The 1689
Bill of Rights
An Act for declaring the
rights and liberties of the subject and settling the succession of
the crown.
WHEREAS THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS, ASSEMBLED AT
WESTMINSTER, LAWFULLY, FULLY, AND FREELY REPRESENTING ALL THE ESTATES
OF THE PEOPLE OF THIS REALM, DID UPON THE THIRTEENTH DAY OF FEBRUARY,
IN 1689, PRESENT UNTO THEIR MAJESTIES THEN CALLED AND KNOWN BY THE
NAMES AND STYLE OF WILLIAM AND MARY, PRINCE AND PRINCESS OF ORANGE,
BEING PRESENT IN THEIR PROPER PERSONS, A CERTAIN DECLARATION IN WRITING,
MADE BY THE SAID LORDS AND COMMONS, IN THE WORDS FOLLOWING:
Whereas the late King James the Second, by
the assistance of divers evil counselors, judges, and ministers employed
by him, did endeavour to subvert and extirpate the protestant religion,
and the laws and liberties of this kingdom.
By assuming and exercising a power of dispensing
with and suspending of laws, and the execution of laws, without consent
of parliament.
By committing and prosecuting divers worthy prelates, for humbly petitioning
to be excused concurring to the said assumed power.
By issuing and causing to be executed a commission under the great seal
for erecting a court called, The court of commissioners for ecclesiastical
causes.
By levying money for and to the use of the crown, by pretence of prerogative,
for other time, and in other manner, than the same was granted by parliament.
By raising and keeping a standing army within this kingdom in time of
peace, without consent of parliament, and quartering soldiers contrary
to law.
By causing several good subjects, being protestants, to be disarmed,
at the same time when papists were both armed and employed, contrary
to law.
By violating the freedom of election of members to serve in parliament.
By prosecutions in the court of King's bench, for matters and causes
cognizable only in parliament; and by divers other arbitrary and illegal
courses.
And whereas of late years, partial, corrupt, and unqualified persons
have been returned and served on juries in trials and particularly divers
jurors in trials for high treason, which were not freeholders.
And excessive bail hath been required of persons committed in criminal
cases, to elude the benefit of the laws made for the liberty of the
subject.
And excessive fines have been imposed; and illegal and cruel punishments
inflicted.
And several grants and promises made of fines and forfeitures, before
any conviction or judgment against the persons, upon whom the same were
to be levied.
All of which are utterly and directly contrary to the known laws and
statutes, and freedom of this realm.
And whereas the said late King James II having abdicated the government,
and the throne being thereby vacant, his highness the Prince of Orange
(whom it hath pleased Almighty God to make the glorious instrument of
delivering this kingdom from popery and arbitrary power) did (by the
advice of the lords spiritual and temporal, and divers principal persons
of the commons) cause letters to be written to the lords spiritual and
temporal, being protestants; and other letters to the several counties,
cities, universities, boroughs, and cinque-ports, for the choosing of
such persons to represent them, as were of right to be sent to parliament,
to meet and sit at Westminster upon the 22 January, 1689 in order to
make such an establishment, as that their religion, laws, and liberties
might not again be in danger of being subverted; upon which letters,
elections have been accordingly made,
And thereupon the said lords spiritual and
temporal, and commons, pursuant to their respective letters and elections,
being now assembled in a full and free representative of this nation,
taking into their most serious consideration the best means for attaining
the ends aforesaid; do in the first place (as their ancestors in like
cases have usually done) for the vindicating and asserting their ancient
rights and liberties, declare:
That the pretended power of suspending of
laws, or the execution of laws, by regal authority, without consent
of parliament, is illegal.
That the pretended power of dispensing with laws, or the executions
of laws, by regal authority, as it hath been assumed and exercised of
late, is illegal.
That the commission for erecting the late court of commissioners for
ecclesiastical causes, and all other commissions and courts of like
nature are illegal and pernicious.
That levying money for or to the use of the crown, by pretence of prerogative,
without grant of parliament, for longer time, or in other manner than
the same is or shall be granted, is illegal.
That it is the right of the subjects to petition the King, and all commitments
and prosecutions for such petitioning are illegal.
That the raising or keeping a standing army within the kingdom in time
of peace, unless it be with consent of parliament, is against law.
That the subjects which are protestants, may have arms for their defence
suitable to their conditions, and as allowed by law.
That election of members of parliament ought to be free.
That the freedom of speech, and debates or proceedings in parliament,
ought not to be impeached or questioned in any court or place out of
parliament.
That excessive bail ought not to be required, nor excessive fines imposed;
nor cruel and unusual punishments inflicted.
That jurors ought to be duly empanelled and returned, and jurors which
pass upon men in trials of high treason ought to be freeholders.
That all grants and promises of fines and forfeitures of particular
persons before conviction, are illegal and void.
And that for redress of all grievances, and for the amending, strengthening
and preserving of the laws, parliaments ought to be held frequently.
And they do claim, demand, and insist upon all and singular the premises,
as their undoubted rights and liberties; and that no declarations, judgments,
doings, or proceedings, to the prejudice of the people in any of the
said premises, ought in any wise to be drawn hereafter into consequence
or example; to which demand of their rights they are particularly encouraged
by the declaration of this highness the prince of Orange, as being the
only means for obtaining a full redress and remedy therein.
Having therefore an entire confidence, That his said highness the Prince
of Orange will perfect the deliverance so far advanced by him, and will
still preserve them from the violation of their rights, which they have
here asserted, and from all other attempts upon their religion, rights,
and liberties, the said lords spiritual and temporal, and commons, assembled
at Westminster, do resolve, That William and Mary prince and princess
of Orange, be, and be declared, King and Queen of England, France and
Ireland, and the dominions thereunto belonging, to hold the crown and
royal dignity of the said kingdoms and dominions to them the said prince
and princess during their lives, and the life of the survivor of them;
and that the sole and full exercise of the regal power be only in, and
executed by the said prince of Orange, in the names of the said prince
and princess, during their joint lives; and after their deceases, the
said crown and royal dignity of the said kingdoms and dominions to be
to the heirs of the body of the said princess; and for default of such
issue to the princess Anne of Denmark and the heirs of her body; and
for default of such issue to the heirs of the said prince of Orange.
And the lords spiritual and temporal, and commons, do pray the said
prince and princess to accept the same accordingly.
And that the oaths hereafter mentioned be
taken by all persons of whom the oaths of allegiance and supremacy might
be required by law, instead of them; and that the said oaths of allegiance
and supremacy may be abrogated.
"I, A.B. do sincerely promise and swear, That I will be faithful,
and bear true allegiance, to their Majesties, King William and Queen
Mary: So help me God."
"I, A.B. do swear, That I from my heart abhor, detest, and abjure
as impious and heretical, that damnable doctrine and position, That
princes excommunicated or deprived by the pope, or any authority of
the see of Rome, may be deposed or murdered by their subjects, or any
other whatsoever. And I do declare, That no foreign prince, person,
prelate, state, or potentate hath, or ought to have any jurisdiction,
power, superiority, pre-eminence, or authority, ecclesiastical or spiritual,
within this realm, So help me God."
Upon which their said Majesties did accept
the crown and royal dignity of the kingdoms of England, France, and
Ireland, and the dominions thereunto belonging, according to the resolution
and desire of the said lords and commons contained in the said declaration.
And thereupon their Majesties were pleased, that the said lords spiritual
and temporal, and commons, being the two houses of parliament, should
continue to sit, and with their Majesties royal concurrence make effectual
provision for the settlement of the religion, laws and liberties of
this kingdom, so that the same for the future might not be in danger
again of being subverted; to which the said lords spiritual and temporal,
and commons, did agree and proceed to act accordingly.
Now in pursuance of the premises, the said
lords spiritual and temporal, and commons, in parliament assembled,
for the ratifying, confirming and establishing the said declaration,
and the articles, clauses, matters, and things therein contained, by
the force of a law made in due form by authority of parliament, do pray
that it may be declared and enacted; that all and singular the rights
and liberties asserted and claimed in the said declaration are the true,
ancient, and indubitable rights and liberties of the people of this
kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken
to be, and that all and every the particulars aforesaid shall be firmly
and strictly holden and observed, as they are expressed in the said
declaration; and all the officers and ministers whatsoever shall serve
their Majesties and their successors according to the same in all times
to come.
{WWLIA note: we have not reproduced two parts
here. The first deals with the recognition that William III "did
become, were, are, and of right ought to be, by the laws of this realm,
our sovereign liege and lady, King and Queen of England; and the subsequent
part of the 1689 Bill of Rights which dealt with the descent of the
Crown to survivors of King William III and Mary.}
Whereas it hath been found by experience, that it is inconsistent with
the safety and welfare of this protestant kingdom, to be governed by
a popish prince, or by any King or Queen marrying a papist.
The said lords spiritual and temporal, and commons, do further pray
that it may be enacted, that all and every person and persons that is,
are or shall be reconciled to, or shall hold communion with, the see
or church of Rome, or shall profess the popish religion, or shall marry
a papist, shall be excluded, and be for ever incapable to inherit, possess,
or enjoy the crown and government of this realm, and Ireland, and the
dominions belonging thereunto, or any part of the same, or to have,
use, or exercise any regal power, authority, or jurisdiction within
the same. In all and every such case or cases the people of these realms
shall be, and are hereby absolved of their allegiance. The said crown
and government shall from time to time descend to, and be enjoyed by
such person or persons, being protestants, as should have inherited
and enjoyed the same, in case the said person or persons so reconciled,
holding communion, or professing, or marrying as aforesaid, were naturally
dead.
Every King and Queen of this realm, who at
any time hereafter shall come to and succeed in the imperial crown of
this kingdom, shall on the first day of the meeting of the first parliament,
next after his or her coming to the crown, sitting his or her throne
in the house of peers, in the presence of the lords and commons therein
assembled, or at his or her coronation, before such person or persons
who shall administer the coronation oath to him or her, at the time
of his or her taking the said oath (which shall first happen) make,
subscribe, and audibly repeat the declaration mentioned in the statute
made in the thirtieth year of the reign of King Charles the Second,
instituted, An act for the more effectual preserving the King's person
and government, by disabling papists from sitting in either house of
parliament. But if it shall happen, that such King or Queen, upon his
or her succession to the crown of this realm, shall be under the age
of twelve years, then every such King or Queen shall make, subscribe,
and audibly repeat the said declaration at his or her coronation, or
the first day of the meeting of the first parliament as aforesaid, which
shall happen after such King or Queen shall have attained the said age
of twelve years.
All which their Majesties are contented and
pleased shall be declared, enacted, and established by authority of
this present parliament, and shall stand, remain, and be the law of
this realm for ever; and the same are by their said Majesties, by and
with the advice and consent of the lords spiritual and temporal, and
commons, in parliament assembled, and by the authority of the same,
declared, enacted, and established accordingly.
It further declared and enacted by the authority
aforesaid, that from and after this present session of parliament, no
dispensation by "notwithstanding" of or to any statute, or
any part thereof, shall be allowed, but that the same shall be held
void and of no effect, except a dispensation be allowed of in such a
statute, and except in such cases as shall be specially provided for
by one or more bill or bills to be passed during this present session
of parliament.
Provided that no charter, or grant, or pardon,
granted before the three and twentieth day of October [1689] shall be
any ways impeached or invalidated by this act, but that the same shall
be and remain of the same force and effect in law, and no other than
as if this act had never been made.
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The Magna Carta (1215)
This edition of the Magna Carta is referenced in the UK Legal Information
Centre, the History of the Law page and as part of the WWLIA LAW Museum
Archives collection.
At Runneymede, England, on June 15, 1215, King John of England signed
the Magna Carta in which he conceded a number of legal rights to his
barons and to the people. In order to finance his foreign wars, King
John had taxed abusively. His Barons threatened rebellion and coerced
the King into committing to rudimentary judicial guarantees such as
the freedom of the church, fair taxation, controls over imprisonment
(habeas corpus) and the right to all merchants to come and go, freely,
except in time of war. The Magna Carta had 61 clauses the most important
of which may have been #39: "No freeman shall be captured or imprisoned
... except by lawful judgement of his peers or by the law of the land".
It was the first time a king allowed that even he could be compelled
to observe a law or the barons were allowed to "distrain and distress
him in every possible way", just short of a legal right to rebellion.
Once sworn to the document, letters were sent to all sheriffs ordering
them to read the Charter aloud in public. It was a first "bill
of rights" which tried to put some kind of controls over the total
powers of British Kings. It has been called the "blueprint of English
common law" and was even recently pleaded in a English case. Here
is the full, unabridged text:
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:
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:
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. 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.
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. 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.
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 heirs next-of-kin.
At her husbands 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 husbands house for forty
days after his death, and within this period her dower shall be assigned
to her.
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.
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 debtors 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 debtors 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.
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.
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.
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.
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.
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.
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.
No man shall be forced to perform more service for a knights fee, or
other free holding of land, than is due from it.
Ordinary lawsuits shall not follow the royal court around, but shall
be held in a fixed place.
Inquests of novel disseisin, mort dancestor, 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.
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.
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.
Earls and barons shall be fined only by their equals, and in proportion
to the gravity of their offence.
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.
No town or person shall be forced to build bridges over rivers except
those with an ancient obligation to do so.
No sheriff, constable, coroners, or other royal officials are to hold
lawsuits that should be held by the royal justices.
Every county, hundred, wapentake, and tithing shall remain at its ancient
rent, without increase, except the royal demesne manors.
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.
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.
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.
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.
No sheriff, royal official, or other person shall take horses or carts
for transport from any free man, without his consent.
Neither we nor any royal official will take wood for our castle, or
for any other purpose, without the consent of the owner.
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.
All fish-weirs shall be removed from the Thames, the Medway, and throughout
the whole of England, except on the sea coast.
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 lords court.
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.
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.
If a man holds land of the Crown by fee-farm, socage, or burgage, and
also holds land of someone else for knights service, we will not have
guardianship of his heir, nor of the land that belongs to the other
persons fee, by virtue of the fee-farm, socage, or burgage, unless the
fee-farm owes knights service. We will not have the guardianship of
a mans 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.
In future no official shall place a man on trial upon his own unsupported
statement, without producing credible witnesses to the truth of it.
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.
To no one will we sell, to no one deny or delay right or justice.
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.
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.
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 barons hand. We will hold the escheat in the same manner as the
baron held it.
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.
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.
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.
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.
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.
We will at once return all hostages and charters delivered up to us
by Englishmen as security for peace or for loyal service.
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.
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.
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. 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.
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 persons fee, when we have hitherto
had this by virtue of a fee held of us for knights service by a third
party; and with abbeys founded in another persons 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.
No one shall be arrested or imprisoned on the appeal of a woman for
the death of any person except her husband.
All fines that have been given to us unjustify 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 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.
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.
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.
We will at once return the son of Llywelyn, all Welsh hostages, and
the charters delivered to us as security for the peace.
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.
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.
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 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.
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.
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 1215 AD 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.
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 (i.e. 1215).
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