{Henceforth anyone, saving his allegiance due to us, may leave our realm

and return safely and securely by land and water, except for a short

period in time of war, for the common benefit of the realm.}

[XXXI. TENURE OF A BARONY COMING INTO THE KING'S HANDS BY ESCHEAT]

If anyone dies holding of any escheat, such as the honor of Wallingford,

Nottingham, Boulogne, {Lancaster,} or other escheats which are in our

hands and are baronies, his heir shall not give any relief or do any

service to us other than he would owe to the baron, if such barony had

been in the baron's hands. And we will hold the escheat in the same

manner in which the baron held it. NOR SHALL WE HAVE, BY OCCASION OF ANY

BARONY OR ESCHEAT, ANY ESCHEAT OR KEEPING OF ANY OF OUR MEN, UNLESS HE

WHO HELD THE BARONY OR ESCHEAT ELSEWHERE HELD OF US IN CHIEF.

Persons dwelling outside the forest [in the county] need not in the

future come before our justiciaries of the forest in answer to a general

summons unless they are impleaded or are sureties for any person or

persons attached for breach of forest laws.

[XXXII. LANDS SHALL NOT BE ALIENED TO THE PREJUDICE OF THE LORD'S

SERVICE]

NO FREEMAN FROM HENCEFORTH SHALL GIVE OR SELL ANY MORE OF HIS LAND, BUT

SO THAT OF THE RESIDUE OF THE LANDS THE LORD OF THE FEE MAY HAVE THE

SERVICE DUE TO HIM WHICH BELONGS TO THE FEE.

{We will appoint as justiciaries, constables, sheriffs, or bailiffs only

such men as know the law of the land and will keep it well.}

[XXXIII. PATRONS OF ABBEYS SHALL HAVE THE CUSTODY OF THEM WHEN VACANT]

All barons who had founded abbeys of which they have charters of English

Kings or old tenure, shall have the custody of the same when vacant, as

is their due.

All forests which have been created in our time shall forthwith be

disafforested. {So shall it be done with regard to river banks which

have been enclosed by fences in our time.}

{All evil customs concerning forests and warrens [livestock grounds in

forests], foresters and warreners, sheriffs and their officers, or

riverbanks and their conservators shall be immediately investigated in

each county by twelve sworn knights of such county, who are chosen by

honest men of that county, and shall within forty days after this

inquest be completely and irrevocably abolished, provided always that

the matter has first been brought to our knowledge, or that of our

justiciars, if we are not in England.}

{We will immediately return all hostages and charters delivered to us by

Englishmen as security for the peace or for the performance of loyal

service.}

{We will entirely remove from their offices the kinsmen of Gerald de

Athyes, so that henceforth they shall hold no office in England:

Engelard de Cigogne, Peter, Guy, and Andrew de Chanceaux, Guy de

Cigogne, Geoffrey de Martigny and his brothers, Philip Mark and his

brothers, and Geoffrey his nephew, and all their followers.}

{As soon as peace is restored, we will banish from our realm all foreign

knights, crossbowmen, sergeants, and mercenaries, who have come with

horses and arms, to the hurt of the realm.}

{If anyone has been disseised or deprived by us, without the legal

judgment of his peers, of lands, castles, liberties, or rights, we will

immediately restore the same, and if any disagreement arises on this,

the matter shall be decided by judgment of the twenty- five barons

mentioned below in the clause for securing the peace. With regard to all

those things, however, of which any man was disseised or deprived,

without the legal judgment of his peers, by King Henry [II] our Father

or our Brother King Richard, and which remain in our hands or are held

by others under our warranty, we shall have respite during the term

commonly allowed to the Crusaders, excepting those cases in which a plea

was begun or inquest made on our order before we took the cross; when,

however, we return from our pilgrimage, or if perhaps we do not

undertake it, we will at once do full justice in these matters.}

{Likewise, we shall have the same respite in rendering justice with

respect to the disafforestation or retention of those forests which

Henry [II] our Father or Richard our Brother afforested, and concerning

custodies of lands which are of the fee of another, which we hitherto

have held by reason of the fee which some person has held of us by

knight's service, and to abbeys founded on fees other than our own, in

which the lord of that fee asserts his right. When we return from our

pilgrimage, or if we do not undertake it, we will forthwith do full

justice to the complainants in these matters.}

[XXXIV. IN WHAT ONLY CASE A WOMAN SHALL HAVE AN APPEAL OF DEATH]

No one shall be arrested or imprisoned upon a woman's appeal for the

death of any person other than her husband [since no woman was expected

to personally engage in trial by combat].

[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN AND A

LEET COURT (COURT OF CRIMINAL JURISDICTION EXCEPTING FELONIES)]

NO COUNTY COURT FROM HENCEFORTH SHALL BE HELD, BUT FROM MONTH TO MONTH;

AND WHERE GREATER TIME HAS BEEN USED, THERE SHALL BE GREATER. NOR SHALL

ANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN THE HUNDRED BUT TWICE IN

THE YEAR; AND NO WHERE BUT IN DUE PLACE AND ACCUSTOMED TIME, THAT IS,

ONCE AFTER EASTER, AND AGAIN AFTER THE FEAST OF SAINT MICHAEL. AND THE

VIEW OF FRANKPLEDGE [THE RIGHT OF ASSEMBLING THE WHOLE MALE POPULATION

OVER 12 YEARS EXCEPT CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT

THE LEET OR SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT OF

THE PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] SHALL BE

LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, SO THAT EVERY

MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO HAVE, IN THE TIME OF

KING HENRY [II] OUR GRANDFATHER, OR WHICH HE HAS SINCE PURCHASED. THE

VIEW OF FRANKPLEDGE SHALL BE SO DONE, THAT OUR PEACE MAY BE KEPT; AND

THAT THE TYTHING BE WHOLLY KEPT AS IT HAS BEEN ACCUSTOMED; AND THAT THE

SHERIFF SEEK NO OCCASIONS, AND THAT HE BE CONTENT WITH SO MUCH AS THE

SHERIFF WAS WONT TO HAVE FOR HIS VIEW-MAKING IN THE TIME OF KING HENRY

OUR GRANDFATHER.

[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN]

IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO ANY

RELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF THE SAME

HOUSE [THEREBY EXTINGUISHING THE FEUDAL RIGHTS OF THE TEMPORAL LORD].

NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION TO TAKE THE LANDS OF

ANY, AND TO LEASE THE SAME TO HIM OF WHOM HE RECEIVED IT. IF ANY FROM

HENCEFORTH GIVE HIS LANDS TO ANY RELIGIOUS HOUSE, AND THEREUPON BE

CONVICTED, THE GIFT SHALL BE UTTERLY VOID, AND THE LAND SHALL ACCRUE TO

THE LORD OF THE FEE.

{All fines unjustly and unlawfully given to us, and all amercements

levied unjustly and against the law of the land, shall be entirely

remitted or the matter decided by judgment of the twenty-five barons

mentioned below in the clause for securing the peace, or the majority of

them, together with the aforesaid Stephen, Archbishop of Canterbury, if

he himself can be present, and any others whom he may wish to bring with

him for the purpose; if he cannot be present, the business shall

nevertheless proceed without him. If any one or more of the said

twenty-five barons has an interest in a suit of this kind, he or they

shall step down for this particular judgment, and be replaced by another

or others, elected and sworn by the rest of the said barons, for this

occasion only.}

{If we have disseised or deprived the Welsh of lands, liberties, or

other things, without legal judgment of their peers, in England or

Wales, they shall immediately be restored to them, and if a disagreement

arises thereon, the question shall be determined in the Marches by

judgment of their peers according to the law of England as to English

tenements, the law of Wales as to Welsh tenements, the law of the

Marches as to tenements in the Marches. The same shall the Welsh do to

us and ours.}

{But with regard to all those things of which any Welshman was disseised

or deprived, without legal judgment of his peers, by King Henry [II] our

Father or our Brother King Richard, and which we hold in our hands or

others hold under our warranty, we shall have respite during the term

commonly allowed to the Crusaders, except as to those matters whereon a

suit had arisen or an inquisition had been taken by our command prior to

our taking the cross. Immediately after our return from our pilgrimage,

or if by chance we do not undertake it, we will do full justice

according to the laws of the Welsh and the aforesaid regions.}

{We will immediately return the son of Llywelyn, all the Welsh hostages,

and the charters which were delivered to us as security for the peace.}

{With regard to the return of the sisters and hostages of Alexander,

King of the Scots, and of his liberties and rights, we will do the same

as we would with regard to our other barons of England, unless it

appears by the charters which we hold of William his father, late King

of the Scots, that it ought to be otherwise; this shall be determined by

judgment of his peers in our court.}

[XXXVII. SUBSIDY IN RESPECT OF THIS CHARTER, AND THE CHARTER OF THE

FOREST, GRANTED TO THE KING.]

ESCUAGE [SERVICE OF THE SHIELD, A TENURE IN KNIGHTS' SERVICE] FROM

HENCEFORTH SHALL BE TAKEN AS IT WAS WONT TO BE IN THE TIME OF KING HENRY

[II] OUR GRANDFATHER; RESERVING TO ALL ARCHBISHOPS, BISHOPS, ABBOTS,

PRIORS, TEMPLERS, HOSPITALLERS, EARLS, BARONS, AND ALL PERSONS AS WELL

SPIRITUAL AS TEMPORAL; ALL THEIR FREE LIBERTIES AND FREE CUSTOMS, WHICH

THEY HAVE HAD IN TIME PASSED. AND ALL THESE CUSTOMS AND LIBERTIES

AFORESAID, WHICH WE HAVE GRANTED TO BE HELD WITHIN THIS OUR REALM, AS

MUCH AS PERTAINS TO US AND OUR HEIRS, WE SHALL OBSERVE.

{All the customs and liberties aforesaid, which we have granted to be

enjoyed, as far as it pertains to us towards our people throughout our

realm, let all our subjects, whether clerics or laymen, observe, as far

as it pertains toward their dependents.}

AND ALL MEN OF THIS OUR REALM, AS WELL SPIRITUAL AS TEMPORAL (AS MUCH AS

IN THEM IS) SHALL OBSERVE THE SAME AGAINST ALL PERSONS IN LIKE WISE. AND

FOR THIS OUR GIFT AND GRANT OF THESE LIBERTIES, AND OF OTHER CONSTRAINED

IN OUR CHARTER OF LIBERTIES OF OUR FOREST, THE ARCHBISHOPS, BISHOPS,

ABBOTS, PRIORS, EARLS, BARONS, KNIGHTS, FREEHOLDERS, AND OUR OTHER

SUBJECTS, HAVE GIVEN UNTO US THE FIFTEENTH PART OF ALL THEIR MOVABLES.

AND WE HAVE GRANTED UNTO THEM ON THE OTHER PART, THAT NEITHER WE, NOR

OUR HEIRS, SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THIS

CHARTER CONTAINED SHALL BE INFRINGED OR BROKEN. AND IF ANY THING BE

PROCURED BY ANY PERSON CONTRARY TO THE PREMISES, IT SHALL BE HAD OF NO

FORCE NOR EFFECT.

[ENFORCEMENT]

{Whereas we, for the honor of God and the reform of our realm, and in

order the better to allay the discord arisen between us and our barons,

have granted all these things aforesaid. We, willing that they be

forever enjoyed wholly and in lasting strength, do give and grant to our

subjects the following security, to wit, that the barons shall elect any

twenty-five barons of the realm they wish, who shall, with their utmost

power, keep, hold, and cause to be kept the peace and liberties which we

have granted unto them and by this our present Charter have confirmed,

so that if we, our Justiciary, bailiffs, or any of our ministers offends

in any respect against any man, or transgresses any of these articles of

peace or security, and the offense is brought before four of the said

twenty-five barons, those four barons shall come before us, or our Chief

Justiciary if we are out of the realm, declaring the offense, and shall

demand speedy amends for the same. If we or, in case of our being out of

the realm, our Chief Justiciary fails to afford redress within forty

days from the time the case was brought before us or, in the event of

our having been out of the realm, our Chief Justiciary, the aforesaid

four barons shall refer the matter to the rest of the twenty-five

barons, who, together with the commonalty of the whole country, shall

distrain and distress us to the utmost of their power, to wit, by

capture of our castles, lands, and possessions and by all other possible

means, until compensation is made according to their decision, saving

our person and that of our Queen and children; as soon as redress has

been had, they shall return to their former allegiance. Anyone in the

realm may take oath that, for the accomplishment of all the aforesaid

matters, he will obey the orders of the said twenty-five barons and

distress us to the utmost of his power; and we give public and free

leave to everyone wishing to take oath to do so, and to none will we

deny the same. Moreover, all such of our subjects who do not of their

own free will and accord agree to swear to the said twenty-five barons,

to distrain and distress us together with them, we will compel to do so

by our command in the aforesaid manner. If any one of the twenty-five

barons dies or leaves the country or is in any way hindered from

executing the said office, the rest of the said twenty-five barons shall

choose another in his stead, at their discretion, who shall be sworn in

like manner as the others. In all cases which are referred to the said

twenty-five barons to execute, and in which a difference arises among

them, supposing them all to be present, or in which not all who have

been summoned are willing or able to appear, the verdict of the majority

shall be considered as firm and binding as if the whole number had been

of one mind. The aforesaid twenty-five shall swear to keep faithfully

all the aforesaid articles and, to the best of their power, to cause

them to be kept by others. We will not procure, either by ourself or any

other, anything from any man whereby any of these concessions or

liberties may be revoked or abated. If any such procurement is made, let

it be null and void; it shall never be made use of either by us or by

any other.}

[AMNESTY]

{We have also fully forgiven and pardoned all ill-will, wrath, and

malice which has arisen between us and our subjects, both clergy and

laymen, during the disputes, to and with all men. Moreover, we have

fully forgiven and, as far as it pertains to us, wholly pardoned to and

with all, clergy and laymen, all offenses made in consequence of the

said disputes from Easter in the sixteenth year of our reign until the

restoration of peace. Over and above this, we have caused letters patent

to be made for Stephen, Archbishop of Canterbury, Henry, Archbishop of

Dublin, the above-mentioned Bishops, and Master Pandulph, for the

aforesaid security and concessions.}

{Wherefore we will that, and firmly command that, the English Church

shall be free and all men in our realm shall have and hold all the

aforesaid liberties, rights, and concessions, well and peaceably,

freely, quietly, fully, and wholly, to them and their heirs, of us and

our heirs, in all things and places forever, as is aforesaid. It is

moreover sworn, as will on our part as on the part of the barons, that

all these matters aforesaid shall be kept in good faith and without

deceit. Witness the above-named and many others. Given by our hand in

the meadow which is called Runnymede, between Windsor and Staines, on

the fifteenth day of June in the seventeenth year of our reign.}

THESE BEING WITNESSES: LORD S. ARCHBISHOP OF CANTERBURY, E. BISHOP OF

LONDON, F. BISHOP OF BATHE, G. OF WINCESTER, H. OF LINCOLN, R. OF

SALISBURY, W. OF ROCHESTER, X. OF WORCESTER, F. OF ELY, H. OF HEREFORD,

R. OF CHICHESTER, W. OF EXETER, BISHOPS; THE ABBOT OF ST. EDMONDS, THE

ABBOT OF ST. ALBANS, THE ABBOT OF BELLO, THE ABBOT OF ST. AUGUSTINES IN

CANTERBURY, THE ABBOT OF EVESHAM, THE ABBOT OF WESTMINSTER, THE ABBOT OF

BOURGH ST. PETER, THE ABBOT OF REDING, THE ABBOT OF ABINDON, THE ABBOT

OF MALMBURY, THE ABBOT OF WINCHCOMB, THE ABBOT OF HYDE, THE ABBOT OF

CERTESEY, THE ABBOT OF SHERBURN, THE ABBOT OF CERNE, THE ABBOT OF

ABBOREBIR, THE ABBOT OF MIDDLETON, THE ABBOT OF SELEBY, THE ABBOT OF

CIRENCESTER, H. DE BURGH JUSTICE, H. EARL OF CHESTER AND LINCOLN, W.

EARL OF SALISBURY, W. EARL OF WARREN, G. DE CLARE EARL OF GLOUCESTER AND

HEREFORD, W. DE FERRARS EARL OF DERBY, W. DE MANDEVILLE EARL OF ESSEX,

H. DE BYGOD EARL OF NORFOLK, W. EARL OF ALBEMARLE, H. EARL OF HEREFORD,

F. CONSTABLE OF CHESTER, G. DE TOS, H. FITZWALTER, R. DE BYPONTE, W. DE

BRUER, R. DE MONTEFICHET, P. FITZHERBERT, W. DE AUBENIE, F. GRESLY, F.

DE BREUS, F. DE MONEMUE, F. FITZALLEN, H. DE MORTIMER, W. DE BEUCHAMP,

W. DE ST. JOHN, P. DE MAULI, BRIAN DE LISLE, THOMAS DE MULTON, R. DE

ARGENTEYN, G. DE NEVIL, W. DE MAUDUIT, F. DE BALUN, AND OTHERS. GIVEN AT

WESTMINSTER THE 11TH DAY OF FEBRUARY THE 9TH YEAR OF OUR REIGN.

WE, RATIFYING AND APPROVING THESE GIFTS AND GRANTS AFORESAID, CONFIRM

AND MAKE STRONG ALL THE SAME FOR US AND OUR HEIRS PERPETUALLY, AND BY

THE TENOUR OF THESE PRESENTS, DO RENEW THE SAME; WILLING AND GRANTING

FOR US AND OUR HEIRS, THAT THIS CHARTER, AND ALL SINGULAR HIS ARTICLES,

FOREVER SHALL BE STEADFASTLY, FIRMLY, AND INVIOLABLY OBSERVED; AND IF

ANY ARTICLE IN THE SAME CHARTER CONTAINED, YET HITHERTO PERADVENTURE HAS

NOT BEEN KEPT, WE WILL, AND BY ROYAL AUTHORITY, COMMAND, FROM HENCEFORTH

FIRMLY THEY BE OBSERVED.

Statutes which were enacted after the Magna Carta follow:

Nuisance is recognized by this statute: "Every freeman, without danger,

shall make in his own wood, or in his land, or in his water, which he

has within our Forest, mills, springs, pools, clay pits, dikes, or

arable ground, so that it does not annoy any of his neighbors."

Anyone taking a widow's dower after her husband's death must not only

return the dower, but pay damages in the amount of the value of the

dower from the time of death of the husband until her recovery of

seisin.

Widows may bequeath the crop of their ground as well of their dowers as

of their other lands and tenements.

Freeholders of tenements on manors shall have sufficient ingress and

egress from their tenements to the common pasture and as much pasture as

suffices for their tenements.

"Grain shall not be taken under the pretense of borrowing or the

promise of after-payment without the permission of the owner."

"A parent or other who forcefully leads away and withholds, or marries

off, an heir who is a minor (under 14), shall yield the value of the

marriage and be imprisoned until he has satisfied the king for the

trespass. If an heir 14 years or older marries without his Lord's

permission to defraud him of the marriage and the Lord offers him

reasonable and convenient marriage, without disparagement, then the Lord

shall hold his land beyond the term of his age, that, of twenty one

years, so long that he may receive double the value of the marriage as

estimated by lawful men, or after as it has been offered before without

fraud or collusion, and after as it may be proved in the King's Court.

Any Lord who marries off a ward of his who is a minor and cannot consent

to marriage, to a villain or other, such as a burgess, whereby the ward

is disparaged, shall lose the wardship and all its profits if the ward's

friends complain of the Lord. The wardship and profit shall be converted

to the use of the heir, for the shame done to him, after the disposition

and provision of his friends." (The "marriage" could be annulled by the

church.)

"If an heir of whatever age will not marry at the request of his Lord,

he shall not be compelled thereunto; but when he comes of age, he shall

pay to his Lord the value of the marriage before receiving his land,

whether or not he himself marries."

"Interest shall not run against any minor, from the time of death of

his ancestor until his lawful age; so nevertheless, that the payment of

the principal debt, with the interest that was before the death of his

ancestor shall not remain."

The value of debts to be repaid to the king or to any man shall be

reasonably determined by the debtor's neighbors and not by strangers. A

debtors' plough cattle or sheep cannot be taken to satisfy a debt.

The wards and escheats of the king shall be surveyed yearly by three

people assigned by the King. The sheriffs, by their counsel, shall

approve and let to farm such wards and escheats as they think most

profitable for the King. The Sheriffs shall be answerable for the issues

thereof in the Exchequer at designated times. The collectors of the

customs on wool exports shall pay this money at the two designated times

and shall make yearly accounts of all parcels in ports and all ships.

By statute leap year was standardized throughout the nation, "the day

increasing in the leap year shall be accounted in that year", "but it

shall be taken and reckoned in the same month wherein it grew and that

day and the preceding day shall be counted as one day."

"An English penny [1 d.], called a sterling, round and without any

clipping, shall weigh 32 wheat grains dry in the middle of the ear."

Measurements of distance were standardized to twelve inches to a foot,

three feet to a yard, and so forth up to an acre of land.

Goods which could only be sold by the standard weights and measures

(such as ounces, pounds, gallons, bushels) included sacks of wool,

leather, skins, ropes, glass, iron, lead, canvas, linen cloth, tallow,

spices, confections cheese, herrings, sugar, pepper, cinnamon, nutmeg,

wheat, barley, oats, bread, and ale. The prices required for bread and

ale were based on the market price for the wheat, barley, and oats from

which they were made.

The punishment for repeated violations of required measures, weights,

or prices of bread and ale by a baker or brewer; selling of spoiled or

unwholesome wine, meat, fish by brewers, butchers, or cooks; or a

steward or bailiff receiving a bribe was reduced to placement in a

pillory with a shaven head so that these men would still be fit for

military service and not overcrowd the gaols.

Forest penalties were changed so that "No man shall lose either life or

member [limb] for killing of our deer. But if any man be taken and

convicted for taking our venison, he shall make a grievous fine, if he

has anything. And if he has nothing to lose, he shall be imprisoned for

a year and a day. And after that, if he can find sufficient sureties, he

shall be delivered, and, if not, he shall abjure the realm of England."

The Forest Charter provided that: Every freeman may allow his pigs to

eat in his own wood in the King's forest. He may also drive his pigs

through the King's forest and tarry one night within the forest without

losing any of his pigs. But people having greyhounds must keep them out

of the forest so they don't maim the deer.

The Forest Charter also allowed magnates traveling through the King's

forest on the King's command to come to him, to kill one or two deer as

long as it was in view of the forester if he was present, or while

having a horn blown, so it did not seem to be theft.

After a period of civil war, the following statutes were enacted:

"All persons, as well of high as of low estate, shall receive justice in

the King's Court; and none shall take any such revenge or distress by

his own authority, without award of our court, although he is damaged or

injured, whereby he would have amends of his neighbor either higher or

lower." The penalty is a fine according to the trespass.

A fraudulent conveyance to a minor or lease for a term of years made to

defraud a Lord of a wardship shall be void. A Lord who maliciously and

wrongfully alleges this to a court shall pay damages and costs.

If a Lord will not render unto an heir his land when he comes of age or

takes possession away from an heir of age or removes anything from the

land, he shall pay damages. (The king retained the right to take

possession of an heir's land for a year or, in lieu of this, to take one

year's profit from the land in addition to the relief.)

Kinsmen of a minor heir who have custody of his land held in socage

shall make no waste, sale, nor destruction of the inheritance and shall

answer to the heir when he comes of age for the issues of the land,

except for the reasonable costs of these guardians.

No lord may distrain any of his tenants. No one may drive animals taken

by distraint out of the county where they have been taken.

"Farmers during their terms, shall not make waste, sale, nor exile of

house, woods, and men, nor of any thing else belonging to the tenements

which they have to farm".

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 18 / 67 段