1213.

the wit

by their messengers or their letter, I will keep secret, and will consciously disclose to no one to their damage. The patrimony of blessed Peter, and specially the realm of England and the realm of Ireland, I will aid to hold and defend against all men to my ability. So help me God and these holy gospels. Witness myself at the house of the Knights of with the the Temple near Dover, in the presence of the lord H. Arch- names of bishop of Dublin; the lord J. Bishop of Norwich; G. Fitz- nesses. Peter, Earl of Essex, our justiciar; W. Earl of Salisbury, our brother; W. Marshall, Earl of Pembroke; R. Count of Boulogne; W. Earl of Warenne; S. Earl of Winchester; W. Earl of Arundel; W. Earl of Ferrers; W. Brewer; Peter, son of Herbert; Warren, son of Gerald. The 15th day of May in the 14th year of our reign.

XXVI.

JOHN'S ECCLESIASTICAL CHARTER, A. D. 1214.

THE interdict was relaxed, June 29, 1214, and the damages of the Church assessed. The following charter was issued in November in order to detach the clergy, as it would seem, from the barons. It was reissued in January, 1215, and was confirmed by the Pope. See Stubbs, S. C. p. 288.

[Tr. Statutes of the Realm, Charters of Liberties, p. 5.]

1214.

John, by the grace of God king of England, lord of Agreement being now Ireland, duke of Normandy and Aquitaine, earl of Anjou, made to the archbishops, bishops, earls, barons, knights, bailiffs, between king and and to all who shall see or hear these letters, greeting. bishops, Since by the grace of God, of the mere and free will of both parties, there is full agreement concerning damages and losses in the time of the interdict, between us and our venerable fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the Holy Roman Church

1214.

the king concedes the free

cathedral

and conventual prelates,

and Bishops William of London, Eustace of Ely, Giles of Hereford, Joscelin of Bath and Glastonbury, and Hugh of Lincoln-we wish not only to make satisfaction to them, as far as in God we can, but also to make sound and beneficial provision for all the Church of England for ever; and so whatsoever custom has been hitherto observed in the English Church, in our own times and those of our predecessors, and whatsoever right we have claimed for election of ourselves hitherto in the elections of any prelates, we have at their own petition, for the health of our soul and the souls of our predecessors and successors kings of England, freely of our mere and spontaneous will, with the common consent of our barons, granted and constituted, and by this our present charter have confirmed: that henceforth in all and singular the churches and monasteries, cathedral and conventual, of all our kingdom of England, the elections of all prelates whatsoever, greater or less, be free for ever, saving to ourselves and our heirs the custody of vacant churches and monasteries which belong to us. of vacant royal We promise also that we will neither hinder nor suffer nor churches, procure to be hindered by our ministers that in all and and demanding singular the churches and monasteries mentioned, after the prelacies are vacant, the electors should, whenever they will, sought, freely set a pastor over them, yet so that leave to elect be first asked of us and our heirs, which we will not deny nor defer. And if by chance, which God forbid, we should deny or defer, let the electors, none the less, proceed to make canonical election; and likewise, after the election is concluded, let our assent be demanded, which in like manner we will not deny, unless we put forth some reasonable excuse and lawfully prove it, by reason of which we should not consent. Wherefore we will and firmly forbid that when churches or monasteries are vacant, any one in anything proceed or presume to proceed in opposition to this our charter. But if any do ever at any time proceed

reserving custody

that per

mission be

both to elect and for confir mation;

1214.

to the con

in opposition to it, let him incur the curse of Almighty God and our own. These being witnesses: Peter, bishop all action of Winchester, &c. (here follow twelve barons.) Given by trary being the hand of Master Richard de Marisco, our chancellor, at reprobated. the New Temple in London, on the 21st day of November in the 16th year of our reign.

XXVII.

THE CHURCH CLAUSES OF MAGNA CARTA,
A. D. 1215.

[Tr. Facsimile given in the Statutes of the Realm, of a contemporary copy in the custody of the Dean and Chapter of Lincoln. Cf. Stubbs, S. C. 296.]

1215.

pose of the

advisers

John, by the grace of God king of England, lord of Address Ireland, duke of Normandy and Aquitaine, earl of Anjou, and pur to his archbishops, bishops, abbots, earls, barons, justiciars, charter. foresters, sheriffs, reeves, ministers, and all bailiffs and liege men, greeting. Know ye that we by God's inspiration and. for the safety of our soul and those of our ancestors and heirs, for the honour of God and the exaltation of holy Church and the amending of our realm, by the advice of The king's our venerable fathers Stephen, archbishop of Canterbury, both primate of all England, and cardinal of the Holy Roman clerical Church, Henry, archbishop of Dublin, William of London, and lay in Peter of Winchester, Joscelin of Bath and Glastonbury, up. Hugh of Lincoln, Walter of Worcester, William of Coventry, and Benedict of Rochester, of Master Pandulf, subdeacon and familiar of the lord the Pope, of Emeric our brother, Master of the Knights of the Temple in England; and of the noble men, William Marshal Earl of Pembroke, William Earl of Salisbury, William Earl of Warenne, William Earl of Arundel, Alan of Galloway, constable of Scotland, Warren son of Gerald, Hubert de Burgh, steward of Poitou, Peter

1215.

The liber

Church of

are con

firmed, and particularly freedom of

Fitz Herbert, Hugh Neville, Matthew Fitz Herbert, Thomas
Basset, Alan Basset, Philip de Albiny, Robert de Roppelay,
John Marshal, John Fitz Hugh, and other our faithful

men:

1. Have in the first place granted to God, and confirmed ties of the by this our present charter, for us and our heirs for ever, England that the Church of England be free, and have her rights intact, and her liberties uninjured; and so we will it to be observed, which appears from the fact that freedom of elections which is considered to be of chief moment and the election more necessary for the Church of England, we have by our already mere and spontaneous will, before the beginning of the granted, discord between us and our barons, granted and confirmed by our charter, and have had it confirmed by the lord the Pope Innocent III, which we will both observe and will as also the that it be observed in good faith by our heirs for ever. We general have also granted to all free men of our realm for us and our heirs for ever, all the liberties mentioned below, to have and to hold for them and their heirs of us and our heirs.

liberties of

all free

men as

stated in the sequel.

Final confirmation

[§§ 2-62 refer to secular matters. See Stubbs, S. C. pp. 297-305.]

63. Wherefore we will and firmly command that the English Church be free, and that the men in our realm have and hold all the aforesaid liberties, rights, and grants, aforesaid well and in peace, freely and quietly, fully and wholly, to

of the liberties

oath.

themselves and their heirs of us and our heirs in all things and places for ever, as is aforesaid. Moreover an oath has been taken, as well on our side as on that of the barons, by mutual that all these things aforesaid shall be observed with good faith and without evil disposition. The aforesaid and many others being witness. Given by 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.

Date and place.

[In chronological sequence, the Acts of the Council of London, A.D. 1237. should here follow. On account of their great length they are omitted from these pages, but will be found in Wilkins (i. pp. 649-656). The Canons of Ottobon, A.D. 1268, omitted for a similar reason, will be found in Wilkins (ii. pp. 1-19).]

XXVIII.

THE MORTMAIN ACT OF 1279.

7 EDWARD I, STAT. 2.

THE following Mortmain Act became law in 1279. It is the first Act which deals with property given to ecclesiastical persons. It received addition or modification on various subsequent occasions, the most important being the Acts of 1391; 7 & 8 William III, cap. 37; 9 George II, cap. 36; and 5 George IV, cap. 103.

[Tr. Statutes of the Realm, i. 51.]

1279.

vided that

enter religious chief men should

not hold

and lands withinto out licence.

The king to his Justices of the Bench, greeting. Where Lately proof late it was provided, that religious men should not into the fees of any without licence and will of the lords, of whom those fees be holden immediately; notwithstanding, religious men have entered as well their own fees, as into the fees of other men, appropriating and buying them, and sometimes receiving them of the gift of others, whereby the services that are due from such This profees, and which at the beginning were provided for defence evaded. of the realm, are wrongfully withdrawn, and the chief lords lose their escheats of the same:

vision

that no

ated in

We thereupon, to the profit of our realm, intending to Ordained provide convenient remedy by the advice of our prelates, land shall earls, barons, and other our subjects, being of our council, be alienhave provided, established, and ordained, that no person, mortmain religious or other, whatsoever he be, presume to buy or sell upon pain any lands or tenements, or to receive them under the colour of gift or lease, or any other title, whatsoever it

G

of forfeiture.