3. And of all their debts which are lent in Newcastle-on-Tyne and of

mortgages there made, pleas shall be held at Newcastle-on-Tyne.

4. None of them shall plead outside the walls of the City of

Newcastle-on-Tyne on any plea, except pleas of tenures outside the city

and except the minters and my ministers.

5. That none of them be distrained by any without the said city for the

repayment of any debt to any person for which he is not capital debtor

or surety.

6. That the burgesses shall be quit of toll and lastage [duty on a

ship's cargo] and pontage [tax for repairing bridges] and have passage

back and forth.

7. Moreover, for the improvement of the city, I have granted them that

they shall be quit of year's gift and of scotale [pressure to buy ale at

the sheriff's tavern], so that my sheriff of Newcastle-on-Tyne or any

other minister shall not make a scotale.

8. And whosoever shall seek that city with his merchandise, whether

foreigners or others, of whatever place they may be, they may come

sojourn and depart in my safe peace, on paying the due customs and

debts, and any impediment to these rights is prohibited.

9. We have granted them also a merchant guild.

10. And that none of them [in the merchant guild] shall fight by combat.

The king no longer lives on his own from income from his own lands, but

takes money from the treasury. A tax of a percentage of 1/15 th of

personal property was levied in 1225 for a war, in return for which the

king signed the Magna Carta. It was to be paid by all tenants-in-chief,

men of the royal domain, burgesses of the boroughs and cities, clerical

tenants-in-chief, and religious houses. The percentage tax came to be

used frequently and ranged from about 1/40 th to 1/5 th. In 1294, this

tax was bifurcated into one percentage amount for the rural districts

and a higher one for urban districts, because the burgesses had greater

wealth and much of it was hard to uncover because it was in the

possession of customers and debtors. It was usually 1/10 th for towns

and royal domains and 1/15 th in the country. This amount of money

collected by this tax increased with the wealth of the country.

The king takes custody of lands of lunatics and idiots, as well as

escheats of land falling by descent to aliens. Henry III took 20s. from

his tenants-in-chief for the marriage of his daughter, and two pounds

for the knighting of his son.

By 1250, the king was hiring soldiers at 2s. per day for knights, and

9d. a day for less heavily armed soldiers, and 6d. a day for

crossbowmen. Some castle-guard was done by watchmen hired at 2d. a day.

Ships were impressed when needed. Sometimes private ships were

authorized to ravage the French coasts and take what spoil they could.

While King Henry III was underage, there was much controversy as to who

should be his ministers of state, such as justiciar, chancellor, and

treasurer. This led to the concept that they should not be chosen by the

king alone. After he came of age, elected men from the baronage fought

to have meetings and his small council in several conferences called

great councils or parliaments (from French "to speak the mind") to

discuss the levying of taxes and the solution of difficult legal cases,

the implementation of the Magna Carta, the appointment of the king's

ministers and sheriffs, and the receipt and consideration of petitions.

The barons paid 1/30 th tax on their moveable property to have three

barons of their choice added to the council. Statutes were enacted.

Landholders were given the duty of electing four of their members in

every county to ensure that the sheriff observed the law and to report

his misdemeanors to the justiciar. They were also given the duty of

electing four men from the county from whom the exchequer was to choose

the sheriff of the year. Earl Montfort and certain barons forced King

Henry III to summon a great council or parliament in 1265 in which the

common people were represented officially by two knights from every

county, two burgesses from every borough, and two representatives from

each major port. So the King's permanent small council became a separate

body from parliament and its members took a specific councilor's oath in

1257 to give faithful counsel, to keep secrecy, to prevent alienation of

ancient demesne, to procure justice for the rich and poor, to allow

justice to be done on themselves and their friends, to abstain from

gifts and misuse of patronage and influence, and to be faithful to the

queen and to the heir.

- The Law -

The barons forced successive Kings to sign the Magna Carta until it

became the law of the land. It became the first statute of the official

statute book. Its provisions express the principle that a king is bound

by the law and is not above it. However, there is no redress if the king

breaches the law.

The Magna Carta was issued by John in 1215. A revised version was

issued by Henry III in 1225 with the forest clauses separated out into a

forest charter. The two versions are replicated together, with the

formatting of each indicated in the titles below.

{Magna Carta - 1215} Magna Carta - 1215 & 1225 MAGNA CARTA

- 1225

{John, by the grace of God, King of England, Lord of Ireland, Duke of

Normandy and Aquitaine, and Count of Anjou: To the Archbishops, Bishops,

Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, Reeves,

Ministers, and all Bailiffs and others, his faithful subjects, Greeting.

Know ye that in the presence of God, and for the health of our soul, and

the souls of our ancestors and heirs, to the honor of God, and the

exaltation of Holy Church, and amendment of our realm, by the advice of

our reverend 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, Jocelin of Bath and

Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry,

and Benedict of Rochester, Bishops; Master Pandulph, the pope's

subdeacon and familiar; Brother Aymeric, Master of the Knights of the

Temple in England; and the noble persons, William Marshall, Earl of

Pembroke; William, Earl of Salisbury; William, Earl of Warren; William,

Earl of Arundel; Alan de Galloway, Constable of Scotland; Warin

Fitz-Gerald, Peter Fitz-Herbert, Hubert de Burgh, Seneshal of Poitou,

Hugh de Neville, Matthew Fitz-Herbert, Thomas Basset, Alan Basset,

Philip Daubeny, Robert de Roppelay, John Marshall, John Fitz-Hugh, and

others, our liegemen:}

HENRY BY THE GRACE OF GOD, KING OF ENGLAND, LORD OF IRELAND, DUKE OF

NORMANDY AND GUYAN AND EARL OF ANJOU, TO ALL ARCHBISHOPS, BISHOPS,

ABBOTS, PRIORS, EARLS, BARONS, SHERIFFS, PROVOSTS, OFFICERS AND TO ALL

BAILIFFS AND OTHER OUR FAITHFUL SUBJECTS WHICH SHALL SEE THIS PRESENT

CHARTER, GREETING.

KNOW YE THAT WE, UNTO THE HONOR OF ALMIGHTY GOD, AND FOR THE SALVATION

OF THE SOULS OF OUR PROGENITORS AND SUCCESSORS KINGS OF ENGLAND, TO THE

ADVANCEMENT OF HOLY CHURCH AND AMENDMENT OF OUR REALM, OF OUR MERE AND

FREE WILL, HAVE GIVEN AND GRANTED TO ALL ARCHBISHOPS, BISHOPS, ABBOTS,

PRIORS, EARLS, BARONS, AND TO ALL FREE MEN OF THIS OUR REALM, THESE

LIBERTIES FOLLOWING, TO BE KEPT IN OUR KINGDOM OF ENGLAND FOREVER.

[I. A CONFIRMATION OF LIBERTIES]

First, 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 enjoy her whole rights and her liberties inviolable. {And

that we will this so to be observed appears from the fact that we of our

own free will, before the outbreak of the dissensions between us and our

barons, granted, confirmed, and procured to be confirmed by Pope

Innocent III the freedom of elections, which is considered most

important and necessary to the English Church, which Charter we will

both keep ourself and will it to be kept with good faith by our heirs

forever.} We have also granted to all the free men of our realm, for us

and our heirs forever, all the liberties underwritten, to have and to

hold to them and their heirs of us and our heirs.

[II. THE RELIEF OF THE KING'S TENANT OF FULL AGE]

If any of our earls, barons, or others who hold of us in chief by

knight's service dies, and at the time of his death his heir is of full

age and owes to us a relief, he shall have his inheritance on payment of

[no more than] the old relief; to wit, the heir or heirs of an earl, for

an entire earldom, 100 pounds [2,000s.]; the heir or heirs of a baron of

an entire barony, {100 pounds} 100 MARKS [67 POUNDS OR 1340s.]; the heir

or heirs of an entire knight's fee, 100s. at the most [about 1/3 of a

knight's annual income]; and he who owes less shall give less, according

to the old custom of fees.

[III. THE WARDSHIP OF AN HEIR WITHIN AGE. THE HEIR A KNIGHT]

BUT IF THE HEIR OF SUCH BE UNDER AGE, HIS LORD SHALL NOT HAVE THE WARD

OF HIM, NOR OF HIS LAND, BEFORE THAT HE HAS TAKEN OF HIM HOMAGE. If,

however, any such heir is under age and in ward, he shall have his

inheritance without relief or fine when he comes of age, THAT IS,

TWENTY-ONE YEARS OF AGE. SO THAT IF SUCH AN HEIR NOT OF AGE IS MADE A

KNIGHT, YET NEVERTHELESS HIS LAND SHALL REMAIN IN THE KEEPING OF HIS

LORD UNTO THE AFORESAID TERM.

[IV. NO WASTE SHALL BE MADE BY A GUARDIAN IN WARD'S LANDS]

The guardian of the land of any heir thus under age shall take therefrom

only reasonable issues, customs, and services, without destruction or

waste of men or goods. And if we commit the custody of any such land to

the sheriff or any other person answerable to us for the issues of the

same land, and he commits destruction or waste, we will take an amends

from him and recompense therefore. And the land shall be committed to

two lawful and discreet men of that fee, who shall be answerable for the

issues of the same land to us or to whomsoever we shall have assigned

them. And if we give or sell the custody of any such land to any man,

and he commits destruction or waste, he shall lose the custody, which

shall be committed to two lawful and discreet men of that fee, who

shall, in like manner, be answerable to us as has been aforesaid.

[V. GUARDIANS SHALL MAINTAIN THE INHERITANCE OF THEIR WARDS AND OF

BISHOPRICKS, ETC.]

The guardian, so long as he shall have the custody of the land, shall

keep up and maintain the houses, parks, fishponds, pools, mills, and

other things pertaining thereto, out of the issues of the same, and

shall restore to the heir when he comes of age, all his land stocked

with {ploughs and tillage, according as the season may require and the

issues of the land can reasonably bear} PLOUGHS AND ALL OTHER THINGS, AT

THE LEAST AS HE RECEIVED IT. ALL THESE THINGS SHALL BE OBSERVED IN THE

CUSTODIES OF VACANT ARCHBISHOPRICKS, BISHOPRICKS, ABBEYS, PRIORIES,

CHURCHES, AND DIGNITIES, WHICH APPERTAIN TO US; EXCEPT THIS, THAT SUCH

CUSTODY SHALL NOT BE SOLD.

[VI. HEIRS SHALL BE MARRIED WITHOUT DISPARAGEMENT]

Heirs shall be married without loss of station. {And the marriage shall

be made known to the heir's nearest of kin before it is agreed.}

[VII. A WIDOW SHALL HAVE HER MARRIAGE, INHERITANCE, AND QUERENTINE

(period of forty days during which the widow has a privilege of

remaining in the mansion house of which her husband died seized). THE

KING'S WIDOW, ETC.]

A widow, after the death of her husband, shall immediately and without

difficulty have her marriage portion [property given to her by her

father] and inheritance. She shall not give anything for her marriage

portion, dower, or inheritance which she and her husband held on the day

of his death, and she may remain in her husband's house for forty days

after his death, within which time her dower shall be assigned to her.

IF THAT HOUSE IS A CASTLE AND SHE LEAVES THE CASTLE, THEN A COMPETENT

HOUSE SHALL FORTHWITH BE PROVIDED FOR HER, IN WHICH SHE MAY HONESTLY

DWELL UNTIL HER DOWER IS ASSIGNED TO HER AS AFORESAID; AND IN THE

MEANTIME HER REASONABLE ESTOVERS OF THE COMMON [NECESSARIES OR SUPPLIES

SUCH AS WOOD], ETC.

No widow shall be compelled [by penalty of fine] to marry so long as she

has a mind to live without a husband, provided, however, that she gives

security that she will not marry without our assent, if she holds of us,

or that of the lord of whom she holds, if she holds of another.

[VIII. HOW SURETIES SHALL BE CHARGED TO THE KING]

Neither we nor our bailiffs shall seize any land or rent for any debt as

long as the debtor's goods and chattels suffice to pay the debt AND THE

DEBTOR HIMSELF IS READY TO SATISFY THEREFORE. Nor shall the debtor's

sureties be distrained as long as the debtor is able to pay the debt. If

the debtor fails to pay, not having the means to pay, OR WILL NOT PAY

ALTHOUGH ABLE TO PAY, then the sureties shall answer the debt. And, if

they desire, they shall hold the debtor's lands and rents until they

have received satisfaction of that which they had paid for him, unless

the debtor can show that he has discharged his obligation to them.

{If anyone who has borrowed from the Jews any sum of money, great or

small, dies before the debt has been paid, the heir shall pay no

interest on the debt as long as he remains under age, of whomsoever he

may hold. If the debt falls into our hands, we will take only the

principal sum named in the bond.}

{And if any man dies indebted to the Jews, his wife shall have her dower

and pay nothing of that debt; if the deceased leaves children under age,

they shall have necessaries provided for them in keeping with the estate

of the deceased, and the debt shall be paid out of the residue, saving

the service due to the deceased's feudal lords. So shall it be done with

regard to debts owed persons other than Jews.}

[IX. THE LIBERTIES OF LONDON AND OTHER CITIES AND TOWNS CONFIRMED]

The City of London shall have all her old liberties and free customs,

both by land and water. Moreover, we will and grant that all other

cities, boroughs, towns, and ports shall have all their liberties and

free customs.

{No scutage or aid shall be imposed in our realm unless by common

counsel thereof, except to ransom our person, make our eldest son a

knight, and once to marry our eldest daughter, and for these only a

reasonable aid shall be levied. So shall it be with regard to aids from

the City of London.}

{To obtain the common counsel of the realm concerning the assessment of

aids (other than in the three aforesaid cases) or of scutage, we will

have the archbishops, bishops, abbots, earls, and great barons

individually summoned by our letters; we will also have our sheriffs and

bailiffs summon generally all those who hold lands directly of us, to

meet on a fixed day, but with at least forty days' notice, and at a

fixed place. In all such letters of summons, we will explain the reason

therefor. After summons has thus been made, the business shall proceed

on the day appointed, according to the advice of those who are present,

even though not all the persons summoned have come.}

{We will not in the future grant permission to any man to levy an aid

upon his free men, except to ransom his person, make his eldest son a

knight, and once to marry his eldest daughter, and on each of these

occasions only a reasonable aid shall be levied.}

[X. NONE SHALL DISTRAIN FOR MORE SERVICE THAN IS DUE.]

No man shall be compelled to perform more service for a knight's fee nor

any freehold than is due therefrom.

[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT]

People who have Common Pleas shall not follow our Court traveling about

the realm, but shall be heard in some certain place.

[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT FOR

DIFFICULTY]

{Land assizes of novel disseisin, mort d'ancestor and darrein

presentment shall be heard only in the county where the property is

situated, and in this manner: We or, if we are not in the realm, our

Chief Justiciary, shall send two justiciaries through each county four

times a year [to clear and prevent backlog], and they, together with

four knights elected out of each county by the people thereof, shall

hold the said assizes in the county court, on the day and in the place

where that court meets.}

ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY IN THE

COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS MANNER: WE, OR IF WE

ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL SEND JUSTICIARIES

THROUGH EACH COUNTY ONCE A YEAR, AND THEY TOGETHER WITH KNIGHTS OF THAT

COUNTY SHALL HOLD THE SAID ASSIZES IN THE COUNTY.

{If the said assizes cannot be held on the day appointed, so many of the

knights and freeholders as were present on that day shall remain as will

be sufficient for the administration of justice, according to the amount

of business to be done.}

AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES, BEING

SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE DETERMINED, SHALL

BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR CIRCUIT; AND THOSE THINGS

WHICH FOR DIFFICULTY OF SOME ARTICLES CANNOT BE DETERMINED BY THEM,

SHALL BE REFERRED TO OUR JUSTICES OF THE BENCH AND THERE SHALL BE ENDED.

[XIII. ASSIZES OF DARREIN PRESENTMENT]

ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR JUSTICES

OF THE BENCH AND THERE SHALL BE DETERMINED.

[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM]

A freeman shall be amerced [made to pay a fine to the King] for a small

offense only according to the degree thereof, and for a serious offense

according to its magnitude, saving his position and livelihood; and in

like manner a merchant, saving his trade and merchandise, and a villein

saving his tillage, if they should fall under our mercy. None of these

amercements shall be imposed except by the oath of honest men of the

neighborhood.

Earls and barons shall be amerced only by their peers, and only in

accordance with the seriousness of the offense.

{No amercement shall be imposed upon a cleric's lay tenement, except in

the manner of the other persons aforesaid, and without regard to the

value of his ecclesiastical benefice.}

NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH THE

SERIOUSNESS OF THE OFFENSE AND AFTER HIS LAY TENEMENT, BUT NOT AFTER THE

QUANTITY OF HIS SPIRITUAL BENEFICE.

[XV. MAKING OF BRIDGES AND BANKS]

No town or freeman shall be compelled to build bridges over rivers OR

BANKS except those bound by old custom and law to do so.

[XVI. DEFENDING OF BANKS]

NO BANKS [LAND NEAR A RIVER] SHALL BE DEFENDED [USED BY THE KING ALONE,

E.G. FOR HUNTING], FROM HENCEFORTH, BUT SUCH AS WERE IN DEFENSE IN THE

TIME OF KING HENRY [II] OUR GRANDFATHER, BY THE SAME PLACES AND IN THE

SAME BOUNDS AS IN HIS TIME.

[XVII. HOLDING PLEAS OF THE CROWN]

No sheriff, constable, coroners, or other of our bailiffs shall hold

pleas of our Crown [but only justiciars, to prevent disparity of

punishments and corruption].

{All counties, hundreds, wapentakes, and tithings (except our demesne

manors) shall remain at the old rents, without any increase.}

[XVIII. THE KING'S DEBTOR DYING, THE KING SHALL BE FIRST PAID]

If anyone holding a lay fee of us dies, and our sheriff or our bailiff

show our letters patent [public letter from a sovereign or one in

authority] of summons for a debt due to us from the deceased, it shall

be lawful for such sheriff or bailiff to attach and list the goods and

chattels of the deceased found in the lay fee to the value of that debt,

by the sight and testimony of lawful men [to prevent taking too much],

so that nothing thereof shall be removed therefrom until our whole debt

is paid; then the residue shall be given up to the executors to carry

out the will of the deceased. If there is no debt due from him to us,

all his chattels shall remain the property of the deceased, saving to

his wife and children their reasonable shares.

{If any freeman dies intestate, his chattels shall be distributed by his

nearest kinfolk and friends, under supervision of the Church, saving to

each creditor the debts owed him by the deceased.}

[XIX. PURVEYANCE FOR A CASTLE]

No constable or other of our bailiffs shall take grain or other chattels

of any man without immediate payment, unless the seller voluntarily

consents to postponement of payment. THIS APPLIES IF THE MAN IS NOT OF

THE TOWN WHERE THE CASTLE IS. BUT IF THE MAN IS OF THE SAME TOWN AS

WHERE THE CASTLE IS, THE PRICE SHALL BE PAID TO HIM WITHIN 40 DAYS.

[XX. DOING OF CASTLE-GUARD]

No constable shall compel any knight to give money for keeping of his

castle in lieu of castle-guard when the knight is willing to perform it

in person or, if reasonable cause prevents him from performing it

himself, by some other fit man. Further, if we lead or send him into

military service, he shall be excused from castle-guard for the time he

remains in service by our command.

[XXI. TAKING OF HORSES, CARTS, AND WOOD]

No sheriff or bailiff of ours, or any other man, shall take horses or

carts of any freeman for carriage without the owner's consent. HE SHALL

PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH TWO HORSES, 10d. A DAY;

FOR THREE HORSES, 14d. A DAY. NO DEMESNE CART OF ANY SPIRITUAL PERSON OR

KNIGHT OR ANY LORD SHALL BE TAKEN BY OUR BAILIFFS.

Neither we nor our bailiffs will take another man's wood for our castles

or for other of our necessaries without the owner's consent.

[XXII. HOW LONG FELONS' LANDS SHALL BE HELD BY THE KING]

We will hold the lands of persons convicted of felony for only a year

and a day [to remove the chattels and movables], after which they shall

be restored to the lords of the fees.

[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED]

All fishweirs [obstructing navigation] shall be entirely removed by the

Thames and Medway rivers, and throughout England, except upon the

seacoast.

[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE]

The [royal] writ called "praecipe in capite" [for tenements held in

chief of the Crown] shall not in the future be granted to anyone

respecting any freehold if thereby a freeman [who has a mesne lord] may

not be tried in his lord's court.

[XXV. THERE SHALL BE BUT ONE MEASURE THROUGHOUT THE REALM]

There shall be one measure of wine throughout our realm, one measure of

ale, and one measure of grain, to wit, the London quarter, and one

breadth of dyed cloth, russets, and haberjets, to wit, two {ells} YARDS

within the selvages. As with measures so shall it also be with weights.

[XXVI. INQUISITION OF LIFE AND LIMB]

Henceforth nothing shall be given or taken for a writ of inquisition

upon life or limb, but it shall be granted freely and not denied.

[XXVII. TENURE OF THE KING IN SOCAGE AND OF ANOTHER BY KNIGHT'S SERVICE.

PETIT SERJEANTY.]

If anyone holds of us by fee farm, socage, or burgage, and also holds

land of another by knight's service, we will not by reason of that fee

farm, socage, or burgage have the wardship of his heir, or the land

which belongs to another man's fee. Nor will we have the custody of such

fee farm, socage, or burgage unless such fee farm owe knight's service.

We will not have the wardship of any man's heir, or the land which he

holds of another by knight's service, by reason of any petty serjeanty

which he holds of us by service of rendering us knives, arrows, or the

like.

[XXVIII. WAGES OF LAW SHALL NOT BE WITHOUT WITNESS]

In the future no [royal] bailiff shall upon his own unsupported

accusation put any man to trial or oath without producing credible

witnesses to the truth of the accusation.

[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT BE SOLD

OR DELAYED.]

No freeman shall be taken, imprisoned, disseised OF HIS FREEHOLD OR

LIBERTIES OR FREE CUSTOMS, OR BE outlawed, banished, or in any way

ruined, nor will we prosecute or condemn him, except by the lawful

judgment of his peers or by the law of the land.

To no one will we sell [by bribery], to none will we deny or delay,

right or justice.

[XXX. MERCHANT STRANGERS COMING INTO THIS REALM SHALL BE WELL USED]

All merchants shall have safe conduct to go and come out of and into

England, and to stay in and travel through England by land and water, to

buy and sell, without evil tolls, in accordance with old and just

customs, except, in time of war, such merchants as are of a country at

war with us. If any such be found in our realm at the outbreak of war,

they shall be detained, without harm to their bodies or goods, until it

be known to us or our Chief Justiciary how our merchants are being

treated in the country at war with us. And if our merchants are safe

there, then theirs shall be safe with us.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 17 / 67 段