 |
King
John signing the Magna Carta at Runnymede in 1215 |
Lincoln
is fortunate to own one of only four copies of the Magna Carta still
in existence. Owned by the Cathedral, the document is stored in
a highly controlled environment within the Magna Carta exhibition
inside Lincoln Castle.
Latin
for 'Great Charter', the Magna Carta is considered by many to be
one of the most significat documents in the history of democracy,
having set in motion many basic rights of the people. Over the years
it has been responsible for influencing such concepts as the US
Constitution and the Bill of Rights, and many of the items identified
within it are still a part of British law to this day.
Issued
in 1215, and much altered over the years, it was essentially drawn
up after disagreements between the then King of England, King John,
his barons, and the Pope. It stated that all people, including the
government and the monarch, were to be subject to the law, essentially
limiting the power of the King.
Every
county in England was issued with a copy of the document when it
was first drafted in Runnymede in 1215. Lincoln's copy, one of only
four still in existence, was brought back to the Cathedral by the
Bishop of Lincoln Hugh of Wells, who was also so one of the witnesses
to the signing.
The
English translation of the document is shown below (beware - it's
not the easiest read in the world!)
"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 l00s. 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 servlce.
(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.
(50) We will remove completely from their offices the kinsmen of
Gerard de Athée, and in future they shall hold no offices
in England. The people in question are Engelard de Cigogné',
Peter, Guy, and Andrew de Chanceaux, Guy de Cigogné, Geoffrey
de Martigny and his brothers, Philip Marc and his brothers, with
Geoffrey his nephew, and all their followers.
(51) 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.
(52) 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 (§ 61). 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.
(53) 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 a-orested by our father Henry or our brother
Richard; with the guardianship of lands in another person's 'fee',
when we have hitherto had this by virtue of a 'fee' held of us for
knight's service by a third party; and with abbeys founded in another
person's '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.
(54)
No one shall be arrested or imprisoned on the appeal of a woman
for the death of any person except her husband.
(55) 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 (§ 61) 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.
(56)
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.
(57) 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.
(58) We will at once return the son of Llywelyn, all Welsh hostages,
and the charters delivered to us as security for the peace.
(59) 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.
(60)
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.
(61) 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 chiefjustice, 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.
(62) 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 in the sixteenth year of our reign (i.e.
1215) 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.
(63) 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 abovementioned 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." |
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