Group 42-Sells Out! - The Information Archive/Group 42 Sells Out (Group 42) (1996).iso/misc/magna.txt

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                                       1215

                                  MAGNA CARTA
                                       OR
                         THE GREAT CHARTER OF KING JOHN

                         GRANTED JUNE 15TH, A. D. 1215,
                     IN THE SEVENTEENTH YEAR OF HIS REIGN.

  John, by the Grace of God, King of England, Lord of Ireland, Duke of
Normandy and Aquitaine, and Earl of Anjou, to his Archbishops,
Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs,
Governors, Officers, and to all Bailiffs, and his faithful subjects, -
Greeting.
-
  Know ye, that We, in the presence of God, and for the salvation of
our own soul, and of the souls of all our ancestors, and of our heirs,
to the honor of God, and the exaltation of the Holy Church and
amendment of our Kingdom, by the counsel of our venerable fathers,
Stephen Archbishop of Canterbury, Primate of all England, and Cardinal
of the Holy Roman Church, Henry Archbishop of Dublin, William of
London, Peter of Winchester, Joceline of Bath and Glastonbury, Hugh of
Lincoln, Walter of Worcester, William of Coventry, and Benedict of
Rochester, Bishops; Master Pandulph our Lord the Pope's Subdeacon
and familiar, Brother Almeric, Master of the Knights-Templars in
England, and of these noble persons, William Mareschal Earl of
Pembroke, William Earl of Salisbury, William Earl of Warren, William
Earl of Arundel, Alan de Galloway Constable of Scotland, Warin
Fitz-Gerald, Hubert de Burgh Seneschal of Poictou, Peter Fitz-Herbert,
Hugh de Nevil, Matthew Fitz-Herbert, Thomas Basset, Alan Basset,
Philip de Albiniac, Robert de Roppel, John Mareschal, John
Fitz-Hugh, and others our liegemen; have in the First place granted to
God, and by this our present Charter, have confirmed, for us and our
heirs for ever:
-
  (1) That the English Church shall be free, and shall have her
whole rights and her liberties inviolable; and we will this to be
observed in such a manner, that it may appear from thence, that the
freedom of elections, which was reputed most requisite to the
English Church, which we granted, and by our Charter confirmed, and
obtained the Confirmation of the same, from our Lord Pope Innocent the
Third, before the rupture between us and our Barons, was of our own
free will: which Charter we shall observe, and we will it to be
observed with good faith, by our heirs for ever.
  We have also granted to all the Freemen of our Kingdom, for us and
our heirs for ever, all the underwritten Liberties, to be enjoyed
and held by them and by their heirs, from us and from our heirs.
-
  (2) If any of our Earls or Barons, or others who hold of us in chief
by military service, shall die, and at his death his heir shall be
of full age, and shall owe a relief, he shall have his inheritance
by the ancient relief; that is to say, the heir or heirs of an Earl, a
whole Earl's Barony for one hundred pounds: the heir or heirs of a
Baron for a whole Barony, by one hundred pounds; the heir or heirs
of a Knight, for a whole Knight's Fee, by one hundred shillings at
most: and he who owes less, shall give less, according to the
ancient custom of fees.
-
  (3) But if the heir of any such be under age, and in wardship,
when he comes to age he shall have his inheritance without relief
and without fine.
-
  (4) The warden of the land of such heir who shall be under age,
shall not take from the lands of the heir any but reasonable issues,
and reasonable customs, and reasonable services, and the without
destruction and waste of the men or goods, and if we commit the
custody of any such lands to a Sheriff, or any other person who is
bound to us for the issues of them and he shall make destruction or
waste upon the ward- lands we will recover damages from him and the
lands shall be committed to two lawful and discreet men of that fee,
who shall answer for the issues to us, or to him to whom we have
assigned them.  And if we shall give or sell to any one the custody of
any such lands, and he shall make destruction or waste upon them, he
shall lose the custody; and it shall be committed to two lawful and
discreet men of that fee, who shall answer to us in like manner as
it is said before.
-
  (5) But the warden, as long as he hath the custody of the lands,
shall keep up and maintain the houses, parks, warrens, ponds, mills,
and other things belonging to them, our of their issues; and shall
restore to the heir when he comes of full age, his whole estate,
provided with ploughs and other implements of husbandry, according
as the time of Wainage shall require, and the issues of the lands
can reasonably afford.
-
  (6) Heirs shall be married without disparagement, so that before the
marriage be contracted, it shall be notified to the relations of the
heir by consanguinity.
-
  (7) A widow, after the death of her husband, shall immediately,
and without difficulty have her marriage and her inheritance; nor
shall she give any thing for her dower, or for her marriage, or for
her inheritance, which her husband and she held at the day of his
death:  and she may remain in her husband's house forty days after his
death, within which time her dower shall be assigned.
-
  (8) No widow shall be compelled to marry herself, while she is
willing to live without a husband; but yet she shall give security
that she will not marry herself without our consent, if she hold of
us, or without the consent of the lord of whom she does hold, if she
hold of another.
-
  (9) Neither we nor our Bailiffs, will seize any land or rent for any
debt, while the chattels of the debtor are sufficient for the
payment of the debt; nor shall the sureties of the debtor be
compelled, while the principal debtor is able to pay the debt; and
if the principal debtor fail in payment of the debt, not having
wherewith to discharge it, the sureties shall answer for the debt; and
if they be willing, they shall have the lands and rents of the debtor,
until satisfaction be made to them for the debt which they had
before paid for him, unless the principal debtor can shew himself
acquitted thereof against the said sureties.
-
  (10) If any one hath borrowed any thing from the Jews, more or less,
and die before that debt be paid, the debt shall pay no interest so
long as the heir shall be under age, of whomsoever he may hold; and if
that debt shall fall into our hands, we will not take any thing except
the chattel contained in the bond,
-
  (11) And if any one shall die indebted to the Jews, his wife shall
have her dower and shall pay nothing of that debt; and if children
of the deceased shall remain who are under age, necessaries shall be
provided for them, according to the tenement which belonged to the
deceased:  and out of the residue the debt shall be paid, saving the
rights of the lords (of whom the lands are held.)  In like manner
let it be with debts owing to others than Jews.
-
  (12) No scutage nor aid shall be imposed in our kingdom, unless by
the common council of our kingdom; excepting to redeem our person,
to make our eldest son a knight, and once to marry our eldest
daughter, and not for these, unless a reasonable aid shall be
demanded.
-
  (13) In like manner let it be concerning the aids of the City of
London.- And the City of London should have all it's ancient
liberties, and it's free customs, as well by land as by water.-
Furthermore, we will and grant that all other Cities, and Burghs,
and Towns, and Ports, should have all their liberties and free
customs.
-
  (14) And also to have the common council of the kingdom, to assess
and aid, otherwise than in the three cases aforesaid:  and for the
assessing of scutages, we will cause to be summoned the Archbishops,
Bishops, Abbots, Earls, and great Barons, individually, by our
letters.- And besides, we will cause to be summoned in general by
our Sheriffs and Bailiffs, all those who hold of us in chief, at a
certain day, that is to say at the distance of forty days, (before
their meeting,) at the least, and to a certain place; and in all the
letters of summons, we will express the cause of the summons:  and the
summons being thus made, the business shall proceed on the day
appointed, according to the counsel of those who shall be present,
although all who had been summoned have not come.
-
  (15) We will not give leave to any one, for the future, to take an
aid of his own free-men, except for redeeming his own body, and for
making his eldest son a knight, and for marrying once his eldest
daughter; and not that unless it be a reasonable aid.
-
  (16) None shall be compelled to do more service for a
Knight's-Fee, nor for any other free tenement, than what is due from
thence.
-
  (17) Common Pleas shall not follow our court, but shall be held in
any certain place.
-
  (18) Trials upon the Writs of Novel Disseisin, Of Mort d'Ancestre
(death of the ancestor), and Darrien Presentment (last
presentation), shall not be taken but in their proper counties, and in
this manner:- We, or our Chief Justiciary, if we are out of the
kingdom, will send two Justiciaries into each county, four times in
the year, who, with four knights of each county, chosen by the county,
shall hold the aforesaid assizes, within the county on the day, and at
the place appointed.
-
  (19) And if the aforesaid assizes cannot be taken on the day of
the county-court, let as many knights and freeholders, of those who
were present at the county-court remain behind, as shall be sufficient
to do justice, according to the great or less importance of the
business.
-
  (20) A free-man shall not be fined for a small offence, but only
according to the degree of the offence; and for a great delinquency,
according to the magnitude of the delinquency, saving his contenement:
a Merchant shall be fined in the same manner, saving his
merchandise, and a villain shall be fined after the same manner,
saving to him his Wainage, if he shall fall into our mercy; and none
of the aforesaid fines shall be assessed, but by the oath of honest
men of the vicinage.
-
  (21) Earls and Barons shall not be fined but by their Peers, and
that only according to the degree of their delinquency.
-
  (22) No Clerk shall be fined for his lay-tenement, but according
to the manner of the others as aforesaid, and not according to the
quantity of his ecclesiastical benefice.
-
  (23) Neither a town nor any person shall be compelled to build
bridges or embankments, excepting those which anciently, and of right,
are bound to do it.
-
  (24) No Sheriff, Constable, Coroners, nor other of our Bailiffs,
shall hold pleas of our crown.
-
  (25) All Counties, and Hundreds, Trethings, and Wapontakes, shall be
at the ancient rent, without any increase, excepting in our
Demesne-manors.
-
  (26) If any one holding of us a lay-fee dies, and the Sheriff or our
Bailiff, shall shew our letters- patent of summons concerning the debt
which the defunct owed to us, it shall be lawful for the Sheriff or
our Bailiff to attach and register the chattels of the defunct found
on that lay-fee, to the amount of that debt, by the view of lawful
men, so that nothing shall be removed from thence until our debt be
paid to us; and the rest shall be left to the executors to fulfil
the will of the defunct; and if nothing be owing to us by him, all the
chattels shall fall to the defunct, saving to his wife and children
their reasonable shares.
-
  (27) If any free-man shall die intestate, his chattels shall be
distributed by the hands of his nearest relations and friends, by
the view of the Church, saving to every one the debts which the
defunct owed.
-
  (28) No Constable nor other Bailiff of ours shall take the corn or
other goods of any one, without instantly paying money for them,
unless he can obtain respite from the free will of the seller.
-
  (29) No Constable (Governor of a Castle) shall compel any Knight
to give money for castle-guard, if he be willing to perform it in
his own person, or by another able man, if he cannot perform it
himself, for a reasonable cause:  and if we have carried or sent him
into the army, he shall be excused from castle-guard, according to the
time that he shall be in the army by our command.
-
  (30) No Sheriff nor Bailiff of ours, nor any other person shall take
the horses or carts of any free-man, for the purpose of carriage,
without the consent of the said free-man.
-
  (31) Neither we, nor our Bailiffs, will take another man's wood, for
our castles or other uses, unless by the consent of him to whom the
wood belongs.
-
  (32) We will not retain the lands of those who have been convicted
of felony, excepting for one year and one day, and then they shall
be given up to the lord of the fee.
-
  (33) All kydells (wears) for the future shall be quite removed our
of the Thames, and the Medway, and through all England, excepting upon
the sea-coast.
-
  (34) The writ which is called Praecipe, for the future shall not
be granted to any one of any tenement, by which a free-man may lose
his court.
-
  (35) There shall be one measure of wine throughout all our
kingdom, and one measure of ale, and one measure of corn, namely the
quarter of London; and one breadth of dyed cloth, and of russets,
and of halberjects, namely, two ells within the lists. Also it shall
be the same with weights as with measures.
-
  (36) Nothing shall be given or taken for the future for the Writ
of Inquisition of life or limb; but it shall be given without
charge, and not denied.
-
  (37) If any hold of us by Fee-Farm or Socage, or Burgage, and hold
land of another by Military Service, we will not have the custody of
the heir, nor of his lands, which are of the fee of another, on
account of that Fee-Farm, or Socage, or Burgage; nor will we have
the custody of the Fee-Farm, Socage or Burgage, unless the Fee-Farm
owe Military Service. We will not have the custody of the heir, nor of
the lands of any one, which he holds of another by Military Service,
on account of any Petty-Sergeantry which he holds of us by the service
of giving us daggers, or arrows, or the like.
-
  (38) No Bailiff, for the future, shall put any man to his law,
upon his own simple affirmation, without credible witnesses produced
for the purpose.
-
  (39) No freeman shall be seized, or imprisoned, or dispossessed,
or outlawed, or in any way destroyed; nor will we condemn him, nor
will we commit him to prison, excepting by the legal judgement of
his peers, or by the laws of the land.
-
  (40) To none will we sell, to none will we deny, to none will we
delay right or justice.
-
  (41) All Merchants shall have safety and security in coming into
England, and going out of England, and in staying and in travelling
through England, as well by lands as by water, to buy and sell,
without any unjust exactions, according to ancient and right
customs, excepting the time of war, and if they be of a country at war
against us:  and if such are found in our land at the beginning of a
war, they shall be apprehended without injury of their bodies and
goods, until it be known to us, or to our Chief Justiciary, how the
Merchants of our country are treated who are found in the country at
war against us; and if ours be in safety there, the others shall be in
safety in our land.
-
  (42) It shall be lawful to any person, for the future, to go out
of our kingdom, and to return, safely and securely, by land or by
water, saving his allegiance to us, unless it be in time of war, for
some short space, for the common good of the kingdom:  excepting
prisoners and outlaws, according to the laws of the land, and of the
people of the nation at war against us, and Merchants who shall be
treated as it is said above.
-
  (43) If any hold of any escheat, as of the Honor of Wallingford,
Nottingham, Boulogne, Lancaster, or of other escheats which are in our
hand, and are Baronies, and shall die, his heir shall not give any
other relief, nor do any other service to us, than he should have done
to the Baron, if that Barony had been in the hands of the Baron; and
we will hold it in the same manner that the Baron held it.
-
  (44) Men who dwell without the Forest, shall not come, for the
future, before our Justiciaries of the Forest on a common summons;
unless they be parties in a plea, or sureties for some person or
persons who are attached for the Forest.
-
  (45) We will not make Justiciaries, Constables, Sheriffs, or
Bailiffs, excepting of such as know the laws of the land, and are well
disposed to observe them.
-
  (46) All Barons who have founded Abbies, which they hold by charters
from the Kings of England, or by ancient tenure, shall have the
custody of them when they become vacant, as they ought to have.
-
  (47) All Forests which have been made in our time, shall be
immediately disafforested; and it shall be so done with Water-banks,
which have been taken or fenced in by us during our reign.
-
  (48) All evil customs of Forests and Warrens, and of Foresters and
Warreners, Sheriffs and their officers, Water-banks and their keepers,
shall immediately be inquired into by twelve Knights of the same
county, upon oath, who shall be elected by good men of the same
county; and within forty days after the inquisition is made, they
shall be altogether destroyed by them never to be restored; provided
that this be notified to us before it be done, or to our Justiciary,
if we be not in England.
-
  (49) We will immediately restore all hostages and charters, which
have been delivered to us by the English, in security of the peace and
of their faithful service.
-
  (50) We will remove from their bailiwicks the relations of Gerard de
Athyes, so that, for the future they shall have no bailiwick in
England; Engelard de Cygony, Andrew, Peter, and Gyone de Chancell,
Gyone de Cygony, Geoffrey de Martin, and his brothers, Philip Mark,
and his brothers, and Geoffrey his nephew, and all their followers.
-
  (51) And immediately after the conclusion of the peace, we will
remove out of the kingdom all foreign knights, crossbow-men, and
stipendiary soldiers, who have come with horses and arms to the
molestation of the kingdom.
-
  (52) If any have been disseised or dispossessed by us, without a
legal verdict of their peers, of their lands, castles, liberties, or
rights, we will immediately restore these things to them; and if any
dispute shall arise on this head, then it shall be determined by the
verdict of the twenty-five Barons, of whom mention is made below,
for the security of the peace.- Concerning all those things of which
any one hath been disseised or dispossessed, without the legal verdict
of his peers by King Henry our father, or King Richard our brother,
which we have in our hand, or others hold with our warrants, we
shall have respite, until the common term of the Crusaders,
excepting those concerning which a plea had been moved, or an
inquisition taken, by our precept, before our taking the Cross; but as
soon as we shall return from our expedition, or if, by chance, we
should not go upon our expedition, we will immediately do complete
justice therein.
-
  (53) The same respite will we have, and the same justice shall be
done, concerning the disafforestation of the forests, or the forests
which remain to be disafforested, which Henry our father, or Richard
our brother, have afforested; and the same concerning the wardship
of lands which are in another's fee, but the wardship of which we have
hitherto had, occasioned by any of our fees held by Military
Service; and for Abbies founded in any other fee than our own, in
which the Lord of the fee hath claimed a right; and when we shall have
returned, or if we shall stay from our expedition, we shall
immediately do complete justice in all these pleas.
-
  (54) No man shall be apprehended or imprisoned on the appeal of a
woman, for the death of any other man than her husband.
-
  (55) All fines that have been made by us unjustly, or contrary to
the laws of the land; and all fines that have been imposed unjustly,
or contrary to the laws of the land, shall be wholly remitted, or
ordered by the verdict of the twenty-five Barons, of whom mention is
made below, for the security of the peace, or by the verdict of the
greater part of them, together with the aforesaid Stephen,
Archbishop of Canterbury, if he can be present, and others whom he may
think fit to bring with him:  and if he cannot be present, the
business shall proceed, notwithstanding, without him; but so, that
if any one or more of the aforesaid twenty-five Barons have a
similar plea, let them be removed from that particular trial, and
others elected and sworn by the residue of the same twenty-five, be
substituted in their room, only for that trial.
-
  (56) If we have disseised or dispossessed any Welshmen of their
lands, or liberties, or other things, without a legal verdict of their
peers, in England or in Wales, they shall be immediately restored to
them; and if any dispute shall arise upon this head then let it be
determined in the Marches by the verdict of their peers: for a
tenement of England, according to the law of England; for a tenement
of Wales, according to the law of Wales; for tenement of the
Marches, according to the law of the Marches. The Welsh shall do the
same to us and to our subjects.
-
  (57) Also concerning those things of which any Welshman hath been
disseised or dispossessed without the legal verdict of his peers, by
King Henry our father, or King Richard our brother, which we have in
our hand, or others hold with our warrant, we shall have respite,
until the common term of the Crusaders, excepting for those concerning
which a plea had been moved, or an inquisition made, by our precept,
before our taking the cross. But as soon as we shall return from our
expedition, or if, by chance, we should not go upon our expedition, we
shall immediately do complete justice therein, according to the laws
of Wales, and the parts aforesaid.
-
  (58) We will immediately deliver up the son of Llewelin, and all the
hostages of Wales, and release them from their engagements which
were made with us, for the security of the peace.
-
  (59) We shall do to Alexander King of Scotland, concerning the
restoration of his sisters and hostages, and his liberties and rights,
according to the form in which we act to our other Barons of
England, unless it ought to be otherwise by the charters which we have
from his father William, the late King of Scotland; and this shall
be by the verdict of his peers in our court.
-
  (60) Also all these customs and liberties aforesaid, which we have
granted to be held in our kingdom, for so much of it as belongs to us,
all our subjects, as well clergy as laity, shall observe towards their
tenants as far as concerns them.
-
  (61) But since we have granted all these things aforesaid, for
GOD, and for the amendment of our kingdom, and for the better
extinguishing the discord which has arisen between us and our
Barons, we being desirous that these things should possess entire
and unshaken stability for ever, give and grant to them the security
underwritten; namely, that the Barons may elect twenty-five Barons
of the kingdom, whom they please, who shall with their whole power,
observe, keep, and cause to be observed, the peace and liberties which
we have granted to them, and have confirmed by this our present
charter, in this manner:  that is to say, if we, or our Justiciary, or
our bailiffs, or any of our officers, shall have injured any one in
any thing, or shall have violated any article of the peace or
security, and the injury shall have been shown to four of the
aforesaid twenty-five Barons, the said four Barons shall come to us,
or to our Justiciary if we be out of the kingdom, and making known
to us the excess committed, petition that we cause that excess to be
redressed without delay.  And if we shall not have redressed the
excess, or, if we have been out of the kingdom, our Justiciary shall
not have redressed it within the term of forty days, computing from
the time when it shall have been made known to us, or to our
Justiciary if we have been out of the kingdom, the aforesaid four
Barons, shall lay that cause before the residue of the twenty-five
Barons; and they, the twenty-five Barons, with the community of the
whole land, shall distress and harass us by all the ways in which they
are able; that is to say, by the taking of our castles, lands, and
possessions, and by any other means in their power, until the excess
shall have been redressed, according to their verdict; saving harmless
our person, and the persons of our Queen and children; and when it
hath been redressed, they shall behave to us as they have done before.
  And whoever of our land pleaseth, may swear, that he will obey the
commands of the aforesaid twenty-five Barons, in accomplishing all the
things aforesaid, and that with them he will harass us to the utmost
of his power: and we publicly and freely give leave to every one to
swear who is willing to swear; and we will never forbid any to
swear. But all those of our land, who, of themselves, and of their own
accord, are unwilling to swear to the twenty-five Barons, to
distress and harass us together with them, we will compel them by
our command, to swear as aforesaid.
  And if any one of the twenty-five Barons shall die, or remove out of
the land, or in any other way shall be prevented from executing the
things above said, they who remain of the twenty-five Barons shall
elect another in his place, according to their own pleasure, who shall
be sworn in the same manner as the rest.
  In all those things which are appointed to be done by these
twenty-five Barons, if it happen that all the twenty-five have been
present, and have differed in their opinions about any thing, or if
some of them who had been summoned, would not, or could not be
present, that which the greater part of those who were present shall
have provided and decreed, shall be held as firm and as valid, as if
all the twenty-five had agreed in it: and the aforesaid twenty-five
shall swear, that they will faithfully observe, and, with all their
power, cause to be observed, all the things mentioned above.
  And we will obtain nothing from any one, by ourselves, nor by
another, by which any of these concessions and liberties may be
revoked or diminished. And if any such thing shall have been obtained,
let it be void and null: and we will never use it, neither by
ourselves nor by another.
-
  (62) And we have fully remitted and pardoned to all men, all the
ill-will, rancor, and resentments, which have arisen between us and
our subjects, both clergy and laity, from the commencement of the
discord. Moreover, we have fully remitted to all the clergy and laity,
and as far as belongs to us, have fully pardoned all transgressions
committed by occasion of the said discord, from Easter, in the
sixteenth year of our reign [i.e., 1215], until the conclusion of
the peace.
  And, moreover, we have caused to be made to them testimonial
letters-patent of the Lord Stephen, Archbishop of Canterbury, the Lord
Henry, Archbishop of Dublin, and of the aforesaid Bishops, and of
Master Pandulph concerning this security, and the aforesaid
concessions.
-
  (63) Wherefore, our will is and we firmly command that the Church of
England be free, and that the men in our kingdom have and hold the
aforesaid liberties, rights, and concessions, well and in peace,
freely and quietly, fully and entirely, to them and their heirs, of us
and our heirs, in all things and places, for ever as is aforesaid.
  It is also sworn, both on our part, and on that of the Barons,
that all the aforesaid shall be observed in good faith, and without
any evil intention. Witnessed by the above, and many others.
-
  Given by our hand in the Meadow which is called Runningmead, between
Windsor and Staines, this 15th day of June, in the 17th year of our
reign [i.e., 1215: the new year began on May 28th].