A History and Defence of Magna Charta/Great Charter (French)
THE
GREAT CHARTER
OF
KING JOHN;
A true copy from the
ORIGINAL FRENCH.
John, by the grace of God King of England, to the archbiſhops, biſhops, abbots, earls, barons, juſtices, foreſters, ſheriffs, prevoſts, miniſters, and all his bailiffs and his lieges, greeting. Know ye, that we by the grace of God, and for the ſaving of our ſoul, and the ſouls of all our anceſtors, and of our heirs, and for the honour of God, and the ſafety of holy church, and for the amendment of our government, by the advice of our honoured fathers, Stephen, archbiſhop of Canterbury, primate of all England, and cardinal of Rome; Henry, archbiſhop of Dublin, William, biſhop of London, Peter, biſhop of Wincheſter, Jocelin, biſhop of Bath, Hugh, biſhop of Lincoln, Walter, biſhop of Worceſter, William, biſhop of Cheſter, Benedict, biſhop of Rocheſter, and maſter Pandulph, ſub-deacon of our Lord the apoſtle, and of our friend brother Anner, maſter of the order of knights templars in England; and by the advice of our barons, William, earl marſhal earl of Pembroke, William, earl Saliſbury, William, earl of Warren, William, earl of Arundel, Alan of Galloway, conſtable of Scotland, Warin Fitz-Gerard, Peter Fitz-Herbert, Thomas Basset, Alan Basset, Philip d’Aubenie, Robter de Ropelee, John Marshal, and John Fitz-Hugh, and by the advice of other lieges:
Have in the firſt place granted to God, and confirmed by this our preſent charter, for us and for our heirs for ever, That the churches of England ſhall be free, and ſhall enjoy their rights and franchiſes entirely and fully: and this our purpoſe is, that it be obſerved, as may appear by our having granted, of our mere and free will, that elections ſhould be free (which is reputed to be a very great and very neceſſary privilege of the churches of England) before the difference aroſe betwixt us and our barons, and by our having confirmed the ſame by our charter, and by our having procured it moreover to be confirmed by our lord the apoſtle Innocent the third. Which privilege we will maintain: and our will is, that the ſame be faithfully maintained by our heirs for ever.
We have alſo granted to all the freemen of our kingdom, for us and for our heirs for ever, all the liberties hereafter mentioned, to have and to hold to them and their heirs of us and our heirs. If any of our earls, our barons, or others that hold of us in chief by knight-ſervice, die; and at, the time of his death his heir be of full age, and relief be due, he ſhall have his inheritance by the antient relief; to wit the heir or heirs of an earl, for an entire earldom, C. pounds; the heir or heirs of a baron, for an entire barony, C. marks; the heir or heirs of a knight, for a whole knight’s fee, C. ſhillings at moſt: and where leſs is due, leſs ſhall be paid, according to the antient cuſtoms of the ſeveral tenures.
If the heirs of any ſuch be within and in ward they ſhall have their inheritance when they come of age without relief, and without fine.
The guardians of the land of ſuch heirs being within age, ſhall take nothing out of the land of the heirs, but only the reaſonable profits, reaſonable cuſtoms, and reaſonable ſervices, and that without making deſtruction or waſte of men or goods.
And if we ſhall have committed the cuſtody of the land of any ſuch heir to a ſheriff, or any other who is to account to us for the profits of the land, and that ſuch committee make deſtruction or waſte, we will take of him amends, and the land ſhall be committed to two lawful and good men of that fee, who ſhall account for the profit to us, or to ſuch as we ſhall appoint.
And if we ſhall give or ſell to any perſon, the cuſtody of the lands of any ſuch heir, and ſuch donee or vendee make deſtruction or waſte, he ſhall loſe the cuſtody, and it ſhall be committed to two lawful, ſage, and good men, who ſhall account to us for the ſame, as aforeſaid.
And the guardian, whilſt he has cuſtody of the heir’s land, ſhall maintain the houſes, ponds, parks, pools, mills and other appurtenances to the land, out of the profits of the land itſelf; and ſhall reſtore to the heir, when he ſhall be of full age, his land well ſtocked, with ploughs, barns, and the like, as it was when he received it and as the profits will reaſonably afford.
Heirs ſhall be married without diſparagement; inſomuch, that before the marriage be contracted, the perſons that are next of kin to the heir, be made acquainted with it.
A widow after the death of her huſband, ſhall preſently and without oppreſſion, have her marriage and her inheritance; nor ſhall give any thing for her marriage, nor for her dower, nor for her inheritance, which ſhe and her huſband were ſeized of the day of her huſband’s death: and ſhe ſhall remain in her huſband’s houſe forty days after his death; within which time her dower ſhall be aſſigned her.
No widow ſhall be compelled to marry if ſhe be deſirous to live ſingle, provided ſhe give ſecurity not to marry without our leave, if ſhe hold of us, or without the lord’s leave of whom ſhe holds, if ſhe hold of any other.
We nor our bailiffs will not ſeize the lands or rents of a debtor for any debt ſo long as his goods are ſufficient to pay the debt: nor ſhall the pledges be diſtrained upon whilſt the principal debtor is able to pay the debt. But if the principal debtor have not wherewith to pay the debt, the pledges ſhall anſwer for it: and if they will, they ſhall have the lands and rents of the debtor till they have received the debt which they paid for him, if the principal debtor cannot ſhew that he is quit againſt his pledges.
If any perſons have borrowed money of Jews, more or leſs, and die before they have paid the debt, the debt ſhall not grow whilſt the heir is under age; and if ſuch debt become due to us, We will take no more than the goods expreſſed in deed.
And if any die, and owe a debt to the Jews, his wife ſhall have her dower, and ſhall be charged with no part of the debt, and if the children of the deceaſed perſon be within age, their reaſonable eſtovers ſhall be provided them, according to the value of the eſtate which their anceſtor had; and the debt ſhall be paid out of the reſidue, ſaving the ſervices due to the lord. In like manner ſhall it be done in cafes of debts owing to other perſons that are not Jews.
We will impoſe no eſcuage[1] nor aids within our realm, but by the common council of our realm, except for our ranſom, and for the making our eldeſt ſon a knight, and for marrying our eldeſt daughter once: and for theſe purpoſes there ſhall but a reaſonable aid be required.
In like manner ſhall it be dodge in the city of London: and moreover, the city of London ſhall have all her antient cuſtoms and liberties by land and water.
We will moreover grant, that all other cities, and boroughs, and towns, and ports, have, in all reſpects, their liberties and free cuſtoms.
And as for coming to the common council of the kingdom, and for aſſeſſing aids (except in the three cafes aforeſaid) and as for the aſſeſſing of eſcuage, we will cauſe to be ſummoned the archbiſhops, biſhops, abbots, earls, and the greater barons, each in particular by our letters; and moreover, we will cauſe to be ſummoned in general, by our ſheriffs, and bailiffs, all that hold of us in chief, at a certain day; to wit, forty days after at leaſt, and at a certain place, and in our ſaid letters we will expreſs the cauſe of the ſummons. And when the ſummons ſhall be ſo made, buſineſs ſhall go on at the day aſſigned, by the advice of ſuch as are preſent, though all that are ſummoned do not appear.
We will not allow for the future, that any take aid of his free-men, but only to ranſom his perſon, to make his eldeſt ſon a knight, and to marry his eldeſt daughter once; and for theſe purpoſes there ſhall but a reaſonable aid be given.
None ſhall be diſtrained to do greater ſervice for a knight’s fee, or for any other, frank-tenement than what is due by his tenure.
Common pleas ſhall. not follow our court, but ſhall be held in a certain place.
Recognizances of novel diſſeiſin, mordanceſter, and darrein preſentment, ſhall be taken no where but in their proper counties, and in this manner: We, or our chief juſtice (if ourfelves be out of the realm) will ſend two juſtices through every county four times a year; who, with four knights of every county, to be choſen by the county, ſhall take the ſaid aſſizes in the county, at a day when the county-court is held, and in a certain place: and if the ſaid aſſizes cannot be taken upon that day, ſo many knights and free tenants of them that were preſent in the county court that day, ſhall ſtay, as may give a good judgment, according as the concern may be greater or leſs.
A freeman ſhall not be amerced for a little offence, but according to the manner of his offence; and for a great offence he ſhall be amerced according to the greatneſs of his offence, ſaving his contenement; and ſo a merchant ſaving his merchandize; and a villain in like manner ſhall be amerced ſaving his wainage, if he fall into our mercy: and none of the ſaid amercements ſhall be affeered, but by, oath of good and lawful men of the vicinage.
An earl and a baron ſhall not be amerced but by their peers, and according to the manner of their offence.
No clerk ſhall be amerced but according to his lay-fee, and in like manner as others aforeſaid, and not according to the quantity of his church-living.
No ville nor any man ſhall be diſtrained to make bridges over rivers, but where they antiently have, and of right, ought to make them.
No ſheriffs, conſtables, coroners, or other our bailiffs, ſhall hold the pleas of our crown.
All counties, hundreds, wapentakes and tithings, ſhall be at the antient farms without being raiſed, except our own demeſne mannors.
If any that holds us a lay-fee die, and our ſheriffs, or other our bailiffs ſhew our letters patents of ſummons for a debt which the deceaſed owed to us, our ſheriff or bailiff may well attach and inventory the goods of the dead which ſhall be found upon his lay-fee, to the value of the debt which the deceaſed owed to us, by the view of lawful men, yet ſo as nothing be removed till ſuch time as the debt, which ſhall be found to be due to us, be paid; and the reſidue ſhall go to the executors to perform the teſtament of the dead; and if nothing be owing to us, all his goods ſhall go to the uſe of the dead, ſaving to his wife and children their reaſonable parts.
If any freeman die inteſtate, his goods ſhall be divided by the hands of his near kindred and friend by the view of holy church, ſaving to every one their debts which the dead owed them.
None of our conſtables, nor other our bailiffs ſhall take the corn, nor other the goods of any perſon without paying for the ſame preſently, unleſs he have time given him by conſent of the vendor.
Our conſtables ſhall diſtrain no man who holds by knight-ſervice, to give money for caſtle-guard, if he has performed it himſelf in proper perſon, or by another good man, if he could not perform it himſelf for ſome reaſonable cauſe: and if we lead him, or ſend him into the army, he ſhall be diſcharged of caſtle-guard for ſo long time as he ſhall be with us in the army.
Our ſheriffs, our bailiffs, or others, ſhall not take the horſes nor carts of any freeman to make carriage, but by leave of ſuch freeman.
Neither ourſelves nor our bailiffs ſhall take another man’s wood for our caſtles, or other occaſions, but by his leave whoſe wood it is.
We will hold the lands of ſuch as ſhall be convicted of felony but a year and a day, and then we will reſtore them to the lords of the fees.
All wears ſhall, for this time forward, be wholly taken away in Thames and Medway, and throughout all England, except upon the ſea-coaſt.
The writ called Precipe henceforth ſhall be made to none out of any tenement, whereby a freeman may loſe his court.
One meaſure of wine ſhall be uſed throughout our kingdom, and one meaſure of ale, and one meaſure of corn, to wit, the London quart. and there ſhall be one breadth of dyed cloths, ruſſets, and haubergets, to wit, two ells within the liſts: and concerning weights, it ſhall be in like manner as of meaſures.
Nothing ſhall be given or taken henceforth for a writ of inquiſition of life or member, but it ſhall be granted freely and ſhall not be denied.
If any hold of us by fee-farm, or by ſoccage, and hold likewiſe land of others by knight-ſervice, we will not have the cuſtody of the heir, nor of the land which is of the fee of another, by reaſon of ſuch fee-farm, ſoccage, or burgage, unleſs ſuch fee-farm owe knight-ſervice.
We will not have the wardſhip of the heir, nor of the land of any perſon, which he holds of another by knight-ſervice, by reaſon of any petit ſerjeantry by which he holds of us, as by the ſervice of giving us arrows, knives, or ſuch like.
No bailiff for the time to come ſhall put any man to his law upon his bare word, without good witneſſes produced.
No freeman ſhall be taken, nor impriſoned, nor diſſeized, nor out-lawed, nor exiled, nor deſtroyed in any manner; nor will we paſs upon him, nor condemn him, but by the lawful judgment of his peers, or by the law of the land.
We will ſell none, we will deny nor delay to none right and juſtice.
All merchants may, with ſafety and ſecurity, go out of England, and come into England, and ſtay, and paſs through England by land and water, to buy and fell without any evil tolls, paying the antient and rightful duties, except in time of war; and then they that are of the country with whom we are at war, and are found here at the beginning of the war, ſhall be attached, but without injury to their bodies or goods, till it be known to us or to our chief-juſtice, how our merchants are entreated which are found in our enemies’ country; and if our’s be ſafe there, they ſhall be ſafe in our land.
It ſhall be lawful for all men in time to come, to go out of our kingdom, and to return ſafely and ſecurely by land and by water, ſaving their faith due to us, except it be in time of war for ſome ſhort time for the profit of the realm. But out of this article are excepted perſons in priſon, perſons out-lawed, according to the law of the land and perſons of the country with whom we are at war. Concerning merchants what is above-ſaid ſhall hold as to them.
If any hold of any eſcheat, as of the honour of Wallingford, Nottingham, Boloin, Lancaſter, or of other eſcheats which are in our hand, and are baronies, and die, his heirs ſhall owe to us no other relief, nor do us any other ſervice, than was due to the baron of ſuch barony when it was in his hand; and we will hold the ſame in like manner as the baron held it.
Men that dwell out of the foreſt, ſhall not appear before our juſtices of the foreſt by common ſummons, unleſs they be in ſuit themſelves, or bail for others who are attached for the foreſt.
We will not make ſheriffs, juſtices, nor bailiffs, but of ſuch as know the law of the land, and will keep it.
All that have founded abbies, whereof they have charters from the Kings of England, or antient tenure, ſhall have the cuſtody thereof whilſt they are vacant, as they ought to have.
All the foreſts that have bean afforeſted in our time, ſhall inſtantly be diſafforefted, in like manner be it of rivers, that in our time and by us have been put in defence.
All evil cuſtoms of foreſts and warrens, and of foreſters and warrenners of ſheriffs and their miniſters, of rivers and of guarding them, ſhall forthwith be inquired of in every county, by twelve knights ſworn of the ſame county, who muſt be choſen by the good men of the ſame county. And within forty days after they have made ſuch inquiſition, the ſaid evil cuſtoms ſhall be utterly aboliſhed by thoſe ſame knights, ſo as never to be revived; provided they be firſt made known to us, or to our chief juſtice if we be out of the realm.
We will, forthwith, reſtore all the hoſtages, and all the deeds which have been delivered to us by the Engliſh, for ſurety of the peace, or of faithful ſervice.
We will wholly put out of bailiffwicks, the kindred of Gerard de Aties, ſo that henceforth they ſhall not have a bailiffwick in England; and Engeland de Cigoigne, Peron, Guyon, Andrew de Chanceas, Gyon de Cygoigni, Geffry de Martigni and his brothers, Philip Mark and his brothers, Geffry his nephew, and all their train. And preſently after the peace ſhall be performed, we will put out of the realm all knights, foreigners, ſlingers, ſerjeants and ſoldiers, who came with horſe or arms to the nuiſance of the realm.
If any be diſſeized or eſloined by us, without lawful judgment of his peers, of lands, chattels, franchiſes, or of any right, we will, forthwith, reſtore the ſame; and if any difference a riſe upon it, it ſhall be determined by the judgment of the five and twenty barons, of whom mention is made hereafter in the ſecurity for the peace.
As to all things whereof any have been diſſeized, or eſloined without lawful judgment of their peers, by King Henry our father, or by King Richard our brother, which we have in our hands; or which any other has to whom we are bound to warrant the ſame, we will have reſpite to the common term of them that are croſſed for the holy land, except ſuch things for which ſuits are commenced, or inqueſt taken by our order before we took upon us the croſs. And if we return from the pilgrimage, or perhaps forbear going, we will do full right therein. The ſame reſpite we will have, and the ſame right we will do in manner aforeſaid, as to the diſafforeſting of foreſts; or letting them remain foreſts, which the Kings, Henry our father, or Richard our brother have afforeſted; and, as to the cuſtodies of lands which are of the fee of other perſons, which we have held till now by reaſon of other men’s fees, who held of us by knight-ſervice; and of abbies that are founded in other men’s fees, in which the lords of the fees claim a right: and when we ſhall be returned from our pilgrimage, or if we forbear going, we will immediately do full right to all that ſhall complain.
None ſhall be taken nor impriſoned upon the appeal of a woman, for the death of any than her huſband.
All the fines and all the amercements that are impoſed for our uſe, wrongfully and contrary to the law of the land, ſhall be pardoned; or elſe they ſhall be determined by the judgment of the five and twenty barons, of whom hereafter, or by the judgment of the greater number of them that ſhall be preſent, or before Stephen, archbiſhop of Canterbury, if he can be there, and thoſe that he ſhall call to him; and if he cannot be preſent, matters ſhall proceed, notwithſtanding, without him; ſo always, that if one or more of the ſaid five and twenty barons be concerned in any ſuch complaint, they ſhall not give judgment thereupon, but others choſen and ſworn ſhall be put in their room to act in their ſtead, by the reſidue of the ſaid five and twenty barons.
If we have diſſeized or eſloined any Welchmen of land, franchiſes, or of other things, without lawful judgment of their peers, in England or in Wales, they ſhall, forthwith, be reſtored unto them; and if ſuits ariſe thereupon, right ſhall be done them in the Marches by the judgment of their peers; of Engliſh tenements according to the law of England, and of tenements in Wales according to the law of Wales; and tenements in the Marches according to the law of the Marches: and in like manner ſhall the Welch do to us and our ſubjects.
As for all ſuch things, whereof any Welchmen have been diſſeized or eſloined, without lawful judgment of their peers, by King Henry our father, or by King Richard our brother, which we have in our hands, or which any others have, to whom we are bound to warrant the ſame, we will have reſpite till the common term be expired of all that croſſed themſelves for the Holy Land, thoſe things excepted whereupon ſuits were commenced, or inqueſts taken by our order before we took upon us the croſs, and when we ſhall return from our pilgrimage, or if, peradventure, we forbear going, we will preſently cauſe full right to be done therein, according to the laws of Wales, and before the ſaid parties.
We will forthwith reſtore the ſon of Lewelyn, and all the hoſtages of Wales, and the deeds that have been delivered to us for ſecurity of the peace.
We will deal with Alexander, King of Scotland, as to the reſtoring him his ſuitors and his hoſtages, his franchiſes and rights, as we do with our other barons of England, unleſs it ought to be otherwiſe by virtue of the charter which we have of his father William, late King of Scotland; and this to be by the judgment of his peers in our court.
All theſe cuſtoms and franchiſes aforeſaid, which we have granted to be kept in our kingdom, ſo far forth as we are concerned, towards our men, all perſons of the kingdom, clerks and lay, muſt obſerve for their parts towards their men.
And, whereas, we have granted all theſe things for God’s ſake, and for the amendment of our government, and for the better compromiſing the diſcord ariſen betwixt us and our barons: we, willing that the ſame be firmly held and eſtabliſhed for ever, do make and grant to our barons the ſecurity underwritten; to wit, That the barons ſhall chuſe five and twenty barons of the Realm, whom they liſt, who ſhall, to their utmoſt power, keep and hold, and cauſe to be kept, the peace and liberties which we have granted and confirmed by this our preſent charter, in ſomuch, that if we, or our juſtice, or our bailiff, or any of our miniſters act contrary to the ſame in any thing, againſt any perſons, or offend againſt any article of this peace and ſecurity, and ſuch our miſcarriage be ſhewn to four barons of the ſaid five and twenty, thoſe four barons ſhall come to us, or to our juſtice, if we be out of the realm, and ſhew us our miſcarriage, and require us to amend the ſame without delay; and if we do not amend it, or if we be out of the realm, our juſtice do not amend it within forty days after the ſame is ſhewn to us, or to our juſtice if we be out of the realm, then the ſaid four barons ſhall report the ſame to the reſidue of the ſaid five and twenty barons; and then thoſe five and twenty barons, with the commonaliy of England, may diſtreſs us by all the ways they can; to wit, by ſeizing on our caſtles, lands, and poſſeſſions, and by what other means they can, till it be amended, as they ſhall judge; ſaving our own person, the perſon of our Queen, and the perſons of our children: and view it is amended, they ſhall be ſubject to us as before. And whoever of the realms will, may ſwear, that for the performance of theſe things he will obey the commands of the ſaid five and twenty barons, and that, together with them, he will diſtreſs us to his power: and we will give public and free leave to ſwear to all that will ſwear, and will never hinder any one: and for all perſons of the realm, that of their own accord will ſwear to the ſaid five and twenty barons to diſtreſs us, we will iſſue our precept, commanding them to ſwear as aforeſaid.
And if any of the ſaid five and twenty barons die, or go out of the realm, or be any way hindered from acting as aforeſaid, the reſidue of the ſaid five and twenty barons ſhall chuſe another in his room, according to their diſcretion, who ſhall ſwear as the others do.
And as to all things which the ſaid five and twenty barons are to do, if, peradventure, they be not all preſent, or cannot agree, or in caſe any of thoſe that are ſummoned cannot or will not come, whatever ſhall be determined by the greater number of them that are preſent, ſhall be good and valid, as if all had been preſent.
And the ſaid five and twenty barons ſhall ſwear, that they will faithfully obſerve all the matters aforeſaid, and cauſe them to be obſerved to their power.
And we will not obtain of any one for ourſelves, or for any other, any thing whereby any of theſe conceſſions, or of theſe liberties may be revoked or annihilated; and if any ſuch thing be obtained, it ſhall be null and void, nor ſhall ever be made uſe of by ourſelves or any other.
And all ill-will, diſdain, and rancour, which has been between us and our ſubjects of the clergy and laity ſince the ſaid diſcord began, we do fully releaſe and pardon to them all. And moreover, all treſpaſſes that have been committed by occaſion of the ſaid diſcord ſince Eaſter, in the ſixteenth of our reign, to the reſtoring of the peace, we have fully releaſed to clerks and laymen; and ſo far as in us lies we have fully pardoned them: And further, we have cauſed letters patent to be made to them in teſtimony hereof, witneſſed by Stephen, archbiſhop of Canterbury, Henry, archbiſhop of Dublin, and by the aforeſaid biſhops, and by Mr. Pandulphus, upon this ſecurity and theſe conceſſions. Whereby, we will and ſtrictly command, that the church of England be free, and enjoy all the ſaid liberties, and rights, and grants, well and in peace, freely and quietly, fully and entirely to them and their heirs, in all things, in all places, and for ever as aforeſaid. And we and our barons have ſworn that all things above written, ſhall be kept on our parts, in good faith, without ill deſign. The witneſſes are the perſons above-named and many others.
This charter was given at the meadow called Running Mead, betwixt Windſor and Stanes, the fifteenth day of June, in the ſeventeenth year of our reign.
John, by the grace of God, King of England, to the ſheriff of Hampſhire, and to the twelve that are choſen in that county, to enquire of, and put away, the evil cuſtoms of the ſheriffs, and of their miniſters, of foreſts and foreſters, of warrens and warrenners, of rivers, and of guarding them, greeting. We command you, that without delay, you ſeize into our hand, the lands and tenements, and the goods of all thoſe of the county of Southampton, that will not ſwear to the ſaid five and twenty barons, according to the form expreſſed in our charter of liberties, or to ſuch as they ſhall have thereunto appointed; and if they will not ſwear preſently, at the end of fifteen days after their lands, and tenements, and chattels are ſeized into our hands, that ye ſell all their goods, and keep ſafely the money that ye ſhall receive for the ſame, to be employed for the relief of the holy land of Jeruſalem; and that ye keep their lands and tenements in our hands till they have ſworn, or that Stephen, archbiſhop of Canterbury, and the barons of our kingdom have given judgment thereupon. In witneſs whereof, we direct unto you theſe our letters patent. Witneſs ourſelf: at Odibaam, the ſeven and twentieth day of June, in the ſeventeenth year of our reign.
- ↑ Taxes for the helmet, or war.