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- 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 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.
-
-