"John, by the Grace of God, King of England, Lord of Ireland,

Duke of Normandy, Aquitaine, and Count of Anjou, to his

Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries,

Foresters, Sheriffs, Governors, Officers, and to all Bailiffs,

and his faithful subjects, greeting. Know ye, that we, in the

presence of God, and for the salvation of our soul, and the

souls of all our ancestors and heirs, and unto the honour of

God and the advancement of Holy Church, and amendment of our

Realm, 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; Jocelin, of Bath and Glastonbury; Hugh,

of Lincoln; Walter, of Worcester; William, of Coventry;

Benedict, of Rochester--Bishops; of Master Pandulph,

Sub-Deacon and Familiar of our Lord the Pope; Brother Aymeric,

Master of the Knights-Templars in England; and of the noble

Persons, William Marescall, Earl of Pembroke; William, Earl of

Salisbury; William, Earl of Warren; William, Earl of Arundel;

Alan de Galloway, Constable of Scotland; Warin FitzGerald,

Peter FitzHerbert, and Hubert de Burgh, Seneschal of Poitou;

Hugh de Neville, Matthew FitzHerbert, Thomas Basset, Alan

Basset, Philip of Albiney, Robert de Roppell, John Mareschal,

John FitzHugh, and others, our liegemen, have, in the first

place, granted to God, and by this our present Charter

confirmed, for us and our heirs forever;

1. That the Church of England shall be free, and have her

whole rights, and her liberties inviolable; and we will have

them so observed, that it may appear thence that the freedom

of elections, which is reckoned chief and indispensable to the

English Church, and which we granted and confirmed by our

Charter, and obtained the confirmation of the same from our

Lord the Pope Innocent III., before the discord between us and

our barons, was granted of mere free will; which Charter we

shall observe, and we do will it to be faithfully observed by

our heirs for ever.

2. We also have granted to all the freemen of our kingdom, for

us and for our heirs for ever, all the underwritten liberties,

to be had and holden by them and their heirs, of us and our

heirs for ever; 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 earldom, 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 whoever oweth less shall give less,

according to the ancient custom of fees.

3. 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 and without fine.

4. The keeper of the land of such an heir being under age,

shall take of the land of the heir none but reasonable issues,

reasonable customs, and reasonable services, and that without

destruction and waste of his men and his goods; and if we

commit the custody of any such lands to the sheriff, or any

other who is answerable to us for the issues of the land, and

he shall make destruction and waste of the lands which he hath

in custody, we will take of him amends, and the land shall be

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

shall answer for the issues to us, or to him to whom we shall

assign them; and if we sell or give to anyone the custody of

any such lands, and he therein make destruction or waste, he

shall lose the same custody, which shall be committed to two

lawful and discreet men of that fee, who shall in like manner

answer to us as aforesaid.

5. But the keeper, so long as he shall have the custody of the

land, shall keep up the houses, parks, warrens, ponds, mills,

and other things pertaining to the land, out of the issues of

the same land; and shall deliver 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.

6. Heirs shall be married without disparagement, and so that

before matrimony shall be contracted, those who are near in

blood to the heir shall have notice.

7. A widow, after the death of her husband, shall forthwith

and without difficulty have her marriage and inheritance; nor

shall she give anything for her dower, or her marriage, of her

inheritance, which her husband and she held at the day of his

death; and she may remain in the mansion house of her husband

forty days after his death, within which time her dower shall

be assigned.

8. No widow shall be distrained to marry herself, so long as

she has a mind to live without a husband; but yet she shall

give security that she will not marry without our assent, if

she hold of us; or without the consent of the lord of whom she

holds, if she hold of another.

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9. Neither we nor our bailiffs shall seize any land or rent

for any debt so long as the chattels of the debtor are

sufficient to pay the debt; nor shall the sureties of the

debtor be distrained so long as the principal debtor has

sufficient to pay the debt; and if the principal debtor shall

fail in the payment of the debt, not having wherewithal to pay

it, then the sureties shall answer the debt; and if they will

they shall have the lands and rents of the debtor, until they

shall be satisfied for the debt which they paid for him,

unless the principal debtor can show himself acquitted thereof

against the said sureties.

10. If anyone have borrowed anything of the Jews, more or

less, and die before the debt be satisfied, there shall be no

interest paid for that debt, so long as the heir is under age,

of whomsoever he may hold; and if the debt falls into our

hands, we will only take the chattel mentioned in the deed.

11. And if anyone shall die indebted to the Jews, his wife

shall have her dower and pay nothing of that debt; and if the

deceased left children under age, they shall have necessaries

provided for them, according to the tenement of the deceased;

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

however, the service due to the lords, and in like manner

shall it be done touching debts due to others than the Jews.

12. No scutage or aid shall be imposed in our kingdom, unless

by the general council of our kingdom; except for ransoming

our person, making our eldest son a knight, and once for

marrying our eldest daughter; and for these there shall be

paid no more than a reasonable aid. In like manner it shall be

concerning the aids of the City of London.

13. And the City of London shall have all its ancient

liberties and free customs, as well by land as by water:

furthermore, we will and grant that all other cities and

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

and free customs.

14. And for holding the general council of the kingdom

concerning the assessment of aids, except in the three cases

aforesaid, and for the assessing of scutages, we shall cause

to be summoned the archbishops, bishops, abbots, earls, and

greater barons of the realm, singly by our letters. And

furthermore, we shall cause to be summoned generally, by our

sheriffs and bailiffs, all others who hold of us in chief, for

a certain day, that is to say, forty days before their meeting

at least, and to a certain place; and in all letters of such

summons we will declare the cause of such summons. And summons

being thus made, the business shall proceed on the day

appointed, according to the advice of such as shall be

present, although all that were summoned come not.

15. We will not for the future grant to anyone that he may

take aid of his own free tenants, unless to ransom his body,

and to make his eldest son a knight, and once to marry his

eldest daughter; and for this there shall be only paid a

reasonable aid.

16. No man shall be distrained to perform more service for a

knight's fee, or other free tenement, than is due from thence.

17. Common pleas shall not follow our court, but shall be

holden in some place certain.

18. Trials upon the Writs of Novel Disseisin, and of Mort

d'ancestor, and of Darrein Presentment, shall not be taken but

in their proper counties, and after this manner: We, or if we

should be out of the realm, our chief justiciary, will send

two justiciaries through every county four times a year, who,

with four knights of each county, chosen by the county, shall

hold the said assizes in the county, on the day, and at the

place appointed.

19. And if any matters cannot be determined on the day

appointed for holding the assizes in each county, so many of

the knights and freeholders as have been at the assizes

aforesaid shall stay to decide them as is necessary, according

as there is more or less business.

20. A freeman shall not be amerced for a small offence, but

only according to the degree of the offence; and for a great

crime according to the heinousness of it, saving to him his

contenement; and after the same manner a merchant, saving to

him his merchandise. And a villein shall be amerced after the

same manner, saving to him his wainage, if he falls under our

mercy; and none of the aforesaid amerciaments shall be

assessed but by the oath of honest men in the neighbourhood.

21. Earls and barons shall not be amerced but by their peers,

and after the degree of the offence.

22. No ecclesiastical person shall be amerced for his lay

tenement, but according to the proportion of the others

aforesaid, and not according to the value of his

ecclesiastical benefice.

23. Neither a town nor any tenant shall be distrained to make

bridges or embankments, unless that anciently and of right

they are bound to do it.

24. No sheriff, constable, coroner, or other our bailiffs,

shall hold "Pleas of the Crown."

25. All counties, hundreds, wapentakes, and trethings, shall

stand at the old rents, without any increase, except in our

demesne manors.

26. If anyone holding of us a lay fee die, and the sheriff, or

our bailiffs, show our letters patent of summons for debt

which the dead man did owe to us, it shall be lawful for the

sheriff or our bailiff to attach and register the chattels of

the dead, found upon his lay fee, to the amount of the debt,

by the view of lawful men, so as nothing be removed until our

whole clear debt be paid; and the rest shall be left to the

executors to fulfil the testament of the dead; and if there be

nothing due from him to us, all the chattels shall go to the

use of the dead, 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 relations and friends,

by view of the Church, saving to everyone his debts which the

deceased owed to him.

28. No constable or bailiff of ours shall take corn or other

chattels of any man unless he presently give him money for it,

or hath respite of payment by the good-will of the seller.

29. No constable shall distrain any knight to give money for

castle-guard, if he himself will do it in his person, or by

another able man, in case he cannot do it through any

reasonable cause. And if we have carried or sent him into the

army, he shall be free from such guard for the time he shall

be in the army by our command.

30. No sheriff or bailiff of ours, or any other, shall take

horses or carts of any freeman for carriage, without the

assent of the said freeman.

31. Neither shall we nor our bailiffs take any man's timber

for our castles or other uses, unless by the consent of the

owner of the timber.

32. We will retain the lands of those convicted of felony only

one year and a day, and then they shall be delivered to the

lord of the fee.

33. All kydells (wears) for the time to come shall be put down

in the rivers of Thames and Medway, and throughout all

England, except upon the seacoast.

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34. The writ which is called prœcipe, for the future, shall

not be made out to anyone, of any tenement, whereby a freeman

may lose his court.

35. There shall be one measure of wine and one of ale through

our whole realm; and one measure of corn, that is to say, the

London quarter; and one breadth of dyed cloth, and russets,

and haberjeets, that is to say, two ells within the lists; and

it shall be of weights as it is of measures.

36. Nothing from henceforth shall be given or taken for a writ

of inquisition of life or limb, but it shall be granted

freely, and not denied.

37. If any do hold of us by fee-farm, or by socage, or by

burgage, and he hold also lands of any other by knight's

service, we will not have the custody of the heir or land,

which is holden of another man's fee by reason of that

fee-farm, socage, or burgage; neither will we have the custody

of the fee-farm, or socage, or burgage, unless knight's

service was due to us out of the same fee-farm. We will not

have the custody of an heir, nor of any land which he holds of

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

by which he holds of us, by the service of paying a knife, an

arrow, or the like.

38. No bailiff from henceforth shall put any man to his law

upon his own bare saying, without credible witnesses to prove

it.

39. No freeman shall be taken or imprisoned, or disseised, or

outlawed, or banished, or any ways destroyed, nor will we pass

upon him, nor will we send upon him, unless by the lawful

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

40. We will sell to no man, we will not deny to any man,

either justice or right.

41. All merchants shall have safe and secure conduct, to go

out of, and to come into England, and to stay there and to

pass as well by land as by water, for buying and selling by

the ancient and allowed customs, without any unjust tolls;

except in time of war, or when they are of any nation at war

with us. And if there be found any such in our land, in the

beginning of the war, they shall be attached, without damage

to their bodies or goods, until it be known unto us, or our

chief justiciary, how our merchants be treated in the nation

at war with us; and if ours be safe there, the others shall be

safe in our dominions.

42. It shall be lawful, for the time to come, for anyone to go

out of our kingdom, and return safely and securely by land or

by water, saving his allegiance to us; unless in time of war,

by some short space, for the common benefit of the realm,

except prisoners and outlaws, according to the law of the

land, and people in war with us, and merchants who shall be

treated as is above mentioned.

43. If any man hold of any escheat, as of the honour of

Wallingford, Nottingham, Boulogne, Lancaster, or of other

escheats which be in our hands, and are baronies, and die, his

heir shall give no other relief, and perform no other service

to us than he would to the baron, if it were in the baron's

hand; and we will hold it after the same manner as the baron

held it.

44. Those men who dwell without the forest from henceforth

shall not come before our justiciaries of the forest, upon

common summons, but such as are impleaded, or are sureties for

any that are attached for something concerning the forest.

45. We will not make any justices, constables, sheriffs, or

bailiffs, but of such as know the law of the realm and mean

duly to observe it.

46. All barons who have founded abbeys, which they hold by

charter from the kings of England, or by ancient tenure, shall

have the keeping of them, when vacant, as they ought to have.

47. All forests that have been made forests in our time shall

forthwith be disforested; and the same shall be done with the

water-banks that have been fenced in by us in our time.

48. All evil customs concerning forests, warrens, foresters,

and warreners, sheriffs and their officers, water-banks and

their keepers, shall forthwith be inquired into in each

county, by twelve sworn knights of the same county, chosen by

creditable persons of the same county; and within forty days

after the said inquest be utterly abolished, so as never to be

restored: so as we are first acquainted therewith, or our

justiciary, if we should not be in England.

49. We will immediately give up all hostages and charters

delivered unto us by our English subjects, as securities for

their keeping the peace, and yielding us faithful service.

50. We will entirely remove from their bailiwicks the

relations of Gerard de Atheyes, so that for the future they

shall have no bailiwick in England; we will also remove

Engelard de Cygony, Andrew, Peter, and Gyon, from the

Chancery; Gyon de Cygony, Geoffrey de Martyn, and his

brothers; Philip Mark, and his brothers, and his nephew,

Geoffrey, and their whole retinue.

51. As soon as peace is restored, we will send out of the

kingdom all foreign knights, cross-bowmen, and stipendiaries,

who are come with horses and arms to the molestation of our

people.

52. If anyone has been dispossessed or deprived by us, without

the lawful judgment of his peers, of his lands, castles,

liberties, or right, we will forthwith restore them to him;

and if any dispute arise upon this head, let the matter be

decided by the five-and-twenty barons hereafter mentioned, for

the preservation of the peace. And for all those things of

which any person has, without the lawful judgment of his

peers, been dispossessed or deprived, either by our father

King Henry, or our brother King Richard, and which we have in

our hands, or are possessed by others, and we are bound to

warrant and make good, we shall have a respite till the term

usually allowed the crusaders; excepting those things about

which there is a plea depending, or whereof an inquest hath

been made, by our order before we undertook the crusade; but

as soon as we return from our expedition, or if perchance we

tarry at home and do not make our expedition, we will

immediately cause full justice to be administered therein.

53. The same respite we shall have, and in the same manner,

about administering justice, disafforesting or letting

continue the forests, which Henry our father, and our brother

Richard, have afforested; and the same concerning the wardship

of the lands which are in another's fee, but the wardship of

which we have hitherto had, by reason of a fee held of us by

knight's service; and for the abbeys founded in any other fee

than our own, in which the lord of the fee says he has a

right; and when we return from our expedition, or if we tarry

at home, and do not make our expedition, we will immediately

do full justice to all the complainants in this behalf.

54. No man shall be taken or imprisoned upon the appeal of a

woman, for the death of any other than her husband.

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55. All unjust and illegal fines made by us, and all

amerciaments imposed unjustly and contrary to the law of the

land, shall be entirely given up, or else be left to the

decision of the five-and-twenty barons hereafter mentioned for

the preservation of the peace, or of the major part of them,

together with the aforesaid Stephen, Archbishop of Canterbury,

if he can be present, and others whom he shall think fit to

invite; and if he cannot be present, the business shall

notwithstanding go on without him; but so that if one or more

of the aforesaid five-and-twenty barons be plaintiffs in the

same cause, they shall be set aside as to what concerns this

particular affair, and others be chosen in their room, out of

the said five-and-twenty, and sworn by the rest to decide the

matter.

56. If we have disseised or dispossessed the Welsh of any

lands, liberties, or other things, without the legal judgment

of their peers, either in England or in Wales, they shall be

immediately restored to them; and if any dispute arise upon

this head, the matter shall be determined in the Marches by

the judgment of their peers; for tenements in England

according to the law of England, for tenements in Wales

according to the law of Wales, for tenements of the Marches

according to the law of the Marches: the same shall the Welsh

do to us and our subjects.

57. As for all those things of which a Welshman hath, without

the lawful judgment of his peers, been disseised or deprived

of by King Henry our father, or our brother King Richard, and

which we either have in our hands or others are possessed of,

and we are obliged to warrant it, we shall have a respite till

the time generally allowed the crusaders; excepting those

things about which a suit is depending, or whereof an inquest

has been made by our order, before we undertook the crusade:

but when we return, or if we stay at home without performing

our expedition, we will immediately do them full justice,

according to the laws of the Welsh and of the parts before

mentioned.

58. We will without delay dismiss the son of Llewellin, and

all the Welsh hostages, and release them from the engagements

they have entered into with us for the preservation of the

peace.

59. We will treat with Alexander, King of Scots, concerning

the restoring his sisters and hostages, and his right and

liberties, in the same form and manner as we shall do to the

rest of our barons of England; unless by the charters which we

have from his father, William, late King of Scots, it ought to

be otherwise; and this shall be left to the determination of

his peers in our court.

60. All the aforesaid customs and liberties, which we have

granted to be holden in our kingdom, as much as it belongs to

us, all people of our kingdom, as well clergy as laity, shall

observe, as far as they are concerned, towards their

dependents.

61. And whereas, for the honour of God and the amendment of

our kingdom, and for the better quieting the discord that has

arisen between us and our barons, we have granted all these

things aforesaid; willing to render them firm and lasting, we

do give and grant our subjects the underwritten security,

namely that the barons may choose five-and-twenty barons of

the kingdom, whom they think convenient; who shall take care,

with all their might, to hold and observe, and cause to be

observed, the peace and liberties we have granted them, and by

this our present Charter confirmed in this manner; that is to

say, that if we, our justiciary, our bailiffs, or any of our

officers, shall in any circumstance have failed in the

performance of them towards any person, or shall have broken

through any of these articles of peace and security, and the

offence be notified to four barons chosen out of the

five-and-twenty before mentioned, the said four barons shall

repair to us, or our justiciary, if we are out of the realm,

and, laying open the grievance, shall petition to have it

redressed without delay: and if it be not redressed by us, or

if we should chance to be out of the realm, if it should not

be redressed by our justiciary within forty days, reckoning

from the time it has been notified to us, or to our justiciary

(if we should be out of the realm), the four barons aforesaid

shall lay the cause before the rest of the five-and-twenty

barons; and the said five-and-twenty barons, together with the

community of the whole kingdom, shall distrain and distress us

in all the ways in which they shall be able, by seizing our

castles, lands, possessions, and in any other manner they can,

till the grievance is redressed, according to their pleasure;

saving harmless our own person, and the persons of our Queen

and children; and when it is redressed, they shall behave to

us as before. And any person whatsoever in the kingdom may

swear that he will obey the orders of the five-and-twenty

barons aforesaid in the execution of the premises, and will

distress us, jointly with them, to the utmost of his power;

and we give public and free liberty to anyone that shall

please to swear to this, and never will hinder any person from

taking the same oath.

History for ready reference, Volume 2, El Dorado to Greaves · 第 10 / 222 段