Magna Carta Libertatum (1215)
Die Magna Carta wurde am
15. Juni 1215 mit dem hier wiedergegebenen Inhalt von König Johann
in Runnymede unterzeichnet und in den folgenden Jahrhunderten vielfach
neu verabschiedet, jeweils mit Änderungen. Die Artikelzählung
kommt im Original nicht vor und steht deshalb hier in eckigen Kommentarklammern.
Zu einigen Auszügen gibt es zudem eine Unterrichtsfassung mit deutscher Übersetzung. |
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:
[Article 1 English
Church]
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.
[Article 2 Liberties
of Free Men and Their Heirs]
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:
[Article 3 Inheritance
on Relief]
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 pounds for the
entire earl's barony, the heir or heirs of a knight 100 schillings 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.
[Article 4 Inheritance
Without Relief]
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.
[Article 5 Revenues
for Guardianship of Land]
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.
[Article 6 Maintenance
During Guardianship]
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.
[Article 7 Heirlom
by Marriage]
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 heir's next-of-kin.
[Article 8 Widow's
Inheritance]
At her husband's 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 husband's house for forty days after his death, and
within this period her dower shall be assigned to her.
[Article 9 Widow's
Freedom from Marriage]
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.
[Article 10 Limits
on Seizure of Land]
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 debtor's 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 debtor's 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.
[Article 11 Borrowing
from Jews]
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.
[Article 12 "Taxes"]
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 only a reasonable aid may be levied.
Aids from the city of London are to be treated similarly.
[Article 13 Liberties
in the City of London]
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.
[Article 14 Consent
of curia regis Concerning "Taxes"]
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.
[Article 15 Enumeration
of "Extraordinary Taxes"]
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.
[Article 16 Limits
on Services]
No man shall be forced to
perform more service for a knight's fee, or other free holding of land,
than is due from it.
[Article 17 Local Courts]
Ordinary lawsuits shall
not follow the royal court around, but shall be held in a fixed place.
[Article 18]
Inquests of novel disseisin,
mort
d'ancestor, 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.
[Article 19]
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.
[Article 20]
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.
[Article 21]
Earls and barons shall be
fined only by their equals, and in proportion to the gravity of their offence.
[Article 22]
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.
[Article 23]
No town or person shall
be forced to build bridges over rivers except those with an ancient obligation
to do so.
[Article 24]
No sheriff, constable, coroners,
or other royal officials are to hold lawsuits that should be held by the
royal justices.
[Article 25]
Every county, hundred, wapentake,
and tithing shall remain at its ancient rent, without increase, except
the royal demesne manors.
[Article 26]
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 moveable 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 moveable goods shall be regarded as the property
of the dead man, except the reasonable shares of his wife and children.
[Article 27]
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.
[Article 28]
No constable or other royal
official shall take corn or other movab]e goods from any man without immediate
payment, unless the seller voluntarily offers postponement of this.
[Article 29]
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 service.
[Article 30]
No sheriff, royal official,
or other person shall take horses or carts for transport from any free
man, without his consent.
[Article 31]
Neither we nor any royal
official will take wood for our castle, or for any other purpose, without
the consent of the owner.
[Article 32]
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.
[Article 33]
All fish-weirs shall be
removed from the Thames, the Medway, and throughout the whole of England,
except on the sea coast.
[Article 34]
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
lord's court.
[Article 35]
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.
[Article 36]
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 be refused.
[Article 37]
If a man holds land of the
Crown by fee-farm, socage, or burgage, and also holds land of someone else
for knight's service, we will not have guardianship of his heir, nor of
the land that belongs to the other person's fee, by virtue of the fee-farm,
socage, or burgage, unless the fee-farm owes knight's service. We will
not have the guardianship of a man's 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.
[Article 38]
In future no official shall
place a man on trial upon his own unsupported statement, without producing
credible witnesses to the truth of it.
[Article 39]
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.
[Article 40]
To no one will we sell,
to no one deny or delay right or justice.
[Article 41]
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.
[Article 42]
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.
[Article 43]
If a man holds lands of
any escheat such as the honor 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 baron's hand. We will hold the escheat
in the same manner as the baron held it.
[Article 44]
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.
[Article 45]
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.
[Article 46]
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.
[Article 47]
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.
[Article 48]
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.
[Article 49]
We will at once return all
hostages and charters delivered up to us by Englishmen as security for
peace or for loyal service.
[Article 50]
We will remove completely
from their offices the kinsmen of Gerard de Athee, and in future they shall
hold no offices in England. The people in question are Engelard de Cigogne,
Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, Geoffrey de Martigny
and his brothers, Philip Marc and his brothers, with Geoffrey his nephew,
and all their followers.
[Article 51]
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.
[Article 52]
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 (Article
61). 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.
[Article 53]
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 afforested by our father Henry
or our brother Richard; with the guardianship of lands in another person's
fee, when we have hitherto had this by virtue of a fee held of us for knight's
service by a third party; and with abbeys founded in another person's 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.
[Article 54]
No one shall be arrested
or imprisoned on the appeal of a woman for the death of any person except
her husband.
[Article 55]
All fines that have been
given to us unjustly 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 (Article 61) 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.
[Article 56]
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.
[Article 57]
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.
[Article 58]
We will at once return the
son of Llywelyn, all Welsh hostages, and the charters delivered to us as
security for the peace.
[Article 59]
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.
[Article 60]
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.
[Article 61]
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, forever,
we give and grant to the barons the following security:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
[Article 62]
(1) 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 in the sixteenth year of our
reign and the restoration of peace.
(2) 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.
[Article 63]
(1) 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.
(2) 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.
(3) 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.
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