The Text of Magna Carta

JOHN, by the grace of God King of England, Lord of Ireland, Duke of

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

bishops, abbots, earls, barons, justices, foresters, sheriffs,

stewards, servants, and to all his officials and loyal subjects,

Greeting.

KNOW THAT BEFORE GOD, for the health of our soul and those of our

ancestors and heirs, to the honour of God, the exaltation of the holy

Church, and the better ordering of our kingdom, at 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 bishop of London, Peter bishop of Winchester, Jocelin

bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop

of Worcester, William bishop of Coventry, Benedict bishop of Rochester,

Master Pandulf subdeacon and member of the papal household, Brother

Aymeric master of the knighthood of the Temple in England, William

Marshal 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

seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas

Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal,

John Fitz Hugh, and other loyal subjects:

(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter

have confirmed for us and our heirs in perpetuity, that the English

Church shall be free, and shall have its rights undiminished, and its

liberties unimpaired. That we wish this so to be observed, appears from

the fact that of our own free will, before the outbreak of the present

dispute between us and our barons, we granted and confirmed by charter

the freedom of the Church’s elections - a right reckoned to be of the

greatest necessity and importance to it - and caused this to be

confirmed by Pope Innocent III. This freedom we shall observe

ourselves, and desire to be observed in good faith by our heirs in

perpetuity.

TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our

heirs for ever, all the liberties written out below, to have and to

keep for them and their heirs, of us and our heirs:

(2) If any earl, baron, or other person that holds lands directly of

the Crown, for military service, shall die, and at his death his heir

shall be of full age and owe a ‘relief’, the heir shall have his

inheritance on payment of the ancient scale of ‘relief’. That is to

say, the heir or heirs of an earl shall pay 100 for the entire earl’s

barony, the heir or heirs of a knight 100s. at most for the entire

knight’s ‘fee’, and any man that owes less shall pay less, in

accordance with the ancient usage of ‘fees’

(3) But if the heir of such a person is under age and a ward, when he

comes of age he shall have his inheritance without ‘relief’ or fine.

(4) The guardian of the land of an heir who is under age shall take

from it only reasonable revenues, customary dues, and feudal services.

He shall do this without destruction or damage to men or property. If

we have given the guardianship of the land to a sheriff, or to any

person answerable to us for the revenues, and he commits destruction or

damage, we will exact compensation from him, and the land shall be

entrusted to two worthy and prudent men of the same ‘fee’, who shall be

answerable to us for the revenues, or to the person to whom we have

assigned them. If we have given or sold to anyone the guardianship of

such land, and he causes destruction or damage, he shall lose the

guardianship of it, and it shall be handed over to two worthy and

prudent men of the same ‘fee’, who shall be similarly answerable to us.

(5) For so long as a guardian has guardianship of such land, he shall

maintain the houses, parks, fish preserves, ponds, mills, and

everything else pertaining to it, from the revenues of the land itself.

When the heir comes of age, he shall restore the whole land to him,

stocked with plough teams and such implements of husbandry as the

season demands and the revenues from the land can reasonably bear.

(6) Heirs may be given in marriage, but not to someone of lower social

standing. Before a marriage takes place, it shall be’ made known to the

heir’s next-of-kin.

(7) At her husband’s death, a widow may have her marriage portion and

inheritance at once and without trouble. She shall pay nothing for her

dower, marriage portion, or any inheritance that she and her husband

held jointly on the day of his death. She may remain in her husband’s

house for forty days after his death, and within this period her dower

shall be assigned to her.

(8) No widow shall be compelled to marry, so long as she wishes to

remain without a husband. But she must give security that she will not

marry without royal consent, if she holds her lands of the Crown, or

without the consent of whatever other lord she may hold them of.

(9) Neither we nor our officials will seize any land or rent in payment

of a debt, so long as the debtor has movable goods sufficient to

discharge the debt. A debtor’s sureties shall not be distrained upon so

long as the debtor himself can discharge his debt. If, for lack of

means, the debtor is unable to discharge his debt, his sureties shall

be answerable for it. If they so desire, they may have the debtor’s

lands and rents until they have received satisfaction for the debt that

they paid for him, unless the debtor can show that he has settled his

obligations to them.

(10) If anyone who has borrowed a sum of money from Jews dies before

the debt has been repaid, his heir shall pay no interest on the debt

for so long as he remains under age, irrespective of whom he holds his

lands. If such a debt falls into the hands of the Crown, it will take

nothing except the principal sum specified in the bond.

(11) If a man dies owing money to Jews, his wife may have her dower and

pay nothing towards the debt from it. If he leaves children that are

under age, their needs may also be provided for on a scale appropriate

to the size of his holding of lands. The debt is to be paid out of the

residue, reserving the service due to his feudal lords. Debts owed to

persons other than Jews are to be dealt with similarly.

(12) No ‘scutage’ or ‘aid’ may be levied in our kingdom without its

general consent, unless it is for the ransom of our person, to make our

eldest son a knight, and (once) to marry our eldest daughter. For these

purposes only a reasonable ‘aid’ may be levied. ‘Aids’ from the city of

London are to be treated similarly.

(13) The city of London shall enjoy all its ancient liberties and free

customs, both by land and by water. We also will and grant that all

other cities, boroughs, towns, and ports shall enjoy all their

liberties and free customs.

(14) To obtain the general consent of the realm for the assessment of

an ‘aid’ - except in the three cases specified above - or a ‘scutage’,

we will cause the archbishops, bishops, abbots, earls, and greater

barons to be summoned individually by letter. To those who hold lands

directly of us we will cause a general summons to be issued, through

the sheriffs and other officials, to come together on a fixed day (of

which at least forty days notice shall be given) and at a fixed place.

In all letters of summons, the cause of the summons will be stated.

When a summons has been issued, the business appointed for the day

shall go forward in accordance with the resolution of those present,

even if not all those who were summoned have appeared.

(15) In future we will allow no one to levy an ‘aid’ from his free men,

except to ransom his person, to make his eldest son a knight, and

(once) to marry his eldest daughter. For these purposes only a

reasonable ‘aid’ may be levied.

(16) No man shall be forced to perform more service for a knight’s

‘fee’, or other free holding of land, than is due from it.

(17) Ordinary lawsuits shall not follow the royal court around, but

shall be held in a fixed place.

(18) Inquests of novel disseisin, mort d’ancestor, and darrein

presentment shall be taken only in their proper county court. We

ourselves, or in our absence abroad our chief justice, will send two

justices to each county four times a year, and these justices, with

four knights of the county elected by the county itself, shall hold the

assizes in the county court, on the day and in the place where the

court meets.

(19) If any assizes cannot be taken on the day of the county court, as

many knights and freeholders shall afterwards remain behind, of those

who have attended the court, as will suffice for the administration of

justice, having regard to the volume of business to be done.

(20) For a trivial offence, a free man shall be fined only in

proportion to the degree of his offence, and for a serious offence

correspondingly, but not so heavily as to deprive him of his

livelihood. In the same way, a merchant shall be spared his

merchandise, and a husbandman the implements of his husbandry, if they

fall upon the mercy of a royal court. None of these fines shall be

imposed except by the assessment on oath of reputable men of the

neighbourhood.

(21) Earls and barons shall be fined only by their equals, and in

proportion to the gravity of their offence.

(22) A fine imposed upon the lay property of a clerk in holy orders

shall be assessed upon the same principles, without reference to the

value of his ecclesiastical benefice.

(23) No town or person shall be forced to build bridges over rivers

except those with an ancient obligation to do so.

(24) No sheriff, constable, coroners, or other royal officials are to

hold lawsuits that should be held by the royal justices.

(25) Every county, hundred, wapentake, and tithing shall remain at its

ancient rent, without increase, except the royal demesne manors.

(26) If at the death of a man who holds a lay ‘fee’ of the Crown, a

sheriff or royal official produces royal letters patent of summons for

a debt due to the Crown, it shall be lawful for them to seize and list

movable goods found in the lay ‘fee’ of the dead man to the value of

the debt, as assessed by worthy men. Nothing shall be removed until the

whole debt is paid, when the residue shall be given over to the

executors to carry out the dead man’s will. If no debt is due to the

Crown, all the movable goods shall be regarded as the property of the

dead man, except the reasonable shares of his wife and children.

(27) If a free man dies intestate, his movable goods are to be

distributed by his next-of-kin and friends, under the supervision of

the Church. The rights of his debtors are to be preserved.

(28) No constable or other royal official shall take corn or other

movable goods from any man without immediate payment, unless the seller

voluntarily offers postponement of this.

(29) No constable may compel a knight to pay money for castle-guard if

the knight is willing to undertake the guard in person, or with

reasonable excuse to supply some other fit man to do it. A knight taken

or sent on military service shall be excused from castle-guard for the

period of this service.

(30) No sheriff, royal official, or other person shall take horses or

carts for transport from any free man, without his consent.

(31) Neither we nor any royal official will take wood for our castle,

or for any other purpose, without the consent of the owner.

(32) We will not keep the lands of people convicted of felony in our

hand for longer than a year and a day, after which they shall be

returned to the lords of the ‘fees’ concerned.

(33) All fish-weirs shall be removed from the Thames, the Medway, and

throughout the whole of England, except on the sea coast.

(34) The writ called precipe shall not in future be issued to anyone in

respect of any holding of land, if a free man could thereby be deprived

of the right of trial in his own lord’s court.

(35) There shall be standard measures of wine, ale, and corn (the

London quarter), throughout the kingdom. There shall also be a standard

width of dyed cloth, russett, and haberject, namely two ells within the

selvedges. Weights are to be standardised similarly.

(36) In future nothing shall be paid or accepted for the issue of a

writ of inquisition of life or limbs. It shall be given gratis, and not

refused.

(37) If a man holds land of the Crown by ‘fee-farm’, ‘socage’, or

‘burgage’, and also holds land of someone else for knight’s service, we

will not have guardianship of his heir, nor of the land that belongs to

the other person’s ‘fee’, by virtue of the ‘fee-farm’, ‘socage’, or

‘burgage’, unless the ‘fee-farm’ owes knight’s service. We will not

have the guardianship of a man’s heir, or of land that he holds of

someone else, by reason of any small property that he may hold of the

Crown for a service of knives, arrows, or the like.

(38) In future no official shall place a man on trial upon his own

unsupported statement, without producing credible witnesses to the

truth of it.

(39) No free man shall be seized or imprisoned, or stripped of his

rights or possessions, or outlawed or exiled, or deprived of his

standing in any other way, nor will we proceed with force against him,

or send others to do so, except by the lawful judgement of his equals

or by the law of the land.

(40) To no one will we sell, to no one deny or delay right or justice.

(41) All merchants may enter or leave England unharmed and without

fear, and may stay or travel within it, by land or water, for purposes

of trade, free from all illegal exactions, in accordance with ancient

and lawful customs. This, however, does not apply in time of war to

merchants from a country that is at war with us. Any such merchants

found in our country at the outbreak of war shall be detained without

injury to their persons or property, until we or our chief justice have

discovered how our own merchants are being treated in the country at

war with us. If our own merchants are safe they shall be safe too.

(42) In future it shall be lawful for any man to leave and return to

our kingdom unharmed and without fear, by land or water, preserving his

allegiance to us, except in time of war, for some short period, for the

common benefit of the realm. People that have been imprisoned or

outlawed in accordance with the law of the land, people from a country

that is at war with us, and merchants - who shall be dealt with as

stated above - are excepted from this provision.

(43) If a man holds lands of any ‘escheat’ such as the ‘honour’ of

Wallingford, Nottingham, Boulogne, Lancaster, or of other ‘escheats’ in

our hand that are baronies, at his death his heir shall give us only

the ‘relief’ and service that he would have made to the baron, had the

barony been in the baron’s hand. We will hold the ‘escheat’ in the same

manner as the baron held it.

(44) People who live outside the forest need not in future appear

before the royal justices of the forest in answer to general summonses,

unless they are actually involved in proceedings or are sureties for

someone who has been seized for a forest offence.

(45) We will appoint as justices, constables, sheriffs, or other

officials, only men that know the law of the realm and are minded to

keep it well.

(46) All barons who have founded abbeys, and have charters of English

kings or ancient tenure as evidence of this, may have guardianship of

them when there is no abbot, as is their due.

(47) All forests that have been created in our reign shall at once be

disafforested. River-banks that have been enclosed in our reign shall

be treated similarly.

(48) All evil customs relating to forests and warrens, foresters,

warreners, sheriffs and their servants, or river-banks and their

wardens, are at once to be investigated in every county by twelve sworn

knights of the county, and within forty days of their enquiry the evil

customs are to be abolished completely and irrevocably. But we, or our

chief justice if we are not in England, are first to be informed.

(49) We will at once return all hostages and charters delivered up to

us by Englishmen as security for peace or for loyal service. ***here

were some strange characters, not completely removed

(50) We will remove completely from their offices the kinsmen of Gerard

de Ath, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in

future they shall hold no offices in England. The people in question

are Engelard de Cigogn, Geoffrey de Martigny and his brothers, Philip

Marc and his brothers, with Geoffrey his nephew, and all their

followers.

* As soon as peace is restored, we will remove from the kingdom all the

foreign knights, bowmen, their attendants, and the mercenaries that

have come to it, to its harm, with horses and arms.

* To any man whom we have deprived or dispossessed of lands, castles,

liberties, or rights, without the lawful judgement of his equals, we

will at once restore these. In cases of dispute the matter shall be

resolved by the judgement of the twenty-five barons referred to below

in the clause for securing the peace. In cases, however, where a man

was deprived or dispossessed of something without the lawful judgement

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

it remains in our hands or is held by others under our warranty, we

shall have respite for the period commonly allowed to Crusaders, unless

a lawsuit had been begun, or an enquiry had been made at our order,

before we took the Cross as a Crusader. On our return from the Crusade,

or if we abandon it, we will at once render justice in full.

* We shall have similar respite in rendering justice in connexion with

forests that are to be disafforested, or to remain forests, when these

were first aforested by our father Henry or our brother Richard; with

the guardianship of lands in another persons fee, when we have hitherto

had this by virtue of a fee held of us for knights service by a third

party; and with abbeys founded in another persons fee, in which the

lord of the fee claims to own a right. On our return from the Crusade,

or if we abandon it, we will at once do full justice to complaints

about these matters.

* No one shall be arrested or imprisoned on the appeal of a woman for

the death of any person except her husband.

* All fines that have been given to us unjustly and against the law of

the land, and all fines that we have exacted unjustly, shall be

entirely remitted or the matter decided by a majority judgement of the

twenty-five barons referred to below in the clause for securing the

peace together with Stephen, archbishop of Canterbury, if he can be

present, and such others as he wishes to bring with him. If the

archbishop cannot be present, proceedings shall continue without him,

provided that if any of the twenty-five barons has been involved in a

similar suit himself, his judgement shall be set aside, and someone

else chosen and sworn in his place, as a substitute for the single

occasion, by the rest of the twenty-five.

* If we have deprived or dispossessed any Welshmen of lands, liberties,

or anything else in England or in Wales, without the lawful judgement

of their equals, these are at once to be returned to them. A dispute on

this point shall be determined in the Marches by the judgement of

equals. English law shall apply to holdings of land in England, Welsh

law to those in Wales, and the law of the Marches to those in the

Marches. The Welsh shall treat us and ours in the same way.

* In cases where a Welshman was deprived or dispossessed of anything,

without the lawful judgement of his equals, by our father King Henry or

our brother King Richard, and it remains in our hands or is held by

others under our warranty, we shall have respite for the period

commonly allowed to Crusaders, unless a lawsuit had been begun, or an

enquiry had been made at our order, before we took the Cross as a

Crusader. But on our return from the Crusade, or if we abandon it, we

will at once do full justice according to the laws of Wales and the

said regions.

* We will at once return the son of Llywelyn, all Welsh hostages, and

the charters delivered to us as security for the peace.

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

king of Scotland, his liberties and his rights, we will treat him in

the same way as our other barons of England, unless it appears from the

charters that we hold from his father William, formerly king of

Scotland, that he should be treated otherwise. This matter shall be

resolved by the judgement of his equals in our court.

* All these customs and liberties that we have granted shall be

observed in our kingdom in so far as concerns our own relations with

our subjects. Let all men of our kingdom, whether clergy or laymen,

observe them similarly in their relations with their own men.

***Strange characters may have ended here.

SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering

of our kingdom, and to allay the discord that has arisen between us and

our barons, and since we desire that they shall be enjoyed in their

entirety, with lasting strength, for ever, we give and grant to the

barons the following security:

* The barons shall elect twenty-five of their number to keep, and cause

to be observed with all their might, the peace and liberties granted

and confirmed to them by this charter.

* If we, our chief justice, our officials, or any of our servants

offend in any respect against any man, or transgress any of the

articles of the peace or of this security, and the offence is made

known to four of the said twenty-five barons, they shall come to us -

or in our absence from the kingdom to the chief justice - to declare it

and claim immediate redress. If we, or in our absence abroad the chief

justice, make no redress within forty days, reckoning from the day on

which the offence was declared to us or to him, the four barons shall

refer the matter to the rest of the twenty-five barons, who may

distrain upon and assail us in every way possible, with the support of

the whole community of the land, by seizing our castles, lands,

possessions, or anything else saving only our own person and those of

the queen and our children, until they have secured such redress as

they have determined upon. Having secured the redress, they may then

resume their normal obedience to us.

* Any man who so desires may take an oath to obey the commands of the

twenty-five barons for the achievement of these ends, and to join with

them in assailing us to the utmost of his power. We give public and

free permission to take this oath to any man who so desires, and at no

time will we prohibit any man from taking it. Indeed, we will compel

any of our subjects who are unwilling to take it to swear it at our

command.

* If one of the twenty-five barons dies or leaves the country, or is

prevented in any other way from discharging his duties, the rest of

them shall choose another baron in his place, at their discretion, who

shall be duly sworn in as they were.

* In the event of disagreement among the twenty-five barons on any

matter referred to them for decision, the verdict of the majority

present shall have the same validity as a unanimous verdict of the

whole twenty-five, whether these were all present or some of those

summoned were unwilling or unable to appear.

* The twenty-five barons shall swear to obey all the above articles

faithfully, and shall cause them to be obeyed by others to the best of

their power.

* We will not seek to procure from anyone, either by our own efforts or

those of a third party, anything by which any part of these concessions

or liberties might be revoked or diminished. Should such a thing be

procured, it shall be null and void and we will at no time make use of

it, either ourselves or through a third party.

We have remitted and pardoned fully to all men any ill-will, hurt, or

grudges that have arisen between us and our subjects, whether clergy or

laymen, since the beginning of the dispute. We have in addition

remitted fully, and for our own part have also pardoned, to all clergy

and laymen any offences committed as a result of the said dispute

between Easter 1215 AD and the restoration of peace.

In addition we have caused letters patent to be made for the barons,

bearing witness to this security and to the concessions set out above,

over the seals of Stephen archbishop of Canterbury, Henry archbishop of

Dublin, the other bishops named above, and Master Pandulf.

IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be

free, and that men in our kingdom shall have and keep all these

liberties, rights, and concessions, well and peaceably in their fulness

and entirety for them and their heirs, of us and our heirs, in all

things and all places for ever.

Both we and the barons have sworn that all this shall be observed in

good faith and without deceit. Witness the above mentioned people and

many others.

Given by our hand in the meadow that is called Runnymede, between

Windsor and Staines, on the fifteenth day of June in the seventeenth

year of our reign.

***

[There were many missing spaces in this one, not sure I got them all]

The Magna Carta · 第 3 / 5 题