy, and Andrew of
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Chanceaux, Guy of Cigogne, Geoffrey of Martigny with
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his brothers, Philip Mark with his brothers and his
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nephew Geoffrey, and the whole brood of the same.
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51. As soon as peace is restored, we will banish
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from the kingdom all foreign born knights, crossbowmen,
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serjeants, and mercenary soldiers who have come with
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horses and arms to the kingdom's hurt.
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52. If anyone has been dispossessed or removed by
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us, without the legal judgment of his peers, from his
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lands, castles, franchises, or from his right, we will
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immediately restore them to him; and if a dispute arise
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over this, then let it be decided by the five and
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twenty barons of whom mention is made below in the
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clause for securing the peace. Moreover, for all
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those possessions, from which anyone has, without the
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lawful judgment of his peers, been disseised or
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removed, by our father, King Henry, or by our brother,
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King Richard, and which we retain in our hand (or which
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as possessed by others, to whom we are bound to warrant
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them) we shall have respite until the usual term of
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crusaders; excepting those things about which a plea
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has been raised, or an inquest made by our order,
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before our taking of the cross; but as soon as we return
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from the expedition, we will immediately grant full
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justice therein.
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53. We shall have, moreover, the same respite and
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in the same manner in rendering justice concerning the
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disafforestation or retention of those forests which
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Henry our father and Richard our brother afforested,
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and concerning the wardship of lands which are of the
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fief of another (namely, such wardships as we have
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hitherto had by reason of a fief which anyone held of
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us by knight's service), and concerning abbeys founded
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on other fiefs than our own, in which the lord of the
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fee claims to have right; and when we have returned,
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or if we desist from our expedition, we will
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immediately grant full justice to all who complain of
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such things.
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54. No one shall be arrested or imprisoned upon
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the appeal of a woman, for the death of any other than
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her husband.
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55. All fines made with us unjustly and against
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the law of the land, and all amercements, imposed
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unjustly and against the law of the land, shall be
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entirely remitted, or else it shall be done concerning
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them according to the decision of the five and twenty
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barons whom mention is made below in the clause for
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securing the pease, or according to the judgment of
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the majority of the same, along with the aforesaid
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Stephen, archbishop of Canterbury, if he can be
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present, and such others as he may wish to bring with
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him for this purpose, and if he cannot be present the
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business shall nevertheless proceed without him,
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provided always that if any one or more of the
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aforesaid five and twenty barons are in a similar
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suit, they shall be removed as far as concerns this
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particular judgment, others being substituted in
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their places after having been selected by the rest
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of the same five and twenty for this purpose only, and
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after having been sworn.
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56. If we have disseised or removed Welshmen from
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lands or liberties, or other things, without the
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legal judgment of their peers in England or in Wales,
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they shall be immediately restored to them; and if a
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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 owher 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 art 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.
|
||
|
||
|
||
------------------------------------
|
||
|
||
This is but one of three different translations I found
|
||
of the Magna Carta; it was originally done in Latin,
|
||
probably by the Archbishop, Stephen Langton. It was in
|
||
force for only a few months, when it was violated by the
|
||
king. Just over a year later, with no resolution to the
|
||
war, the king died, being succeeded by his 9-year old son,
|
||
Henry III. The Charter (Carta) was reissued again, with
|
||
some revisions, in 1216, 1217 and 1225. As near as I can
|
||
tell, the version presented here is the one that preceeded
|
||
all of the others; nearly all of it's provisions were soon
|
||
superceded by other laws, and none of it is effective today.
|
||
The two other versions I found each professed to be the
|
||
original, as well. The basic intent of each is the same.
|
||
|
||
- Gerald Murphy (The Cleveland Free-Net - aa300)
|
||
|
||
------------------------------------
|
||
|
||
Prepared by Nancy Troutman (The Cleveland Free-Net - aa345)
|
||
Distributed by the Cybercasting Services Division of the
|
||
National Public Telecomputing Network (NPTN).
|
||
|
||
Permission is hereby given to download, reprint, and/or otherwise
|
||
redistribute this file, provided appropriate point of origin
|
||
credit is given to the preparer(s) and the National Public
|
||
Telecomputing Network.
|
||
V R T
|
||
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