Abstract of the Articles of Magna Carta, 1215.
1. "The Church of England shall be free, and have her whole rights,
and her liberties inviolable." The freedom of elections of
ecclesiastics by the Church is confirmed. 2-8. Feudal rights
guaranteed, and abuses remedied. 9-11. Treatment of debtorrs
alleviated. 12. "No scutage or aid [except the three customary feudal
aids] shall be imposed in our kingdom, unless by the Common Council of
the realm."[1] 13. London, and all towns, to have their ancient
liberties. 14. The King binds himself to summon the Common Council of
the realm respecting the assessing of an aid (except as provided in
12) or a scutage.[1] 15, 16. Guarantee of feudal rights to tenants.
17-19. Provisions respecting holding certain courts. 20, 21. Of
amercements. They are to be proportionate to the offence, and imposed
according to the oath of honest men in the neighborhood. No
amercement to touch the necessary means of subsistence of a free man,
the merchandise of a merchant, or the agricultural tools of a villein;
earls and barons to be amerced by their equals. 23-34. Miscellaneous,
minor articles. 35. Weights and measures to be uniform. 36. Nothing
shall be given or taken, for the future, for the Writ of Inquisition
of life or limb, but it shall be freely granted, and not denied.[2]
37, 38. Provisions respecting land-tenure and trials at law. 39. "NO
FREEMAN SHALL BE TAKEN OR IMPRISONED, OR DISSEIZED, 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, 42. Provisions respecting
merchants, and freedom of entering and quitting the realm, except in
war time. 43-46. Minor provisions. 47, 48. Provisions disafforesting
all forests seized by John, and guaranteeing forest rights to
subjects. 49-60. Various minor provisions. 62. Provision for
carrying out the charter by the barons in case the King fails in the
performance of his agreement. 63. The freedom of the Church
reaffirmed. Every one in the kingdom to have and hold his liberties
and rights.
"Given under our hand, in the presence of the witnesses above named,
and many others, in the meadow called Runnymede between Windsor and
Stains, the 15th day of June, in the 17th of our reign." [Here is
appended the King's seal.]
[1] These important articles were omitted when Magna Carta was
reissued in 1216 by Henry III. Stubbs says they were never restored:
but Edward I, in his Confirmation of the Charters, seems to reaffirm
them. See the Confirmation; see also Gneist's "English Constitution,"
II, 9.
[2] This article is regarded by some authorities as the prototype of
the statute of Habeas Corpus; others consider that it is implied in
Articles 39-40.
Confirmation of the Charters by Edward I, 1297.
In 1297 Edward I confirmed Magna Carta and the Forest Charter granted
by Henry III in 1217 by letters patent. The document consists of
sevent articles, of which the following, namely, the sixth and
seventh, are the most important.
6. Moreover we have granted for us and our heirs, as well to
archbishops, bishops, abbots, priors, and other folk of holy Church,
as also to eaarls, barons, and to all the commonalty of the land, that
*for no business from henceforth will we take such manner of aids,
tasks, nor prises but by the common consent of the realm,* and for the
common profit thereof, saving the ancient aids and prises due and
accustomed.
7. And for so much as the more part of the commonalty of the realm
find themselves sore grieved with the maletote [i.e. an unjust tax or
duty] of wools, that is to wit, a toll of forty shillings for every
sack of wool, and have made petition to us to release the same; we, at
their requests, have clearly released it, and have granted for us and
our heirs that we shall not take such thing nor any other without
their common assent and good will; saving to us and our heirs the
custom of wools, skins, and leather, granted before by the commonalty
aforesaid. In witness of which things we have caused these our
letters to be made patents. Witness Edward our son, at London, the
10th day of October, the five-and-twentieth of our reign.
And be it remembered that this same Charter, in the same terms, word
for word, was sealed in Flanders under the King's Great Seal, that is
to say, at Ghent, the 5th day of November, in the 25th year of the
reign of our aforesaid Lord the King, and sent into England.