1 Magna Carta The Great Charter 1215 After King John I ca 1167 1216 lost most of his French lands and much of his army at the Battle of Bouvines in 1214 he was forced to ask his barons for more money and service They however were fed up with his mismanagement of the English kingdom and demanded that John agree to limitations on his power In 1215 the barons forced John to sign the Magna Carta an agreement between John and the barons that protected their rights Among the concessions to which John agreed were the barons right to sit in council to advise the king the protection of minors who might inherit titles and lands and the Church s freedom from royal interference Though the original agreement did not include language committing all future kings and barons to the agreement English kings of the thirteenth century because of their relative lack of power at the time of accession were forced to agree to terms similar to those in the Magna Carta Therefore it became a foundational document in the history of constitutional law Preamble John by the grace of God king of England lord of Ireland duke of Normandy and Aquitaine and count of Anjou to the archbishop bishops abbots earls barons justiciaries foresters sheriffs stewards servants and to all his bailiffs and liege subjects greetings Know that having regard to God and for the salvation of our soul and those of all our ancestors and heirs and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm we have granted as underwritten by advice of our venerable fathers Stephen archbishop of Canterbury primate of all England and cardinal of the holy Roman Church Henry archbishop of Dublin William of London Peter of Winchester Jocelyn of Bath and Glastonbury Hugh of Lincoln Walter of Worcester William of Coventry Benedict of Rochester bishops of Master Pandulf subdeacon and member of the household of our lord the Pope of brother Aymeric master of the Knights of the Temple in England and of the illustrious men William Marshal earl of Pembroke William earl of Salisbury William earl of Warenne William earl of Arundel Alan of Galloway constable of Scotland Waren Fitz Gerold Peter Fitz Herbert Hubert De Burgh seneschal of Poitou Hugh de Neville Matthew Fitz Herbert Thomas Basset Alan Basset Philip d Aubigny Robert of Roppesley John Marshal John Fitz Hugh and others our liegemen 1 In the first place we have granted to God and by this our present charter confirmed for us and our heirs forever that the English Church shall be free and shall have her rights entire and her liberties inviolate and we will that it be thus observed which is apparent from this that the freedom of elections which is reckoned most important and very essential to the English Church we of our pure and unconstrained will did grant and did by our charter confirm and did obtain the ratification of the same from our lord Pope Innocent III before the quarrel arose between us and our barons and this we will observe and our will is that it be observed in good faith by our heirs forever We have also granted to all freemen of our kingdom for us and our heirs forever all the underwritten liberties to be had and held by them and their heirs of us and our heirs forever 2 2 If any of our earls or barons or others holding of us in chief by military service shall have died and at the time of his death his heir shall be full of age and owe relief he shall have his inheritance by the old relief to wit the heir or heirs of an earl for the whole baroncy of an earl by 100 pounds the heir or heirs of a baron 100 pounds for a whole barony the heir or heirs of a knight 5 pounds at most and whoever owes less let him give less according to the ancient custom of fees 3 If however the heir of any one of the aforesaid has been under age and in wardship let him have his inheritance without relief and without fine when he comes of age 4 The guardian of the land of an heir who is thus under age shall take from the land of the heir nothing but reasonable produce reasonable customs and reasonable services and that without destruction or waste of men or goods and if we have committed the wardship of the lands of any such minor to the sheriff or to any other who is responsible to us for its issues and he has made destruction or waster of what he holds in wardship we will take of him amends and the land shall be committed to two lawful and discreet men of that fee who shall be responsible for the issues to us or to him to whom we shall assign them and if we have given or sold the wardship of any such land to anyone and he has therein made destruction or waste he shall lose that wardship and it shall be transferred to two lawful and discreet men of that fief who shall be responsible to us in like manner as aforesaid 5 The guardian moreover so long as he has the wardship of the land shall keep up the houses parks fishponds stanks mills and other things pertaining to the land out of the issues of the same land and he shall restore to the heir when he has come to full age all his land stocked with ploughs and wainage according as the season of husbandry shall require and the issues of the land can reasonable bear 6 Heirs shall be married without disparagement yet so that before the marriage takes place the nearest in blood to that heir shall have notice 7 A widow after the death of her husband shall forthwith and without difficulty have her marriage portion and inheritance nor shall she give anything for her dower or for her marriage portion or for the inheritance which her husband and she held on the day of the death of that husband and she may remain in the house of her husband for forty days after his death within which time her dower shall be assigned to her 8 No widow shall be compelled to marry so long as she prefers to live without a husband provided always that she gives security not to marry without our consent if she holds of us or without the consent of the lord of whom she holds if she holds of another 9 Neither we nor our bailiffs will seize any land or rent for any debt as long as the chattels of the debtor are sufficient to repay the debt nor shall the sureties of the debtor be distrained so 3 long as the principal debtor is able to satisfy the debt and if the principal debtor shall fail to pay the debt having nothing wherewith to pay it then the sureties shall answer for the debt and …
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