Placeholder Image

字幕表 動画を再生する

  • 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:

  • (1) 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:

  • (2) 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'

  • (3) 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.

  • (4) 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.

  • (5) 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.

  • (6) 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.

  • (7) 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.

  • (8) 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.

  • (9) 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.

  • (10) 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.

  • (11) 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.

  • (12) 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.

  • (13) 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.

  • (14) 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.

  • (15) 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.

  • (16) 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.

  • (17) Ordinary lawsuits shall not follow the royal court around, but

  • shall be held in a fixed place.

  • (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.

  • (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.

  • (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.

  • (21) Earls and barons shall be fined only by their equals, and in

  • proportion to the gravity of their offence.

  • (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.

  • (23) No town or person shall be forced to build bridges over rivers

  • except those with an ancient obligation to do so.

  • (24) No sheriff, constable, coroners, or other royal officials are to

  • hold lawsuits that should be held by the royal justices.

  • (25) Every county, hundred, wapentake, and tithing shall remain at

  • its ancient rent, without increase, except the royal demesne manors.

  • (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

  • 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.

  • (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