APPENDIX OF DOCUMENTS. A. EXTRACTS FROM MAGNA CHARTA (1215). [The original charter was in Latin. The translation from which the following extracts are taken is that published in Sheldon Amos' The English Constitution, and reprinted in Old South Leaflets, No. 5, with explanatory notes. A translation is also given in Mabel Hill's Liberty Documents, with Contemporary Exposition and Critical Comments drawn from various writers (1901). Subsequent confirmations of the Charter are referred to in a note at the end of the extracts.] JOHN, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitaine, and Count of Anjou, to his Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, Governors, Officers, and to all Bailiffs, and his faithful subjects, greeting. Know ye, that we, in the presence of God, and for the salvation of our soul, and the souls of all our ancestors and heirs, and unto the honour of God and the advancement of Holy Church, and amendment of our Realm, by advice of . . . and others, our liegemen, have, in the first place, granted to God, and by this our present Charter confirmed, for us and our heirs for ever: 1. That the Church of England shall be free, and have her whole rights, and her liberties inviolable; 2. We also have granted to all the free men of our kingdom, for us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever: 12. No scutage or aid shall be imposed in our kingdom, unless by the general council of our kingdom; except for ransoming our person, making our eldest son a knight, and once for marrying our eldest daughter; and for these there shall be paid no more than a reasonable aid. In like manner it shall be concerning the aids of the City of London. 13. And the City of London shall have all its ancient liberties and free customs, as well by land as by water: furthermore, we will and grant that all other cities and boroughs, and towns and ports, shall have all their liberties and free customs. 14. And for holding the general council of the kingdom concerning the assessment of aids, except in the three cases aforesaid, and for the assessing of scutages, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons of the realm, singly by our letters. And furthermore, we shall cause to be summoned generally, by our sheriffs and bailiffs, all others who hold of us in chief, for a certain day, that is to say, forty days before their meeting at least, and to a certain place; and in all letters of such summons we will declare the cause of such summons. And summons being thus made, the business shall proceed on the day appointed, according to the advice of such as shall be present, although all that were summoned come not. 17. Common pleas shall not follow our court, but shall be holden in some place certain. 18. Trials upon the Writs of Novel Disseisin,1 and of Mort d'ancestor, and of Darrein Presentment, shall not be taken but in their proper counties, and after this manner: We, or if we should be out of the realm, our chief justiciary, will send two justiciaries through every county four times a year, who, with four knights of each county, chosen by the county, shall hold the said assizes in the county, on the day, and at the place appointed. 19. And if any matters cannot be determined on the day appointed for holding the assizes in each county, so many of the knights and freeholders as have been at the assizes aforesaid shall stay to decide them as is necessary, according as there is more or less business. 20. A freeman shall not be amerced for a small offence, but only according to the degree of the offence; and for a great crime 1 Dispossession. 2 Death of the ancestor; that is, in cases of disputed succession to land. 3 Last presentation to a benefice. 4 The word Assize here means an assembly of knights or other substantial persons, held at a certain time and place where they sit with the Justice. "Assisa" or "Assize" is also taken for the court, place, or time at which the writs of Assize are taken. |