Page images
PDF
EPUB

CONTENTS

OF

MAGNA CARTA.

Sect. 29. Who may not hold pleas of the Crown.

*Sect. 30. Counties, Hundreds, &c. shall stand at the old term.
Sect. 31. The King's debtor dying, the King shall be first paid.
Sect. 32. Of the distribution of intestate property.

Sect. 33. No corn or chattels to be taken without payment.

Sect. 34. Of distress on account of Castle Guard.

Sect. 35. Castle guard not due from persons employed in military service.
Sect. 36. The King's Sheriff or Bailiff, not to seize horses or carts for car-

riage.

Sect. 37. No man's timber to be taken for castles, &c. without his consent.
Sect. 38. Felons lands to be holden by the King only a year and a day.
Sect. 39. Wears in the Thames and the Midway to be demolished.
Sect. 40. A præcipe not issueable whereby a man shall lose his cause.
Sect. 41. Uniformity of measures and weights throughout the realm.
Sect. 42. Inquisition of life or member.

Sect. 43. Where there is tenure in soccage of the King, and tenure of
another by Knight's service.

Sect. 44. No wardship shall accrue to the King by reason of Petit-Ser

geantry.

Sect. 45. No wager of law to be demanded without a witness.

Sect. 46. Every freeman shall have trial by judgment of his peers or by
law of the land.

Sect. 47. Right and Justice to be imparted without sale, denial, or delay.
Sect. 48. Safe conduct for ingress and egress to be allowed to merchants.
Sect. 49. Alien merchants to be dealt with, as English merchants are in
the foreign country.

Sect. 50. Free ingress and egress of the realm to every one unless in case
of war.

Sect. 51. Tenure of a barony coming to the King by escheate.
*Sect. 52. None but dwellers in the forest, or persons impleaded concern-
ing the forest, shall be brought before the forest Courts.
*Sect. 53. No law officer shall be appointed but such as know the law.
Sect. 54. Founders of Abbies shall be entitled to the advowsons.
*Sect. 55. All woods and rivers that have been enclosed within the King's

forest, shall be disforested.

*Sect. 56. All bad customs and abuses that have arisen concerniug forests, shall be inquired of and abolished.

*Sect. 57. English hostages to be delivered up.

*Sect. 58. Certain French foreigners to be sent away.

*Sect. 59. Also all hired foreign soldiers and cross bow men.

*Sect. 60. Those who have been unlawfully dispossessed shall be restored.
*Sect. 61. Delay in certain cases during the King's Croisade.
*Sect. 62. The same delay as to disforesting lands improperly inclosed.
Sect. 63. Appeal of death shall not be granted to a woman unless for her
husband.

*Sect. 64. Fines imposed unjustly to be decided on by five and twenty
Barons.

*Sect. 65. Disseisin of lands in England or Wales, to be judged of by the peers of the demandants of the same country with them, and by the law of England or Wales respectively.

*Sect. 66. The King to have delay as to new suits, till after his Croisade. *Sect. 67. Welsh hostages to be dismissed.

*Sect. 68. Treaty to be entered into with the King of the Scots.

*Sect. 69. All persons to observe toward their dependants like customs and immunities with those now granted by the King.

*Sect. 70. The King guaranties to the barons this charter, on pain of dis- CONTENTS tress of his lands and possessions.

*Sect. 71. The orders of the twenty-five Barons hereby appointed, to be

obeyed. *Sect. 72. All persons to be bound on oath to obey the said Barons in distraining the King's land for breach hereof.

*Sect. 73. The twenty five Barons may fill up

vacancies.

*Sect. 74. The majority at a meeting of said Barons may act.

*Sect. 75. Nothing shall be done to invalidate these concessions.

*Sect. 76. Remission of disputes and offences.

*Sect. 77. Letters patent granted in further assurance of these concessions.

Sect. 78. The rights and liberties of the Church, and of the freemen of the realm, promised and declared.

Sect. 79. Sworn to by the King and the Barons, at Runningmede, between Windelsor and Staines, 15th day of June, 17th year of his reign.

OF

MAGNA CARTA.

MAGNA CARTA REGIS JOHANNIS.

XVMO DIE JUNII, REGNI REGIS XVIIMO. MCCXV.

THE MAGNA CARTA OF KING JOHN,

15TH DAY OF JUNE, IN THE 17TH YEAR OF THE KING'S REIGN, A. D. 1215.

JOHANNES, dei gratia rex Anglie, dominus Hibernie, dux Normannie, Aquitanie, et comes Andegavie, archiepiscopis, episcopis, abbatibus, comitibus, baronibus, justiciaris, forestariis, vice-comitibus, prepositis, ministris, et omnibus ballivis, et fidelibus suis, salutem. Sciatis nos intuitu dei et pro salute anime nostre et omnium antecessorum et heredum nostrorum, ad honorem Dei, et exaltationem sancte ecclesie, et emendationem regni nostri, per consilium venerabilium patrum nostrorum, Stephani Cantuariensis archiepiscopi, totius Anglie primatis, et sancte Romane ecclesie Cardinalis, Henrici Dubliniensis archiepiscopi, Willielmi Londoniensis, Petri Wintoniensis, Jocelini Bathoniensis et Glaston, Hugonis Lincolniensis, Walteri Wygorniensis, Willielmi Coventrensis, et Benedicti Roffensis, episcoporum; magistri Pandulfi domini pape subdiaconi et familiaris; fratris Eymerici magistri militie Templi in Anglia;et nobilium virorum Willielmi Marescalli comitis Penbrok, Willielmi comitis Sarum, Willielmi comitis Warennie, Willielmi comitis Arundell, Alani de Galwega, constabularii Scottie, Warini filii Geroldi, Petri filii Hereberti, Huberti de Burgo senescalli Pictavie, Hugonis de Neville, Matthei filii Hereberti, Thome Basset,

we,

JOHN, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitain, and Earl of Anjou: To the Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries of the Forests, Sheriffs, Governors, Officers, and to all Bailiffs, and other his faithful subjects, greeting. Know That ye, in the presence of God, and for the health of our soul, and of the souls of our ancestors and heirs, and to the honour of God, and the exaltation of Holy Church, and amendment of our Kingdom, 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, Bishop of London, Peter of Winchester, Jocelin of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester, Bishops; and Master Pandulph, the Pope's subdeacon and ancient servant, Brother Aymerick, Master of the Temple in England, and the Noble Persons, William Marescall, Earl of Pembroke, William, Earl of Salisbury, William, Earl of Warren, William, Earl of Arundel, Alan de Galoway, Constable of Scotland, Warin Fitz Gerald, Peter Fitz Herebert, and Hubert de Burghe, Senechal of Poictou, Hugo de Nevill,

Alani Basset, Philippi de Albiniaco, Roberti de Roppele, Johannis Marescalli, Johannis filii Hugonis, et aliorum fidelium nostrorum. In primis concessise Deo, et hac presente charta nostra confirmasse, pro nobis et heredibus nostris in perpe

tuum,

I.

Quod Anglicana ecclesia libera sit, et habeat jura sua integra, et libertates suas illesas, et ita volumus observari, quod apparent ex eo, quod libertatem electionum que maxima et magis necessaria reputatur ecclesie Anglicane, mera et spontanea voluntate, ante discordiam inter nos et barones nostros motam, concessimus et carta nostra confirmavimus, et eam obtinuimus a domino papa Innocentio tertio confirmari; quam et nos observabimus, et ab heredibus nostris in perpetuum bona fide volumus observari.

II.

Concessimus etiam omnibus liberis hominibus regni nostri pro nobis et heredibus nostris in perpetuum, omnes libertates subscriptas, habendas et tenendas eis et heredibus suis, de nobis et heredibus nostris.

III.

Si quis comitum vel baronum nostrorum, sive aliorum tenentium de nobis in capite per servitium militare, mortuus fuerit, et cum decesserit heres suus plene etatis fuerit, et relevium debeat, habeat hereditatem suam per antiquum relevium, scillicet heres vel heredis comitis de baronia comitis integra per centum libras. Heres vel heredes baronis de baronia integra per centum libras. Heres vel heredes militis de feodo militis integro, per centum solidos ad plus: et qui minus debuerit, minus det, secundum antiquam con suetudinem feodorum.

[blocks in formation]

That the Church of England shall be free, and enjoy her whole rights and liberties inviolable. And we will have them so to be observed; which appears from hence that the freedom of elections, which was reckoned most necessary for the Church of England, of our own free will and pleasure, we have granted and confirmed by our Charter, and obtained the confirmation of from Pope Innocent the Third, before the discord between us and our Barons; which Charter we shall observe, and do will it to be faitfully observed by our heirs forever.

II.

We have also granted to all the freemen of our Kingdom, for us and our heirs forever, all the underwritten Liberties, to have and to hold to them and their heirs, of us and our heirs.

III.

If any of our Earls, or Barons, or others who hold of us in chief, by military service, shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief; that is to say, the heir or heirs of an Earl, for a whole Earl's barony, by a hundred pounds; the heir or heirs of a Baron, for a whole barony, by a hundred pounds; the heir or heirs of a Knight, for a whole Knight's fee, by a hundred shillings at most; and he that oweth less shall give less, according to the ancient custom of fees.

[blocks in formation]

Custos terre hujusmodi heredis qui infra etatem fuerit, non capiat de terra heredis nisi rationabiles exitus, et rationabiles consuetudines, et rationabilia servitia, et hec sine destructione et vasto hominum vel rerum. Et si nos commisserimus custodiam alicujus talis terre vicecomiti vel alicui alii qui de exitibus illius nobis respondere debeat, et ille destructionem de custodia fecerit vel vastum, nos ab illo capiemus emendam, et terra comittatur duobus legalibus et discretis hominibus de feodo illo, qui de exitibus respondeant nobis vel ei cui nos assignaverimus. Et si dederimus vel vendiderimus alicui custodiam alicujus talis terre, et ille des tructionem inde fecerit vel vastum, amittat ipsam custodiam, et tradatur duobus discretis et legalibus hominibus de feodo illo, qui similiter nobis respondeant, sicut predictum est.

VI.

IV.

But if the heir of any such shall be under age, and shall be in Ward, when he comes of age he shall have his inheritance without relief or without fine.

Custos autem quamdiu custodiam terre habueret, sustentet domos, parcos, vivaria, stagna, molendina, et cetera ad terram illam pertinentia, de exitibus terre ejusdem, et reddat heredi cum et plenam etatem pervenerit, terram suam totam instauratam de carrucis et wainnagiis secundam quod tempus wainnagii exigit, et exitus terre rationabiliter poterant sustinere.

V.

The Warden of the land of such heir, who shall be under age, shall take of the land of such heir only reasonable issues, reasonable customs, and reasonable services; and that without destruction or waste of the men or things; and if we shall commit the guardianship of those lands to the Sheriff, or any other who is answerable to us for the issues of the land, and if he shall make destruction and waste upon the Ward lands, we will compel him to give satisfaction, and the land shall be committed to two lawful and discreet tenants of that fee, who shall be answerable for the issues to us, or to him whom we shall assign. And if we shall give or sell the Wardship of any such lands to any one, and he makes destruction or waste upon them, he shall lose the Wardship, which shall be committed to two lawful and discreet tenants of that fee, who shall in like manner be answerable to us, as hath been said.

VI.

But the Warden, so long as he shall have the Wardship of the land, shall keep up and maintain the houses, parks, warrens, ponds, mills and other things pertaining to the land, out of the issues of the same land; and shall restore to the heir, when he comes of full age, his whole land stocked with ploughs and carriages, according as the time of wainage shall require, and the issues of the land can reasonably bear..

« PreviousContinue »