This document represents a major development in the history of modern democracy in the West at the time when Peking/Beijing fell to the invading hordes of Gengis Khan.
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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. |
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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: |
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| 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: |
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| 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'. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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 ouly 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. |
* |
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| 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. |
* |
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| 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. |
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| 17. | Ordinary lawsuits
shall not follow the royal court around, but shall be held in a fixed
place. |
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| 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. |
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| 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. |
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| 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. |
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| 21. | Earls and barons shall be fined
only by their equals, and in proportion to the gravity of their offence. |
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| 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. |
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| 23. | No town or person shall be forced
to build bridges over rivers except those with an ancient obligation to
do so. |
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| 24. | No sheriff, constable, coroners,
or other royal officials are to hold lawsuits that should be held by the royal justices. |
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| 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. |
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| 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. |
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| 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. |
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| 30. | No sheriff, royal official, or
other person shall take horses or carts for transport from any free man,
without his consent. |
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| 31. | Neither we nor any royal official
will take wood for our castle, or for any other purpose, without the consent
of the owner. |
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| 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. |
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| 33. | All fish-weirs shall be removed
from the Thames, the Medway, and throughout the whole of England, except
on the sea coast. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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.
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| 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. |
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| 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 afforested 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. |
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| 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. |
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| 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 Llewellyn, 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. |
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| 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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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| 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. |
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| 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. |
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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. |
i.e. 1215: King John's new regnal year began on 28 May. | ||||
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The original was not divided into
paragraphs. This is done here to facilitate reading.
Clauses marked ‘+’ are still valid under the charter of 1225, but with a few minor amendments. Clauses marked ‘*’ were omitted in all later reissues of the Charter. In the original Charter the clauses are not numbered, and the text reads continuously. This translation conveys the sense rather than the precise wording of the original Latin text. |
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