Part 36 (2/2)

Duplicate copies of the doc.u.ment were made for distribution among the barons, and papers which are generally supposed to represent four of these still exist, two being in the British Museum.

The charter makes a lengthy doc.u.ment and many parts of it are too technical to be of service in this book; hence only a few of the most important chapters are here given. Translations of the entire doc.u.ment from the original Latin may be found in many places, among them the University of Pennsylvania _Translations and Reprints_, Vol. I., No.

6; Lee, _Source Book of English History_, 169-180; Adams and Stephens, _Select Doc.u.ments Ill.u.s.trative of English Const.i.tutional History_, pp.

42-52; and the _Old South Leaflets_, No. 5.

Source--Text in William Stubbs, _Select Charters Ill.u.s.trative of English Const.i.tutional History_ (8th ed., Oxford, 1895), pp. 296-306. Adapted from translation in Sheldon Amos, _Primer of the English Const.i.tution and Government_ (London, 1895), pp. 189-201 _pa.s.sim_.

John, by the grace of G.o.d, king of England, lord of Ireland, duke of Normandy, Aquitane, and count of Anjou, to his archbishops, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, governors, officers, and to all bailiffs, and his faithful subjects, greeting. Know ye, that we, in the presence of G.o.d, and for the salvation of our soul, and the souls of all our ancestors and heirs, and unto the honor of G.o.d and the advancement of Holy Church, and amendment of our Realm, ... have, in the first place, granted to G.o.d, and by this our present Charter confirmed, for us and our heirs forever:

[Sidenote: Liberties of the English Church guaranteed]

=1.= That the Church of England shall be free, and have her whole rights, and her liberties inviolable; and we will have them so observed that it may appear thence that the freedom of elections, which is reckoned chief and indispensable to the English Church, and which we granted and confirmed by our Charter, and obtained the confirmation of the same from our Lord Pope Innocent III., before the discord between us and our barons, was granted of mere free will; which Charter we shall observe, and we do desire it to be faithfully observed by our heirs forever.[425]

[Sidenote: The rate of reliefs]

=2.= We also have granted to all the freemen of our kingdom, for us and for our heirs forever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs forever. If any of our earls, or barons, or others who hold of us in chief by military service,[426] shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief--that is to say, the heir or heirs of an earl, for a whole earldom, by a hundred pounds; the heir or heirs of a knight, for a whole knight's fee, by a hundred s.h.i.+llings at most; and whoever oweth less shall give less, according to the ancient custom of fees.[427]

=3.= But if the heir of any such shall be under age, and shall be in ward, when he comes of age he shall have his inheritance without relief and without fine.[428]

[Sidenote: The three aids]

=12.= No scutage[429] or aid shall be imposed in our kingdom, unless by the general council of our kingdom;[430] except for ransoming our person, making our eldest son a knight, and once for marrying our eldest daughter; and for these there shall be paid no more than a reasonable aid. In like manner it shall be concerning the aids of the City of London.[431]

[Sidenote: The Great Council]

=14.= And for holding the general council of the kingdom concerning the a.s.sessment of aids, except in the three cases aforesaid, and for the a.s.sessing of scutage, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons of the realm, singly by our letters. And furthermore, we shall cause to be summoned generally, by our sheriffs and bailiffs, all others who hold of us in chief, for a certain day, that is to say, forty days before their meeting at least, and to a certain place. And in all letters of such summons we will declare the cause of such summons.

And summons being thus made, the business shall proceed on the day appointed, according to the advice of such as shall be present, although all that were summoned come not.[432]

=15.= We will not in the future grant to any one that he may take aid of his own free tenants, except to ransom his body, and to make his eldest son a knight, and once to marry his eldest daughter; and for this there shall be paid only a reasonable aid.[433]

=36.= Nothing from henceforth shall be given or taken for a writ of inquisition of life or limb, but it shall be granted freely, and not denied.[434]

=39.= No freeman shall be taken or imprisoned, or disseised,[435]

or outlawed,[436] or banished, or in any way destroyed, nor will we pa.s.s upon him, nor will we send upon him,[437] unless by the lawful judgment of his peers,[438] or by the law of the land.[439]

=40.= We will sell to no man, we will not deny to any man, either justice or right.[440]

[Sidenote: Freedom of commercial intercourse]

=41.= All merchants shall have safe and secure conduct to go out of, and to come into, England, and to stay there and to pa.s.s as well by land as by water, for buying and selling by the ancient and allowed customs, without any unjust tolls, except in time of war, or when they are of any nation at war with us. And if there be found any such in our land, in the beginning of the war, they shall be detained, without damage to their bodies or goods, until it be known to us, or to our chief justiciary, how our merchants be treated in the nation at war with us; and if ours be safe there, the others shall be safe in our dominions.[441]

=42.= It shall be lawful, for the time to come, for any one to go out of our kingdom and return safely and securely by land or by water, saving his allegiance to us (unless in time of war, by some short s.p.a.ce, for the common benefit of the realm), except prisoners and outlaws, according to the law of the land, and people in war with us, and merchants who shall be treated as is above mentioned.[442]

=51.= As soon as peace is restored, we will send out of the kingdom all foreign knights, cross-bowmen, and stipendiaries, who are come with horses and arms to the molestation of our people.[443]

=60.= All the aforesaid customs and liberties, which we have granted to be holden in our kingdom, as much as it belongs to us, all people of our kingdom, as well clergy as laity, shall observe, as far as they are concerned, towards their dependents.[444]

[Sidenote: How the charter was to be enforced]

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