The Magna Carta

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2010

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Project Gutenberg's The Magna CartaCopyright laws are changing all over the world. Be sure to check the copyright laws for your country before downloadingor redistributing this or any other Project Gutenberg eBook.This header should be the first thing seen when viewing this Project Gutenberg file. Please do not remove it. Do notchange or edit the header without written permission.Please read the "legal small print," and other information about the eBook and Project Gutenberg at the bottom of thisfile. Included is important information about your specific rights and restrictions in how the file may be used. You can alsofind out about how to make a donation to Project Gutenberg, and how to get involved.**Welcome To The World of Free Plain Vanilla Electronic Texts****eBooks Readable By Both Humans and By Computers, Since 1971*******These eBooks Were Prepared By Thousands of Volunteers!*****Title: The Magna CartaRelease Date: March, 2006 [eBook #10000] [Yes, we are more than one year ahead of schedule] [This file was firstposted on October 15, 2003] [Date last updated: January 2, 2003]Edition: 0.1 [1.0 should be posted by December 10, 2003] [The date of the 10th Anniversay of eBook #100]Language: English*** START OF THE PROJECT GUTENBERG EBOOK THE MAGNA CARTA ***A note from Michael Hart, preparer of the 0.1 version.This file contains a number of versions of the Magna Carta, some of which were a little mangled in transit. I am sure ourvolunteers will find ...

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Publié par

sowyeg

Publié le

08 décembre 2010

Nombre de lectures

Langue

English

we are more than one year ahead of schedule][This file was first posted on October 15, 2003][Date last updated: January 2, 2003]Edition: 0.1 [1.0 should be posted by December10, 2003] [The date of the 10th Anniversay ofeBook #100]Language: English*** START OF THE PROJECT GUTENBERG***EBOOK THE MAGNA CARTA A note from Michael Hart, preparer of the 0.1version.This file contains a number of versions of theMagna Carta, some of which were a little mangledin transit. I am sure our volunteers will find andcorrect errors I didn't catch, and that version 0.2 -1.0 will have significant improvments, as well as atleast one more version in Latin.Version 1.0 may contain a dozen differentversions.The Text of Magna Carta

JOHN, by the grace of God King of England, Lordof Ireland, Duke of Normandy and Aquitaine, andCount of Anjou, to his archbishops, bishops,abbots, earls, barons, justices, foresters, sheriffs,stewards, servants, and to all his officials and loyalsubjects, Greeting.KNOW THAT BEFORE GOD, for the health of oursoul and those of our ancestors and heirs, to thehonour of God, the exaltation of the holy Church,and the better ordering of our kingdom, at theadvice of our reverend fathers Stephen,archbishop of Canterbury, primate of all England,and cardinal of the holy Roman Church, Henryarchbishop of Dublin, William bishop of London,Peter bishop of Winchester, Jocelin bishop of Bathand Glastonbury, Hugh bishop of Lincoln, WalterBishop of Worcester, William bishop of Coventry,Benedict bishop of Rochester, Master Pandulfsubdeacon and member of the papal household,Brother Aymeric master of the knighthood of theTemple in England, William Marshal earl ofPembroke, William earl of Salisbury, William earl ofWarren, William earl of Arundel, Alan de Gallowayconstable of Scotland, Warin Fitz Gerald, PeterFitz Herbert, Hubert de Burgh seneschal of Poitou,Hugh de Neville, Matthew Fitz Herbert, ThomasBasset, Alan Basset, Philip Daubeny, Robert deRoppeley, John Marshal, John Fitz Hugh, andother loyal subjects:(1) FIRST, THAT WE HAVE GRANTED TO GOD,and by this present charter have confirmed for usand our heirs in perpetuity, that the English Church

shall be free, and shall have its rightsundiminished, and its liberties unimpaired. That wewish this so to be observed, appears from the factthat of our own free will, before the outbreak of thepresent dispute between us and our barons, wegranted and confirmed by charter the freedom ofthe Church's elections - a right reckoned to be ofthe greatest necessity and importance to it - andcaused this to be confirmed by Pope Innocent III.This freedom we shall observe ourselves, anddesire to be observed in good faith by our heirs inperpetuity.TO ALL FREE MEN OF OUR KINGDOM we havealso granted, for us and our heirs for ever, all theliberties written out below, to have and to keep forthem and their heirs, of us and our heirs:(2) If any earl, baron, or other person that holdslands directly of the Crown, for military service,shall die, and at his death his heir shall be of fullage and owe a `relief', the heir shall have hisinheritance on payment of the ancient scale of`relief'. That is to say, the heir or heirs of an earlshall pay 100 for the entire earl's barony, the heiror heirs of a knight l00s. at most for the entireknight's `fee', and any man that owes less shallpay less, in accordance with the ancient usage of`fees'(3) But if the heir of such a person is under ageand a ward, when he comes of age he shall havehis inheritance without `relief' or fine.

(4) The guardian of the land of an heir who isunder age shall take from it only reasonablerevenues, customary dues, and feudal services.He shall do this without destruction or damage tomen or property. If we have given the guardianshipof the land to a sheriff, or to any personanswerable to us for the revenues, and hecommits destruction or damage, we will exactcompensation from him, and the land shall beentrusted to two worthy and prudent men of thesame `fee', who shall be answerable to us for therevenues, or to the person to whom we haveassigned them. If we have given or sold to anyonethe guardianship of such land, and he causesdestruction or damage, he shall lose theguardianship of it, and it shall be handed over totwo worthy and prudent men of the sa`fe',me ewho shall be similarly answerable to us.(5) For so long as a guardian has guardianship ofsuch land, he shall maintain the houses, parks, fishpreserves, ponds, mills, and everything elsepertaining to it, from the revenues of the land itself.When the heir comes of age, he shall restore thewhole land to him, stocked with plough teams andsuch implements of husbandry as the seasondemands and the revenues from the land canreasonably bear.(6) Heirs may be given in marriage, but not tosomeone of lower social standing. Before amarriage takes place, it shall be' made known tothe heir's next-of-kin.

(7) At her husband's death, a widow may have hermarriage portion and inheritance at once andwithout trouble. She shall pay nothing for herdower, marriage portion, or any inheritance thatshe and her husband held jointly on the day of hisdeath. She may remain in her husband's house forforty days after his death, and within this period herdower shall be assigned to her.(8) No widow shall be compelled to marry, so longas she wishes to remain without a husband. Butshe must give security that she will not marrywithout royal consent, if she holds her lands of theCrown, or without the consent of whatever otherlord she may hold them of.(9) Neither we nor our officials will seize any landor rent in payment of a debt, so long as the debtorhas movable goods sufficient to discharge thedebt. A debtor's sureties shall not be distrainedupon so long as the debtor himself can dischargehis debt. If, for lack of means, the debtor is unableto discharge his debt, his sureties shall beanswerable for it. If they so desire, they may havethe debtor's lands and rents until they havereceived satisfaction for the debt that they paid forhim, unless the debtor can show that he hassettled his obligations to them.(10) If anyone who has borrowed a sum of moneyfrom Jews dies before the debt has been repaid,his heir shall pay no interest on the debt for so longas he remains under age, irrespective of whom heholds his lands. If such a debt falls into the hands

of the Crown, it will take nothing except theprincipal sum specified in the bond.(11) If a man dies owing money to Jews, his wifemay have her dower and pay nothing towards thedebt from it. If he leaves children that are underage, their needs may also be provided for on ascale appropriate to the size of his holding of lands.The debt is to be paid out of the residue, reservingthe service due to his feudal lords. Debts owed topersons other than Jews are to be dealt withsimilarly.(12) No `scutage' or `aid' may be levied in ourkingdom without its general consent, unless it is forthe ransom of our person, to make our eldest sona knight, and (once) to marry our eldest daughter.For these purposes only a reasonable `aid' may belevied. `Aids' from the city of London are to betreated similarly.(13) The city of London shall enjoy all its ancientliberties and free customs, both by land and bywater. We also will and grant that all other cities,boroughs, towns, and ports shall enjoy all theirliberties and free customs.(14) To obtain the general consent of the realm forthe assessment of an `aid' - except in the threecases specified above - or a `scutage', we willcause the archbishops, bishops, abbots, earls, andgreater barons to be summoned individually byletter. To those who hold lands directly of us we willcause a general summons to be issued, through

the sheriffs and other officials, to come together ona fixed day (of which at least forty days notice shallbe given) and at a fixed place. In all letters ofsummons, the cause of the summons will bestated. When a summons has been issued, thebusiness appointed for the day shall go forward inaccordance with the resolution of those present,even if not all those who were summoned haveappeared.(15) In future we will allow no one to levy an `aid'from his free men, except to ransom his person, tomake his eldest son a knight, and (once) to marryhis eldest daughter. For these purposes only areasonable `aid' may be levied.(16) No man shall be forced to perform moreservice for a knight's `fee', or other free holding ofland, than is due from it.(17) Ordinary lawsuits shall not follow the royalcourt around, but shall be held in a fixed place.(18) Inquests of novel disseisin, mort d'ancestor,and darrein presentment shall be taken only in theirproper county court. We ourselves, or in ourabsence abroad our chief justice, will send twojustices to each county four times a year, andthese justices, with four knights of the countyelected by the county itself, shall hold the assizesin the county court, on the day and in the placewhere the court meets.(19) If any assizes cannot be taken on the day ofthe county court, as many knights and freeholders

the county court, as many knights and freeholdersshall afterwards remain behind, of those who haveattended the court, as will suffice for theadministration of justice, having regard to thevolume of business to be done.(20) For a trivial offence, a free man shall be finedonly in proportion to the degree of his offence, andfor a serious offence correspondingly, but not soheavily as to deprive him of his livelihood. In thesame way, a merchant shall be spared hismerchandise, and a husbandman the implementsof his husbandry, if they fall upon the mercy of aroyal court. None of these fines shall be imposedexcept by the assessment on oath of reputablemen of the neighbourhood.(21) Earls and barons shall be fined only by theirequals, and in proportion to the gravity of theiroffence.(22) A fine imposed upon the lay property of aclerk in holy orders shall be assessed upon thesame principles, without reference to the value ofhis ecclesiastical benefice.(23) No town or person shall be forced to buildbridges over rivers except those with an ancientobligation to do so.(24) No sheriff, constable, coroners, or other royalofficials are to hold lawsuits that should be held bythe royal justices.(25) Every county, hundred, wapentake, and tithingshall remain at its ancient rent, without increase,

except the royal demesne manors.(26) If at the death of a man who holds a lay `fee'of the Crown, a sheriff or royal official producesroyal letters patent of summons for a debt due tothe Crown, it shall be lawful for them to seize andlist movable goods found in the lay `fee' of thedead man to the value of the debt, as assessed byworthy men. Nothing shall be removed until thewhole debt is paid, when the residue shall be givenover to the executors to carry out the dead man'swill. If no debt is due to the Crown, all the movablegoods shall be regarded as the property of thedead man, except the reasonable shares of hiswife and children.(27) If a free man dies intestate, his movablegoods are to be distributed by his next-of-kin andfriends, under the supervision of the Church. Therights of his debtors are to be preserved.(28) No constable or other royal official shall takecorn or other movable goods from any man withoutimmediate payment, unless the seller voluntarilyoffers postponement of this.(29) No constable may compel a knight to paymoney for castle-guard if the knight is willing toundertake the guard in person, or with reasonableexcuse to supply some other fit man to do it. Aknight taken or sent on military service shall beexcused from castle-guard for the period of thisservice.(30) No sheriff, royal official, or other person shall

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