Chapter 7

The Times 1215-1272

Baron landholders' semi-fortified stone manor houses were

improved and extended. They were usually quadrangular around a

central courtyard. The central and largest room was the hall,

where people ate and slept. If the hall was on the first floor,

the fire might be at a hearth in the middle of the floor.

Sometimes the lord had his own parlor, with a sleeping loft

above it. Having a second floor necessitated a fireplace in the

wall so the smoke could go up two floors to the roof. Other

rooms each had a fireplace. Often the hall was on the second

floor and took up two stories. There was a fireplace on one wall

of the bottom story. There were small windows around the top

story. Windows of large houses were of opaque glass supplied by

a glass-making craft. The glass was thick, uneven, and greenish

in color. The walls were plastered. The floor was wood with some

carpets. Roofs were timbered with horizontal beams. Many roofs

had tiles supplied by the tile craft, which baked the tiles in

kilns or over an open fire. Because of the hazard of fire, the

kitchen was often a separate building, with a covered way

connecting it to the hall. It had one or two open fires in

fireplaces, and ovens. Sometimes there was a separate room for a

dairy.

Furniture included heavy wood armchairs for the lord and lady,

stools, benches, trestle tables, chests, and cupboards. Outside

was an enclosed garden with cabbages, peas, beans, beetroots,

onions, garlic, leeks, lettuce, watercress, hops, herbs, nut

trees for oil, some flowers, and a fish pond and well. Bees were

kept for their honey.

Nobles, doctors, and lawyers wore tunics to the ankle and an

over-tunic almost as long, which was lined with fur and had long

sleeves. A hood was attached to it. A man's hair was short and

curled, with bangs on the forehead. The tunic of merchants and

middle class men reached to the calf. The laborer wore a tunic

that reached to the knee, cloth stockings, and shoes of heavy

felt, cloth, or perhaps leather. Ladies wore a full length tunic

with moderate fullness in the skirt, and a low belt, and tight

sleeves. Her hair was concealed by a round hat tied on the top

of her head. Over her tunic, she wore a cloak. Monks and nuns

wore long black robes with hoods.

The barons now managed and developed their estates to be as

productive as possible, often using the successful management

techniques of church estates. They kept records of their fields,

tenants, services owed by each tenant, and duties of the manor

officers, such as supervision of the ploughing and harrowing.

Annually, the manor's profit or loss for the year was calculated.

Most manors were self-supporting except that iron for tools and

horseshoes and salt for curing usually had to be obtained

elsewhere. Wine, tar, canvas and millstones were imports from

other countries and bought at fairs, as was fish, furs, spices,

and silks. Sheep were kept in such large numbers that they were

susceptible to a new disease "scab".

Manors averaged about ten miles distance between each other, the

land in between being unused and called "wasteland". Statutes

after a civil war proscribing the retaking of land discouraged

the enclosure of waste land.

Some villeins bought out their servitude by paying a substitute

to do his service or paying his lord a firm (from hence, the

words farm and farmer) sum to hire an agricultural laborer in

his place. This made it possible for a farm laborer to till one

continuous piece of land instead of scattered strips.

Looms were now mounted with two bars. Women did embroidery. The

clothing of most people was made at home, even sandals. The

village tanner and bootmaker supplied long pieces of soft

leather for more protection than sandals. Tanning mills replaced

some hand labor. The professional hunter of wolves, lynx, or

otters supplied head coverings. Every village had a smith and

possibly a carpenter for construction of ploughs and carts. The

smith obtained coal from coal fields for heating the metal he

worked. Horse harnesses were home-made from hair and hemp. There

were water mills and/or wind mills for grinding grain, for malt,

and/or for fulling cloth.

Most men wore a knife because of the prevalence of murder and

robbery. It was an every day event for a murderer to flee to

sanctuary in a church, which would then be surrounded by his

pursuers while the coroner was summoned. Usually, the fugitive

would confess and agree to leave the nation and never return.

It had been long customary for the groom to endow his bride in

public at the church door. This was to keep her and her children

if he died first. If dower was not specified, it was understood

to be one-third of all lands and tenements.

The county offices were: sheriff, coroner, escheator, and

constable or bailiff. There were 28 sheriffs for 38 counties. No

longer did the sheriff buy his office and collect certain rents

for himself. The sheriff now was a salaried political appointee

of the King and employed a deputy or undersheriff, who was a

lawyer, and clerks. If there was civil commotion or contempt of

royal authority, the sheriff had power to raise a posse of armed

men to restore order [posse comitatus: power of the county].

There were about five coroners in each county and they served

for a number of years. They were chosen locally under the

sheriff's supervision. The escheator was appointed annually by

the Treasurer to administer the Crown's rights in feudal land in

the county. The constables and bailiffs operated at the hundred

and parish level to detect crime and keep the peace. They

assisted sheriffs and Justices of the Peace, organized "watches"

for criminals and vagrants at the village level, and raised the

"hue and cry" along the highway and from village to village in

pursuit of offenders who had committed felony or robbery in

their districts.

Shire knights performed a number of duties. They served a

sheriffs, escheators, coroners, and justices on special royal

commissions of gaol-delivery. They sat in judgment in the shire

court at its monthly meetings, attended the two great annual

assemblies when the lord, knights and freeholders of the shire

gathered to meet the justices on eyre, who came escorted by the

sheriff and weapon bearers. They served on the committees which

reviewed the presentments of the hundreds and village, and

carried the record of the shire court to Westminster when

summoned there by the kings' judges. They served on the grand

assize. As elected representatives of their fellow knights of

the shire, they assessed any taxes due from each hundred. They

investigated and reported on local abuses and grievances. The

king's judges and council often called on them to answer

questions put to them on oath. In the villages, humbler

freeholders and sokemen were elected to assess the village

taxes. Six villeins answered for the village's offenses at the

royal eyre.

Everyone was taught to read and write in English. Even obscure

villages gathered children together for this schooling. Boys of

noblemen were taught reading, writing, Latin, a musical

instrument, athletics, riding, and gentlemanly conduct. Girls

were taught reading, writing, music, dancing, and perhaps

household nursing and first aid, spinning, embroidery, and

gardening. Girls of high social position were also taught riding

and hawking. Grammar schools taught, in Latin, grammar, logic

[dialectic], and rhetoric [art of public speaking and debate].

The teacher possessed the only complete copy of the Latin text,

and most of the school work was done orally. Though books were

few and precious, the students read several Latin works. Girls

and boys of high social position usually had private teachers

for grammar school, while boys of lower classes were sponsored

at grammar schools such as those at Oxford. Discipline was

maintained by the birch or rod.

There was no examination for admission as an undergraduate to

Oxford, but a knowledge of Latin with some skill in speaking

Latin was a necessary background. The students came from all

backgrounds. Some had their expenses paid by their parents,

while others had the patronage of a churchman, a religious house,

or a wealthy layman.

A student at Oxford would become a master after graduating from a

seven year course of study of the seven liberal arts: [grammar,

rhetoric (the source of law), Aristotelian logic (which

differentiates the true from the false), arithmetic, including

fractions and ratios, (the foundation of order), geometry,

including methods of finding the length of lines, the area of

surfaces, and thevolume of solids, (the science of measurement),

astronomy (the most noble of the sciences because it is

connected with divinity and theology), music, and Aristotle's

philosophy of physics, metaphysics, and ethics; and then

lecturing and leading disputations for two years. He also had to

write a thesis on some chosen subject and defend it against the

faculty. A Master's degree gave one the right to teach. Further

study for four years led to a doctorate in one of the

professions: theology and canon or civil law.

There were about 1,500 students in Oxford. They drank, played

dice, quarreled a lot and begged at street corners. There were

mob fights between students from the north and students from the

south and between students and townsmen. But when the mayor of

Oxford hanged two students accused of being involved in the

killing of a townswoman, many masters and students left for

Cambridge. In 1214, a charter created the office of Chancellor

of the university at Oxford. He was responsible for law and

order and, through his court, could fine, imprison, and

excommunicate offenders and expel undesirables such as

prostitutes from the town. He had authority over all crimes

involving scholars, except murder and mayhem. The Chancellor

summoned and presided over meetings of the masters and came to

be elected by indirect vote by the masters who had schools,

usually no more than a room or hall with a central hearth which

was hired for lectures. Students paid for meals there. Corners

of the room were often partitioned off for private study. At

night, some students slept on the straw on the floor. Six hours

of sleep were considered sufficient.

In 1221 the Friars established their chief school at Oxford. They

were bound by oaths of poverty, obedience, and chastity, but

were not confined within the walls of a monastery. They walked

barefoot from place to lace preaching. They begged for their

food and lodgings. They replaced monks, who had become self-

indulgent, as the most vital spiritual force among the people. In

1231, the King ordered that every student must have his name on

the roll of a master and the masters had to keep a list of those

attending his lectures.

The first college was founded in 1264 by Walter de Merton, former

Chancellor to the King, at Oxford. A college had the living

arrangements of a Hall, with the addition of monastic-type

rules. A warden and about 30 scholars lived and ate meals

together in the college buildings. Merton College's founding

documents provided that: "The house shall be called the House of

the Scholars of Merton, and it shall be the residence of the

Scholars forever. . . There shall be a constant succession of

scholars devoted to the study of letters, who shall be bound to

employ themselves in the study of Arts or Philosophy, the Canons

or Theology. Let there also be one member of the collegiate

body, who shall be a grammarian, and must entirely devote

himself to the study of grammar; let him have the care of the

students in grammar, and to him also let the more advanced have

recourse without a blush, when doubts arise in their faculty. . .

There is to be one person in every chamber, where Scholars are

resident, of more mature age than the others, who is to make his

report of their morals and advancement in learning to the

Warden. . . The Scholars who are appointed to the duty of

studying in the House are to have a common table, and a dress as

nearly alike as possible. . . The members of the College must

all be present together, as far as their leisure serves, at the

canonical hours and celebration of masses on holy and other

days. . . The Scholars are to have a reader at meals, and in

eating together they are to observe silence, and to listen to

what is read. In their chambers, they must abstain from noise

and interruption of their fellows; and when they speak they must

use the Latin language. . . A Scrutiny shall be held in the

House by the Warden and the Seniors, and all the Scholars there

present, three times a year; a diligent enquiry is to be

instituted into the life, conduct, morals, and progress in

learning, of each and all; and what requires correction then is

to be corrected, and excesses are to be visited with condign

punishment. . ."

Issues frequently argued concerned the newly discovered

philosophies of Aristotle vis a vis the accepted Christian

philosophy. Aristotle emphasized the intellectual use of reason

as a road to understanding whereas the church had always taught

that understanding came from revelation by God.

Roger Bacon, an Oxford master, applied mathematical knowledge to

natural phenomena such as metal work, mineral work, the making

of weapons, agriculture, and the remedies and charms of wizards

and magicians. He studied angles of reflection in plane,

spherical, cylindrical, and conical mirrors, in both their

concave and convex aspects. He did experiments in refraction in

different media, e.g. air, water, and glass, and knew that the

human cornea refracted light and that the human eye lens was

doubly convex. (However it was another 400 years before the

discovery of the image on the retina.) He comprehended the

magnifying power of convex lenses and conceptualized the

combination of lenses which would increase the power of vision

by magnification. Soon afterwards, eyeglasses were available to

correct farsightedness.

Bacon studied gravity and the propagation of force, specifically

illustrated by the radiation of light and heat. He realized that

rays of light pass so much faster than those of sound or smell

that the time is imperceptible to humans. He knew that rays of

heat and sound penetrate all matter without our awareness and

that opaque bodies offered resistance to passage of light rays.

This was the beginning of the science of physics.

He took the empirical knowledge as to a few metals and their

oxides and some of the principal alkalis, acids, and salts to

the abstract level of metals as compound bodies the elements of

which might be separated and recomposed and the general concept

of generation of liquids, gases, and solids, which was the

beginning of the science of chemistry. He made experiments that

led the way to saltpeter being made to explode, which led the

way to the formulation of gunpowder. He believed that the

principle of explosive energy would one day carry ships across

the seas without sails and propel carriages down the streets,

and flying machines. He knew the power of parabolic concave

mirrors to cause parallel rays to converge after reflection to a

focus and was familiar with work done to produce a mirror that

would induce combustion at a fixed distance.

He studied man's physical nature, health, and disease, the

beginning of the science of biology and medicine. He opined that

the use of a talisman was not to bring about a change, but to

bring the patient into a frame of mind more conducive to

physical healing.

Bacon studied different kinds of plants and the differences

between arable land, forest land, pasture land, and garden land.

Like other educated men of his day (and those of the 1200s

through the 1500s), he believed that the earth was the center of

the universe and in astrology, that is, that the position of the

stars and planets influenced man and other earthly things. For

instance, the position of the stars at a person's birth

determined his character. The angle and therefore potency of the

sun's rays influenced climate, temperament, and changes of

mortal life such as disease and revolutions. There was a

propitious time to have a marriage, go on a journey, make war,

and take herbal medicine or be bled by leeches, the latter of

which was accompanied by religious ceremony. Cure was by God,

with medical practitioners only relieving suffering. Pressure

and binding were applied to bleeding. Arrow and sword wounds to

the skin or to any protruding intestine were washed with warm

water and sewn up with needle and silk thread. Ribs were spread

apart by a wedge to remove arrow heads. Fractured bones were

splinted or encased in plaster. Dislocations were remedied.

Hernias were trussed. Bladder stones blocking urination were

pushed back into the bladder or removed through an artificial

opening in the bladder.

Bacon studied the planetary motions and astronomical tables to

forecast future events. He did calculations on days in a month

and days in a year which later contributed to the legal

definition of a leap year. He knew about magnetic poles

attracting if different and repelling if the same and the

relation of magnets' poles to those of the heavens and earth. He

calculated the circumference of the world and the latitude and

longitude of terrestrial positions, which was the beginning of

the study of geography. He foresaw sailing around the world and

pointed the way to the Copernican astronomy, which was founded on

the concept of the earth and planets revolving around the sun.

His contribution to the development of science was abstracting

the method of experiment from the concrete problem to see its

bearing and importance as a universal method of research. He

advocated changing education to include studies of the natural

world using observation, exact measurement, and experiments.

The making and selling of goods diverged e.g. as the cloth

merchant severed from the tailor and the leather merchant

severed from the butcher. These craftsmen formed themselves into

guilds. They sought charters to require all craftsmen to belong

to the guild of their craft, to have legal control of the craft

work, and be able to expel any craftsman for disobedience. These

guilds determined the wages and working conditions of the

craftsmen and petitioned the borough authorities for ordinances

restraining trade, for instance by controlling the admission of

outsiders to the craft, preventing foreigners from selling in the

town except at fairs, limiting purchases of raw materials to

suppliers within the town, forbidding night work, restricting

the number of apprentices to each master craftsmen, and

requiring a minimum number of years for apprenticeships. In

return, these guilds assured quality control. In some boroughs,

they did work for the town, such as maintaining certain

defensive towers or walls of the town near their respective

wards. In some boroughs, fines for infractions of these

regulations were split between the guild and the government.

This jurisdiction was sought from the towns governments, which

were controlled by the merchant guilds, with great difficulty.

In London, this power was broken in 1261 by the craftsmen

forcing their way into the town-mote. By this brute show of

strength, they set aside the opinion of the magnates and selected

their own candidate to be mayor.

The citizens of London had a common seal for the city. London

merchants traveled throughout the nation with goods to sell

exempt from tolls. Most of the London aldermen were woolmongers,

vintners, skinners, and grocers by turns or carried on all these

branches of commerce at once. There are three inns in London.

Care- giving hospitals such as "Bethleham Hospital" were

established in London. Only tiles were used for roofing in

London, because wood shingles were fire hazards and fires in

London had been frequent. Some areas near London are disclaimed

by the King to be royal forest land, so all citizens could hunt

there and till their land there without interference by the

royal foresters.

A gold penny was minted, which was worth 2s. of silver. Jews were

allowed to make loans with interest up to 2d. a week for 20s.

lent.

English ships had one mast with a square sail. The hulls were

made of planks overlapping each other. There was a high

forecastle on the bow, a top castle on the mast, and a high

stern castle from which to shoot arrows down on other ships.

There were no rowing oars, but steering was still by an oar on

the starboard side of the ship. The usual carrying capacity was

30 tuns [big casks of wine each with about 250 gallons]. On the

coasts there were lights and beacons. Harbors at river mouths

were kept from silting up. Ships were loaded from piers. The

construction of London Bridge had just been finished. Coal was

mined. Bricks began to be imported for building.

Churches had stained glass windows.

Newcastle-on-Tyne received these new rights:

1. And that they shall justly have their lands and tenures and

mortgages and debts, whoever owes them to them.

2. Concerning their lands and tenures within the town, right

shall be done to them according to the custom of the city

Winton.

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 a

duel.

The King no longer lives on his own from income from his own

lands, but takes money from the treasury. Elected men from the

baronage met with the King and his council in several

conferences called Parliaments to discuss the levying of taxes

and the solution of difficult legal cases, and to receive

petitions. Statutes were enacted. Landholders were given the

duty of electing four of their members in every shire 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 shire from whom the exchequer was to

choose the sheriff of the year. Earl Montfort and certain barons

forced King Henry III to summon a Parliament in 1265 in which

the common people were represented officially by four knights

from every shire [county] and two burgesses from every borough.

This seems to be the time that the legend of Robin Hood robbing

the rich to give to the poor arose.

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. It's 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 MEER 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 reasonable

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

contracted.}

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

QUERENTINE. 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 [NECESSARIES OR SUPPLIES] OF THE

COMMON, 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 free man shall be amerced [made to pay a fine to the King] for

a small offence only according to the degree thereof, and for a

serious offence 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 OFFENCE 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

DEFENCE 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] 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 free man 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 free man 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 moveables], 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" shall not in the

future be granted to anyone respecting any freehold if thereby a

free man 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 free man 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.

{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 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 battle].

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

AND A LEET (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 [SHIELD MILITARY 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 MOVEABLES. 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.

{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.}

{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

offences 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. FITXHERBERT, 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

STEDFASTLY, 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, 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 jails.

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 there 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.

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 shire 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".

Henry de Bracton, a royal judge and the last great ecclesiastical

lawyer, wrote an unfinished treatise: A Tract on the Laws and

Customs of England, systematizing and organizing the law of the

court rolls with definitions and general concepts and describing

court practice and procedure. It was influenced by his knowledge

of Roman legal concepts, such as res judicata, and by his own

opinions, such as that the law should go from precedent to

precedent. He also argued that the will and intent to injure was

the essence of murder, so that neither an infant nor a madman

should be held liable for such and that degrees of punishment

should vary with the level of moral guilt in a killing. He

thought the deodand to be unreasonable.

Bracton defines the requirements of a valid and effective gift

as: "It must be complete and absolute, free and uncoerced,

extorted neither by fear nor through force. Let money or service

play no part, lest it fall into the category of purchase and

sale, for if money is involved there will them be a sale, and if

service, the remuneration for it. If a gift is to be valid the

donor must be of full age, for if a minor makes a gift it will be

ineffective since (if he so wishes) it shall be returned to him

in its entirety when he reaches full age. Also let the donor

hold in his own name and not another's, otherwise his gift may

be revoked. And let him, at the least, be of sound mind and good

memory, though an invalid, ill and on his death bed, for a gift

make under such conditions will be good if all the other

[requirements] of a valid gift are met. For no one, provided he

is of good memory, ought to be kept from the administration or

disposition of his own property when affected by infirmity,

since it is only then that he must make provision for his

family, his household and relations, given stipends and settle

his bequests; otherwise such persons might suffer damage without

fault. But since charters are sometimes fraudulently drawn and

gifts falsely taken to be made when they are not, recourse must

therefore be had to the country and the neighborhood so that the

truth may be declared."

In Bracton's view, a villein could buy his own freedom and the

child of a mixed marriage was free unless he was born in the

tenement of his villein parent.

Judicial Procedure

The Royal Court split up into several courts with different

specialties and became more like departments of state than

offices of the King's household. The judges were career civil

servants knowledgeable in the civil and canon law. The Court of

Common Pleas heard civil cases brought by one subject against

another. Pursuant to the Magna Carta, it sat only at one place,

Westminster Hall in London. Its records were the de banco rolls.

The Court of the Exchequer with its subsidiary department of the

Treasury was in almost permanent session at Westminster,

collecting the Crown's revenue and enforcing the Crown's rights.

The Court of the King's Bench (a marble slab in Westminster upon

which the throne was placed) traveled with the King and heard

criminal cases and pleas of the Crown. Its records were the

coram rege rolls. The title of the Chief Justiciar of England

changed to the Chief Justice of England.

Appeals from these courts could be made to the King and his

council.

Crown pleas included issues of the King's property, fines due to

him, murder (a body found with no witnesses to a killing),

homicide (a killing for which there were witnesses), rape,

wounding, mayhem, consorting, larceny, robbery, burglary, arson,

poaching, unjust imprisonment, selling cloth by non-standard

widths, selling wine by non-standard weights.

Royal judges called justices in eyre traveled to the shires every

seven years. There, they gave interrogatories to local assizes

of twelve men to determine what had happened there since the

last eyre. Every crime, every invasion of royal rights, and

every neglect of police duties was to be presented and tried.

The assize ultimately evolved into the jury of verdict, which

replaced ordeal, compurgation, and battle as the method of

finding the truth. Suspects were failed until their cases could

be heard and jail breaks were common.

Royal coroners held inquests on all sudden deaths to determine

whether they were accidental or not. If not, royal justices held

trial. They also had duties in treasure troves and shipwreck

cases.

The hundred court decided cases of theft, viewing of boundaries

of land, claims for tenurial services, claims for homage,

relief, and for wardship; enfeoffments made, battery and brawls

not amounting to felony, wounding and maiming of beasts,

collection of debts, trespass, detinue and covenant, defamation,

and enquiries and presentments arising from the assizes of bread

and ale and measures.

Still in existence is the old self-help law of hamsocne, the

thief hand- habbende, the thief back-berend, the old summary

procedure where the thief is caught in the act, AEthelstan's

laws, Edward the Confessor's laws, and Kent's childwyte [fine

for begetting a bastard on a lord's female bond slave]. Under

the name of "actio furti" [appeal of larceny] is the old process

by which a thief can be pursued and goods vindicated. As before

and for centuries later, the deodand [any personal chattel which

was the immediate cause of death] was forfeited "to God". These

chattel were usually carts, cart teams, horses, boats, and

mill-wheels.

Five cases with short summaries are:

CASE: "John Croc was drowned from his horse and cart in the water

of Bickney. Judgment: misadventur. The price of the horse and

cart is 4s.6d. 4s.6d. deodand."

CASE: "Willam Ruffus was crushed to death by a certain trunk. The

price of the trunk is 4d., for which the sheriff is to answer.

4d. deodand."

CASE: "William le Hauck killed Edric le Poter and fled, so he is

to be exacted and outlawed. He was in the tithing of Reynold

Horloc in Clandon of the abbot of Chertsey (West Clandon), so it

is in mercy. His chattels were 4 s., for which the bailiff of

the abbot of Chertsey is to answer."

CASE: "Richard de Bregsells, accused of larceny, comes and denies

the whole and puts himself on the country for good or ill. The

twelve jurors and four vills say that he is not guilty, so he is

quit."

CASE: William le Wimpler and William Vintner sold wine contrary

to the statute, so they are in mercy.

Other cases dealt with issues of entry, i.e. whether land was

conveyed or just rented; issues of whether a man was free, for

which his lineage was examined; issues of to which lord a

villein belonged; issues of nuisance such as making or

destroying a bank, ditch, or hedge; diverting a watercourse or

damming it to make a pool; obstructing a road, and issues of

what grazing rights were conveyed in pasture land, waste, woods,

or arable fields between harvest and sowing. Grazing right

disputes usually arose from the ambiguous language in the grant

of land "with appurtances".

Courts awarded specific relief as well as money damages. If a

landlord broke his covenant to lease land for a term of years,

the court restored possession to the lessee. If a lord did not

perform the services due to his superior lord, the court ordered

him to perform the services. The courts also ordered repair by a

lessee.

Debts of country knights and freeholders were heard in the local

courts; debts of merchants and burgesses were heard in the

courts of the fairs and boroughs; debts due under wills and

testaments were heard in the ecclesiastical courts. The

ecclesiastical courts deemed marriage to legitimize bastard

children whose parents married, so they inherited chattels and

money of their parents. Proof was by compurgation, the ordeal

having been abolished by the Church.

Trial by battle is still available, although it is extremely rare

for the duel to actually take place.

The manor court imposed penalties on those who did not perform

their services to the manor and the lord wrote down the customs

of the manor for future use in other courts.

By statute, no fines could be taken of any man for fair pleading

in the Circuit of Justiciars, shire, hundred, or manor courts.

Various statutes relaxed the requirements for attendance at court

of those who were not involved in a case as long as there were

enough to make the inquests fully. And "every freeman who owes

suit to the county, tything, hundred, and wapentake, or to the

Court of his Lord, may freely make his attorney attend for him."

In Chancery, the court of the Chancellor, if there is a case with

no remedy specified in the law, that is similar to a situation

for which there is a writ, then a new writ may be made for that

case. (By this will later be expanded the action of trespass,

which even later has offshoots of misdemeanor and the tort of

trespass.)

Our Legal Heritage: The First Thousand Years: 600 - 1600 King Aethelbert - Queen Elizabeth · 第 7 / 14 章