1215: The Year of Magna Carta Ebook (33 page)

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  1. Immediately after concluding peace, we will remove from the kingdom all alien knights, crossbowmen, sergeants and mercenary soldiers who have come with horses and arms to the hurt of the realm.
  2. If anyone has been disseised or deprived by us without lawful judgement of his peers of lands, castles, liberties or his rights we will restore them to him at once; and if any disagreement arises on this, then let it be settled by the judgement of the Twenty-Five barons referred to below in the security clause. But for all those things of which anyone was disseised or deprived without lawful judgement of his peers by King Henry our father, or by King Richard our brother, which we hold in our hand or which are held by others under our warranty, we shall have respite for the usual crusader’s term; excepting those cases in which a plea was begun or inquest made on our order before we took the cross; when, however, we return from our pilgrimage, or if perhaps we do not undertake it, we will at once do full justice in these matters.
  3. We shall have the same respite, and in the same manner, in doing justice or disafforesting or retaining those forests which Henry our father or Richard our brother afforested, and concerning custody of lands which are of the fee of another, the which wardships we have had hitherto by virtue of a fee held of us by knight’s service, and concerning abbeys founded on fees other than our own, in which the lord of the fee claims to have a right. And as soon as we return, or if we do not undertake our pilgrimage, we will at once do full justice to complainants in these matters.
  4. No one shall be taken or imprisoned upon the appeal of a woman for the death of anyone except her husband.
  5. All fines which were made with us unjustly and contrary to the law of the land, and all amercements imposed unjustly and contrary to the law of the land, shall be completely remitted or else they shall be settled by the judgement of the Twenty-Five barons mentioned below in the security clause, or by the judgement of the majority of the same, along with the aforesaid, Stephen, Archbishop of Canterbury, if he can be present, and others whom he wishes to summon with him for this purpose. And if he cannot be present the business shall nevertheless proceed without him, provided that if any one or more of the aforesaid Twenty-Five barons are in such a suit they shall stand down in this particular judgement, and shall be replaced by others chosen and sworn in by the rest of the same Twenty-Five, for this case only.
  6. If we have disseised or deprived Welshmen of lands, liberties or other things without lawful judgement of their peers, in England or in Wales, they are to be returned to them at once; and if a dispute arises over this it shall be settled in the March by judgement of their peers; for tenements in England according to the law of England, for tenements in Wales according to the law of Wales, for tenements in the March according to the law of the March. The Welsh are to do the same to us and ours.
  7. For all those things, however, of which any Welshman has been disseised or deprived without lawful judgement of his peers by King Henry our father, or King Richard our brother, which we have in our possession or which others hold under our legal warranty, we shall have respite for the usual crusader’s term; excepting those cases in which a plea was begun or inquest made on our order before we took the cross. However, when we return, or if perhaps we do not go on our pilgrimage, we will at once give them full justice in accordance with the laws of the Welsh and the aforesaid regions.
  8. We will restore at once the son of Llywelyn and all the hostages from Wales and the charters delivered to us as security for peace.
  9. We will treat Alexander, King of the Scots, concerning the return of his sisters and hostages and his liberties and rights in the same manner in which we will act towards our other barons of England, unless it ought to be otherwise because of the charters which we have from William his father, formerly King of the Scots; and this shall be determined by the judgement of his peers in our court.
  10. All these aforesaid customs and liberties which we have granted to be held in our realm as far as it pertains to us towards our men, shall be observed by all men of our realm, both clerk and lay, as far as it pertains to them, towards their own men.
  11. Since, moreover, we have granted all the aforesaid things for God, for the reform of our realm and the better settling of the quarrel which has arisen between us and our barons, wishing these things to be enjoyed fully and undisturbed in perpetuity, we give and grant them the following security: namely, that the barons shall choose any twenty-five barons of the realm they wish, who with all their might are to observe, maintain and cause to be observed the peace and liberties which we have granted and confirmed to them by this our present charter; so that if we or our justiciar or our bailiffs or any of our servants offend against anyone in any way, or transgress any of the articles of peace or security, and the offence is indicated to four of the aforesaid twenty-five barons, these four barons shall come to us or our justiciar, if we are out of the kingdom, and shall bring it to our notice and ask that we have it redressed without delay. And if we, or our justiciar, should we be out of the kingdom, do not redress the offence within forty days from the time when it was brought to the notice of us or our justiciar, should we be out of the kingdom, the aforesaid four barons shall refer the case to the rest of the twenty-five barons and those twenty-five barons with the commune of all the land shall distrain and distress us in every way they can, namely by seizing castles, lands and possessions, and in such other ways as they can, saving our person and those of our queen and of our children, until, in their judgement, amends have been made; and when it has been redressed they are to obey us as they did before. And anyone in the land who wishes may take an oath to obey the orders of the said twenty-five barons in the execution of all the aforesaid matters, and to join with them in distressing us to the best of his ability, and we publicly and freely permit anyone who wishes to take the oath, and we will never forbid anyone to take it. Moreover we shall compel and order all those in the land who of themselves and of their own free will are unwilling to take an oath to the twenty-five barons to distrain and distress us with them, to take the oath as aforesaid. And if any of the twenty-five barons dies or leaves the country or is otherwise prevented from discharging these aforesaid duties, the rest of the aforesaid barons shall on their own decision choose another in his place, who shall take the oath in the same way as the others. In all matters the execution of which is committed to those twenty-five barons, if it should happen that the twenty-five are present and disagree among themselves on anything, or if any of them who has been summoned will not or cannot come, whatever the majority of those present shall provide or order is to be taken as fixed and settled as if the whole twenty-five had agreed to it; and the aforesaid twenty-five are to swear that they will faithfully observe all the aforesaid and will do all they can to secure its observance. And we will procure nothing from anyone, either personally or through another, by which any of these concessions and liberties shall be revoked or diminished; and if any such thing is procured, it shall be null and void, and we will never use it either ourselves or through another.
  12. And we have completely remitted and pardoned to all any ill will, grudge and rancour that have arisen between us and our subjects, clerk and lay, from the time of the quarrel. Moreover we have fully forgiven and completely condoned to all, clerk and lay, as far as pertains to us, all offences occasioned by the said quarrel from Easter in the sixteenth year of our reign to the conclusion of peace. And moreover we have caused letters patent of the Lord Stephen, Archbishop of Canterbury, the Lord Henry, Archbishop of Dublin, the aforesaid bishops and Master Pandulf to be made for them on this security and the aforesaid concessions.
  13. Wherefore we wish and firmly command that the English church shall be free, and the men in our realm shall have and hold all the aforesaid liberties, rights and concessions well and peacefully, freely and quietly, fully and completely for them and their heirs of us and our heirs in all things and places for ever, as is aforesaid. Moreover an oath has been sworn, both on our part and on the part of the barons, that all these things aforesaid shall be observed in good faith and without evil intent. Witness the above-mentioned and many others. Given under our hand in the meadow which is called Runnymede between Windsor and Staines on the fifteenth day of June in the seventeenth year of our reign.
Acknowledgements
We are extremely grateful to the following distinguished historians, archaeologists and curators who very generously gave of their time and knowledge:
Prof Robert Bartlett, University of St Andrews
Dr Matthew Bennett, Royal Military College, Sandhurst
Dr Ian Betts, Museum of London
Dr Paul Brand, All Souls, Oxford
Dr Claire Breay, Department of Manuscripts, British Library
Dr Michelle Brown, Department of Manuscripts, British Library
Prof David Carpenter, King’s College London
Dr Justin Champion, Royal Holloway College
Prof Christopher Dyer, Birmingham University
Dr Anne Davies, Museum of London
Dr Geoff Egan, Museum of London
Dr Charles French, Department of Archaeology, Cambridge
Dr Ian Friel, Chichester Museum
Dr Damian Goodburn, Museum of London
Dr A.C. Grayling, Birkbeck College
Dr Christopher de Hamel, Corpus Christi College, Cambridge
Prof John Hatcher, Corpus Christi College, Cambridge
Dr Catherine Hills, Newnham College, Cambridge
Dr John Hudson, University of St Andrews
Prof Tony Hunt, St Peter’s College, Oxford
Dr Edward Impey, English Heritage
Prof Martin Jones, Department of Archaeology, Cambridge
Dr Maurice Keen, Oxford
Dr Nick Mayhew, Ashmolean Museum
Dr Beverly Nenk, British Museum
Dr Peter Neumann, Queen’s College, Oxford
Dr Christopher Page, Sidney Sussex College, Cambridge
Dr Jackie Pearce, Museum of London
Prof Jane Renfrew, Lucy Cavendish College, Cambridge
Dr James Robinson, British Museum
Prof Nigel Saul, Royal Holloway College
Dr John Schofield, Museum of London
Dr Emma Smith, Hertford College, Oxford
Dr Terry Smith, Museum of London
Dr Jacqueline Steadall, St Peter’s College, Oxford
Dr John Steane
Dr David Stone, Corpus Christi College, Cambridge
Dr Christopher Tyerman, Hertford College, Oxford
Dr Liesbeth van Houts, Emmanuel College, Cambridge
Dr Charles Webster, All Souls, Oxford
Dr Bill White, Museum of London
Illustrations
Map on p. viii from
The History Today Companion to British History
eds. Juliet Gardiner and Neil Wenborn, Collins & Brown, London 1995
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