14. VIDUSLAIKU TEKSTI
1.Teksts: FEUDAL SYSTEM
A source book of mediæval history : documents illustrative of European life and institutions from the German invasion to the renaissance by Ogg, Frederic Austin, 1878-1951. Pieejams: https://archive.org/stream/sourcebookofmedi00oggfrich#page/216/mode/2up
(1)Vassalage
For the personal element in feudalism it is possible to find two prototypes, one Roman and the other German. The first was the institution of the later Empire known as the patrocinium—the relation established between a powerful man (patron) and a weak one (client) when the latter pledged himself to perform certain services for the former inreturn for protection. The second was the German comitatus—a band of young warriors who lived with a prince or noble and went on campaigns under his leadership. The patrocinium doubtless survived in Roman Gaul long after the time of the Frankish invasion, but it is not likely that the comitatus ever played much part in that country. It seems that, with the exception of the king, the Frankish men of influence did not have bands of personal followers after the settlement on Roman soil. But, wholly aside from earlier practices, the conditions which the conquest, and the later struggles of the rival kings, brought about made it still necessary for many men who could not protect themselves or their property to seek the favor of some one who was strong enough to give them aid. The name which came to be applied to the act of establishing this personal relation was commendation. The man who promised the protection was the lord, and the man who pledged himself to serve the lord and be faithful to him was the homo, after the eighth century known as the vassal (vassus). In the eighth century, when the power of the Merovingian kings was ebtting away and the people were left to look out for themselves, large numbers entered into the vassal relation; and in the ninth century, when Carolingian power was likewise running low and the Northmen, Hungarians, and Saracens were ravaging the country, scarcely a free man was left who did not secure for himself the protection of a lord. The relation of vassalage was first recognized as legal in the capitularies of Charlemagne. Here is a Frankish formula of commendation dating from the seventh century—practically a blank application in which the names of the prospective lord and vassal could be inserted as required. Source—Eugene de Roziere , Recueil General des Formules usitees dans l’Empire des Francs du Ve an Xe siecle [«General Collection of Formulae employed in the Frankish Empire from the Fifth to the Tenth Century»], Vol. I., p. 69. Translated by Edward P. Cheyney in Univ. of Pa. Translations and Reprints, Vol. IV., No. 3, pp. 3-4. To that magnificent lord , I, . Since it is well known to all how little I have wherewith to feed and clothe myself, I have therefore petitioned your piety, and your good will has decreed to me, that I should hand myself over, or commend myself, to your guardianship, which I have thereupon done; that is to say, in this way, that you should aid and succor me, as well with food as with clothing, according as» I shall be able to serve you and deserve it. And so long as I shall live I ought to provide service and honor to you, compatible with my free condition1; and I shall not, during the time of my life, have the right to withdraw from your control or guardianship; but must remain during the days of my life under your power or defense. Wherefore it is proper that if either of us shall wish to withdraw himself from these agreements, he shall pay shillings to the other party, and this agreement shall remain unbroken.2 (Wherefore it is fitting that they should make or confirm between themselves two letters drawn up in the same form on this matter; which they have thus done.)
1 A man was not supposed in any way to sacrifice his freedom by becoming a vassal and the lord’s right to his service would be fo/feited if this principle were violated.
2 The relation of lord and vassal was, at this early time, limited to the lifetime of the two parties. When one died, the other was liberated from his contract. But in the ninth and tenth centuries vassalage became generally hereditary.
(2) The Benefice
The benefice, or grant of land to a vassel by a lord, by the Church, or by the king, had its origin among the Franks in what were known as the precaria of the Church. At the time of the Frankish settlement in Gaul, it was quite customary for the Church to grant land to men in answer to preces («prayers,» or requests), on condition that it might be recalled at any time and that the temporary holder should be unable to enforce any claims as against the owner. For the use of such land a small rent in money, in produce, or in service was usually paid. This form of tenure among the Franks was at first restricted to church lands, but by the eighth century lay owners, even the king himself, had come to employ it. The term precarium dropped out of use and all such grants, by whomsoever made, came to be known as benefices («benefits, or «favors»). The ordinary vassal might or might not once have had land in his own name, but if he had such he was expected to give over the ownership of it to his lord and receive it back as a benefice to be used on certain prescribed conditions. In time it became common, too, for lords to grant benefices out of their own lands to landless vassals. A man could be a vassal without having a benefice, but rarely, at least after the eighth century, could he have a benefice without entering into the obligations of vassalage. Benefices were at first granted by the Church with the understanding that they might be recalled at any time; later they were granted by Church, kings, and seigniors for life, or for a certain term of years; and finally, in the ninth and tenth centuries, they came generally to be regarded as hereditary. By the time the hereditary principle had been established, the name «fief» (feodum, feudum—whence our word feudal) had supplanted the older term «benefice.» The tendency of the personal element of vassalage and the territorial element of the benefice, or fief, to merge was very strong, and by the tenth century nearly every vassal was also a fief-holder. The following formulae belong to the seventh century. The first (a) is for the grant of lands to a church or monastery; the second (b) for their return to the grantor as a precarium—or what was known a century later as a benefice. Source—Eug&ne de Roziere, Recueil General des Formules, Vol. I., p. 473. Translated by E. P. Cheyney in Univ. of Pa. Translations and Reprints, Vol. IV., No. 3, pp. 6-8. (a) I, in the name of God. I have settled in my mind that I ought, for the good of my soul, to make a gift of something from my possessions, which I have therefore done. And this is what I hand over, in the district named , in the place of which the name is , all those possessions of mine which there my father left me at his death, and which, as against my brothers, or as against my co-heirs, the lot legitimately brought me in the division,1 or those which I was able afterward to add to them in any way, in their whole completeness, that is to say, the courtyard with its buildings, with slaves, houses, (cultivated and uncultivated), meadows, ed°to V^church wo°ds, waters, mills, etc. These, as I have said or monastery before, with all the things adjacent or belonging to them, I hand over to the church, which was built in honor of Saint , to the monastery which is called , where the Abbot is acknowledged to rule regularly over God’s flock. On these conditions: that so long as life remains in my body, I shall receive from you as a benefice for of usufruct the possessions above described, and the due payment I will make to you and your successors each year, that is [amount named]. And my son shall have the same possessions for the days of his life, and shall make the above-named payment; and if my children should survive me, they shall have the same possessions during the days of their lives and shall make the same payment; and if God shall give me a son from a legitimate wife, he shall have the same possessions for the days of his life only, after the death of whom the same possessions, with all their improvements, shall return to your hands to be held forever; and if it should be my chance to beget sons from a legitimate marriage, these shall hold the same possessions after my death, making the above-named payment, during the time of their lives. If not, however, after my death, without subterfuge of any kind, by right of your authority, the same possessions shall revert to you, to be retained forever. If any one, however (which I do not believe will ever occur)—if I myself, or any other person—shall wish to violate the firmness and validity of this grant, the order of truth opposing him, may his falsity in no degree succeed; and for for his bold attempt may he pay to the aforesaid monastery double the amount which his ill-ordered cupidity has been prevented from abstracting; and moreover let him be indebted to the royal authority for solidi of gold; and, nevertheless, let the present charter remain inviolate with all that it contains, with the witnesses placed below. Done in , publicly, those who are noted below being present, or the remaining innumerable multitude of people.
1 Casting lots for the property of a deceased father was not uncommon among the Franks. All sons shared in the inheritance, but particular parts of the property were often assigned by lot.
(3) The Immunity
The most important element in the governmental phase of feudalism was what was known as the immunity. In Roman law immunity meant exemption from taxes and public services and belonged especially to the lands owned personally by the emperors. Such exemptions were, however, sometimes allowed to the lands of imperial officers and of men in certain professions, and in later times to the lands held by the Church. How closely this Roman immunity was connected with the feudal immunity of the Middle Ages is not clear. Doubtless the institution survived in Gaul, especially on church lands, long after the Frankish conquest. It is best, however, to look upon the typical Frankish immunity as of essentially independent origin. From the time of Clovis, the kings were accustomed to make grants of the sort to land-holding abbots and bishops, and by the time of Charlemagne nearly all such prelates had been thus favored. But such grants were not confined to ecclesiastics. Even in the seventh and eighth centuries lay holders of royal benefices often received the privileges of the immunity also. Speaking generally, the immunity exempted the lands to which it applied from the jurisdiction of the local royal officials, especially of the counts. The lands were supposed to be none the less ultimately subject to the royal authority, but by the grant of immunity the sovereign took their financial and judicial administration from the counts, who would ordinarily have charge, and gave it to the holders of the lands. The counts were forbidden to enter the specified territories to collect taxes or fines, hold courts, and sometimes even to arrange for military service. The layman, or the bishop, or the abbot, who held the lands performed these services and was responsible only to the crown for them. The king’s chief object in granting the immunity was to reward or win the support of the grantees and to curtail the authority of his local representatives, who in many cases threatened to become too powerful for the good of the state; but by every such grant the sovereign really lost some of his own power, and this practice came to be in no small measure responsible for the weakness of monarchy in feudal times. The first of the extracts below (a) is a seventh-century formula for the grant of an immunity by the king to a bishop. The second (b) is a grant made by Charlemagne, in 884, confirming an old immunity enjoyed by the monastery at Chalons-sur-Sa6ne. Sources—(a) Tex.t in Monumenta Germanice Historica, Legum Sectio V., Formula, Part L, pp. 43-44. (b) Text in Monumenta Germanice Historica, Leges (Pertz ed.), Vol. II., p. 287. Adapted from translation in Ephraim Emerton, Introduction to the Study of the Middle Ages (new ed. Boston, 1903), p. 246. (a) We believe that we give our royal authority its full splendor if, with benevolent intentions, we bestow upon churches—or upon any persons—the favors which they merit, and if, with the aid of God, we give a written assurance of the continuance of these favors. We wish, then, to make known that at the request of a prelate, lord of [the estate named] and bishop of [the church named], we have accorded to him, for the sake of our eternal salvation, the following benefits: that in the domains of the bishop’s church, both those which it possesses today and those which by God’s grace it may later acquire, no public official shall be permitted enter, either to hold courts or to exact fines, on any account; but let these prerogatives be vested in full in the bishop and his successors. We ordain therefore that neither you nor your subordinates, 1 nor those who come after you, nor any person endowed with a public office, shall ever enter the domains of that church, in whatever part of our kingdom they may be situated, either to hold trials or to collect fines. All the taxes and other revenues which the royal treasury has a right to demand from the people on the lands of the said church, whether they be freemen or slaves, Romans or barbarians, we now bestow on the said church for our future salvation, to be used by the officials of the church forever for the best interests of the church.
1 The grant of immunity was thus brought to the attention of the count in whose jurisdiction the exempted lands lay.
(b) Charles, by the grace of God King of the Franks and Lombards and Patrician of the Romans, to all having charge of our affairs, both present and to come: By the help of the Lord, who has raised us to the throne of this kingdom, it is the chief duty of our clemency to lend a gracious ear to the need of all, and especially ought we devoutly to regard that which we are persuaded has been granted by preceding kings to church foundations for the saving of souls, and not to deny fitting benefits, in order that we may deserve to be partakers of the reward, but to confirm them in still greater security. Now the illustrious Hubert, bishop and ruler of the church of St. Marcellus, which lies below the citadel of Chalons, 2 where the precious martyr of the Lord himself rests in the body, has brought it to the attention of our Highness that the kings who preceded us, or lord and fatner of blessed memory, Pepin, the preceding king, had by their charters granted complete immunities to that monastery, so that in the towns or on the lands belonging to it no public judge, nor any one with power of hearing cases or exacting fines, or raising sureties, or obtaining lodging or entertainment, or making requisitions of any kind, should enter. Moreover, the aforesaid bishop, Hubert, has presented the original charters of former kings, together with the confirmations of them, to be read by us, and declares the same favors to be preserved to the present day; but desiring the confirmation of our clemency, he prays that our authority may confirm this grant anew to the monastery. Wherefore, having inspected the said charters of former kings, we command that neither you, nor your subordinates, nor your successors, nor any person having judicial powers, shall presume to enter into the villages which may at the present time be in possession of that monastery, or which hereafter may have been bestowed by God-fearing men [or may be about to be so bestowed]. 3 Let no public officer enter for the hearing of cases, or for exacting fines, or procuring sureties, or obtaining lodging or entertainment, or making any requisitions; but in full immunity, even as the favor of former kings has been continued down to the present day, so in the future also shall it, through our authority, remain undiminished. And if in times past, through any negligence of abbots, or lukewarmness of rulers, or the presumption of public officers, anything has been changed or taken away, removed or withdrawn, from these immunities, let it, by our authority and favor, be restored. And, further, let neither you nor your subordinates presume to infringe upon or violate what we have granted.
2 Chalons-sur-Saone was about eighty miles north of the junction of the Saone with the Rhone. It should not be confused with Chalons-sur-Marne where the battle was fought with Attila’s Huns in 451.
3There is some doubt at this point as to the correct translation. That given seems best warranted.
(4) The Granting of Fiefs
The most obvious feature of feudalism was a peculiar divided tenure of land under which the title was vested in one person and the use in another. The territorial unit was the fief, which in extent might be but a few acres, a whole county, or even a vast region like Normandy or Burgundy. Fiefs were granted to vassals by contracts which bound both grantor and grantee to certain specific obligations. The two extracts below are examples of the records of such feudal grants, bearing the dates 1167 and 1200 respectively. It should be remembered, however, that fiefs need not necessarily be land. Offices, payments of money, rights to collect tolls, and many other valuable things might be given by one man to another as fiefs in just the same way that land was given. Du Cange, in his Glossarium Mediae et Infimce Latinitatis, mentions eighty-eight different kinds of fiefs, and it has been said that this does not represent more than one-fourth of the total number. Nevertheless, the typical fief consisted of land. The term might therefore be defined in general as the land for which the vassal, or hereditary possessor, rendered to the lord, or hereditary proprietor, services of a special character which were considered honorable, such as military aid and attendance at courts. Sources: Maximilien Quantin, Recueil de Pieces du XIIIe Siecle [«Collection of Documents of the Thirteenth Century»], Auxerre, 1873, No. 2, pp. 1-2. Translated by Cheyney, ibid. I, Thiebault, count palatine of Troyes, 1 make known to those present and to come that I have given in fee 2 to Jocelyn d’Avalon and his heirs the manor which is called Gillencourt, 3 which is of the castellanerie 4 of La Ferte-sur-Aube; and whatever the same Jocelyn shall be able to acquire in the same manor I have granted to him and his heirs in enlargement of that fief. I have granted, moreover, to him that in no free manor of mine will I retain men who are of this gift.5 The same Jocelyn, moreover, on account of this has become my liege man, saving, however, his allegiance to Gerad d’Arcy, and to the lord duke of Burgundy, and to Peter, count of Auxerre.6 Done at Chouaude, by my own witness, in the year of the Incarnation of our Lord 1200, in the month of January. Given by the hand of Walter, my chancellor.
1 The county of Troyes centered about the city of that name on the upper Seine. It was eventually absorbed by Champagne.
2 As a fief.
3 A manor, in the general sense, was a feudal estate.
4 A castellanerie was a feudal holding centering about a castle.
5 That is, Count Thiebault promises Joeelyn not to deprive him of the services of men who rightfully belong on the manor which is being granted.
6 Here is an illustration of the complexity of the feudal system. Count Thiebault is Jocelyn’s fourth lord, and loyalty and service are owed to all of the four at the same time. Accordingly, Thiebault must be content with only such allegiance of his new vassal as will not involve a breach of the contracts which Jocelyn has already entered into with his other lords. For example, Thiebault could not expect Jocelyn to aid him in war against the duke of Burgundy, for Jocelyn is pledged to fidelity to that duke. In general, when a man had only one lord he owed him full and unconditional allegiance (liege homage), but when he became vassal to other lords he could promise them allegiance only bo far as would not conflict with contracts already entered into. It was by no means unusual for a man to have several lords, and it often happened that A was B’s vassal for a certain piece of land while at the same time B was A’s vassal for another piece. Not infrequently the king himself was thus a vassal of one or more of his own vassals.
2.Teksts: Pope Gregory II — Appeal to Charles Martel, 739
For some time after the collapse of the Roman Empire in the West, the papacy remained within the Byzantine political sphere. Two developments changed this. The first was the long Iconclastic controversy in the East, in which the popes sided with the iconodules. The other was the inability of the Byzantines to protect the popes. As a result, the popes tunred increasingly in the 8th century towards the Franks and made a series of alliances, in particular, with the Carolingian majors of the palace. Here is a letter of 739 in which Pope Gregory III (731 — 741) appeals to the Frankish ruler Charles Martel for help against the Lombards in Italy.
Pope Gregory to His Most Excellent Son, Karl, Sub-King
In our great affliction we have thought it necessary to write to you a second time, believing that you are a loving son of St. Peter, the prince of apostles, and of ourselves, and that out of reverence for him you would obey our commands to defend the church of God and his chosen people. We can now no longer endure the persecution of the Lombards, for they have taken from St. Peter all his possessions, even those which were given him by you and your fathers. These Lombards hate and oppress us because we sought protection from you; for the same reason also the church of St. Peter is despoiled and desolated by them. But we have intrusted a more complete account of all our woes to your faithful subject, our present messenger, and he will relate them to you. You, oh son, will receive favor from the same prince of apostles here and in the future life in the presence of God, according as you render speedy aid to his church and to us, that all peoples may recognize the faith and love and singleness of purpose which you display in defending St. Peter and us and his chosen people. For by doing this you will attain lasting fame on earth and eternal life in heaven.
3.Teksts: Annals of Lorsch:
The pope makes the Carolingians kings
In 749 the pope consolidated the alliance with the Carolingian family by allowing the transfer of the royal title from the powerless Merovingian title holder to the Pepin, the mayor of the palace and actua; holder of power in France. The events are described in the the contemporary Annals of Lorsch.
Anno 749. Burchard, bishop of Wilrzburg, and Fulrad, priest and chaplain, were sent [by Pipin] to pope Zacharias to ask his advice in regard to the kings who were then ruling in France, who had the title of king but no real royal authority. The pope replied by these ambassadors that it would be better that he who actually had the power should be called king.
750 [751]. In this year Pipin was named king of the Franks with the sanction of the pope, and in the city of Soissons he was anointed with the holy oil by the hands of Bonifacc, archbishop and martyr of blessed memory, and was raised to the throne after the custom of the Franks. But Childerich, who had the name of king, was shorn of his locks and sent into a monastery.
753..In this year pope Stephen came to Pipin at Kiersy, to urge him to defend the Roman church from the attacks of the Lombards. 754. And after pope Stephen had received a promise from king Pipin that he would defend the Roman church, he anointed the king and his two sons, Karl and Karlmann, with the holy oil. And the pope remained that winter in France.
4.Teksts: Agreement between Count William V of Aquitaine and Hugh IV of Lusignan
The following is a collective translation made in London in July 1988, by a group including myself under the leadership of Susan Reynolds, with some minor further amendments. The latin text was edited by Jane Martindale (another of the translating group on this occasion) in English Historical Review 84 (1969), 541-8; a small number (9) of new readings were introduced here from her microfilm of the MS, BN Lat. 5927. In the interests of making readable sense of a difficult text, which ought perhaps to have been written in the vernacular, Occitan?, we sometimes changed the edition’s punctuation and took other liberties, such as translating the same latin word in different ways where we thought this made better sense.
The count of the Aquitanians called William had an agreement with Hugh the Chiliarch that when the end should come for viscount Boso the count would give Boso’s honor to Hugh in commendation Bishop Roho saw and heard and kissed the count’s arm. Savaric the viscount took away from Hugh the land which Hugh held from Count William and on the viscount’s death the count promised Hugh that he would enact no agreement or settlement with Savaric’s brother Ralph until the land was released He said this in the presence of everyone, but in secret afterwards he gave the land to Ralph Hugh made an agreement with Ralph the viscount to marry Ralph’s daughter in consideration of that estate or a greater estate or something else When the count heard this he was very angry and hastened to Hugh in humility and said to him: Don’t marry Ralph’s daughter. I’ll give you whatever you ask me, and you’ll be my friend before everyone else except my son. Hugh did what the count ordered and, out of love of the count and fidelity to him, he privately cast the woman off.
At that time it happened that Joscelin of the fortress of Parthenay met his end, and the count said that he would hand over Joscelin’s honour and widow to Hugh; if Hugh refused to take them, the count would put no trust in him. Hugh did not make any suggestion or request to the count about this either for himself or for anyone else. So, after due consideration, he said to the count: «I shall do all that you command me.» The count, while holding a court assembly with count Fulk, promised to give Fulk benefices from his own property. Fulk promised that he would give Hugh what belonged to him. The count sent for Viscount Ralph and said to him about this agreement: «Hugh won’t keep the agreement which he has with you because I forbid it. But Fulk and I have an agreement to give him Joscelin’s honour and wife. We shall act to your undoing because you are not faithful to me.» When he heard this Ralph was very distressed and said to the count: «For God’s sake don’t do this.» And the count said «Give me guarantees that you won’t give him your daughter and won’t keep your agreement with him, and in return I’ll make sure for you that he won’t get Joscelin’s honour or wife.» And so they acted so that Hugh got neither one nor the other. Ralph went to count William, who was in the fortress at Montreuil, and sent word to Hugh that they ought to talk things over. This happened, and Ralph said to Hugh: «I am telling you this in confidence that you will not give me away. Give me a guarantee that you will help me against count William. I’m keeping my agreement with you and I shall help you against all men.» Hugh refused all this for love of count William. Hugh and Ralph parted in sorrow. Ralph began to prosecute an open dispute with count William while Hugh, for love of the count, began one with Ralph. Hugh suffered heavy loss.
When Ralph died Hugh asked the count to give up to him the land which Ralph had taken away from him But the count said to Hugh: «I shan’t make a settlement with Geoffrey the viscount, Ralph’s nephew, or with the men of Thouars fortress until I hand over your land to you.» None of this happened, but the count went off and made a settlement with viscount Geoffrey and with the men of Thouars, and made no settlement at all with Hugh and Hugh did not get his land And for the misdeeds which Hugh did on the count’s behalf, Geoffrey took up the quarrel with Hugh and burned the fortress Mouzeil, captured Hugh’s horsemen and cut off their hands, and did enough other things too. The count in no way helped Hugh or made a good settlement between them, but Hugh is now still without his land and has lost the other land which he had held in peace on the count’s behalf. And as Hugh saw that he was not going to have the land he captured forty-three of the best horsemen of Thouars. He ought to have been able to have peace and have his lands secure and justice for the offence and if he had been willing to accept a ransom he could have had 40,000 s.
But when the count heard this and should have been delighted, he was upset and sent for Hugh and said to him:»Hand over the men to me.» Hugh replied: «Why do you ask that of me, my lord?» All my losses arise from my fidelity to you.» The count said: «I am not asking them from you because of your wrongdoing, but because you are mine to do my will. And I shall therefore take the men on these terms: either I shall make a settlement with your lands secured and the wrongdoing compensated, or I shall have the men surrendered to you. Act without doubt in my trust and faith, and if any harm come to you, you can know that I shall make it up to you.» Hugh put his trust in God and in the count and surrendered the men to the count by this agreement. Afterwards Hugh got neither the men nor justice and he lost his land.
The count of the Poitevins and bishop Gilbert jointly came to an agreement with Hugh’s uncle Joscelin. It concerned the fortress called Vivonne, and said that after the death of bishop Gilbert the fortress was to be Joscelin’s. And in the bishop’s lifetime the bishop caused the men of the fortress to be commended to Joscelin, and he handed over the tower to Joscelin. And after they both died the count made an agreement between bishop Ysembert and Hugh that Hugh would get half of the fortress and half the domain and two-thirds of the vassals’ fees So the count had Hugh commended to Bishop Ysembert, but now he has taken the better estate from them.
A certain official named Aimery took a fortress called Civray from Bernard his lord and this fortress was Hugh’s right as it had been his father’s. Count William, because of his anger against Aimery, required Hugh to become Bernard’s man for the part of the fortress which had been his father’s so that they could both prosecute the quarrel with Aimery together. But it seemed wrong to Hugh that he should be Bernard’s man and he was unwilling to do it. The count persisted in this demand for a year and the more angry he became, the more he insisted that Hugh become Bernard’s man. A year later the count came to Hugh as if in anger and said to him: «Why won’t you make an agreement with Bernard? You are so dependent on me that if I had told you to make a peasant your lord, you ought to have done it. Do what I say, and if harm comes to you, turn to me.» Hugh believed him, and became Bernard’s man for a quarter of the aforesaid fortress. But Bernard made the count a guarantor to Hugh along with four hostages. The count said to Hugh: «Commend those hostages to me on this condition that if Bernard does not faithfully observe your arrangements, I shall surrender them to you, and by my faith I shall come to your aid.» Thus the count solemnly promised Hugh no more than suited himself. Hugh put his trust in his lord, and began a fierce dispute about the fortress and suffered heavy loss both of his men and much other property. And the count began to build a fortress called Couhé, but did not finish it for Hugh, but negotiated with Aimery and abandoned the fortress and did nothing to help Hugh.
Afterwards the count became much more annoyed with Aimery about the fortress called Chizé, which Aimery had seized, and the count and Hugh stood together in the dispute with Aimery. The count besieged the fortress called Malval because of the offence which Aimery had committed against him and took it, and Hugh helped him to the best of his ability. Before Hugh left the count, the count promised him, as a lord should promise to be fair to his man, that he would not make any settlement or alliance with Aimery without Hugh, and would not have Malval finished without consulting Hugh. And the count made a settlement with Aimery and allowed him to build Malval without consulting Hugh. As long as Aimery lived none of the aforesaid property came to Hugh.
After Aimery’s death a great dispute arose between Aimery’s son Aimery and Hugh. At that time Hugh came to the count and said to him: «Things are going badly for me now, my lord, because I have none of the property which you have caused me to acquire.» The count replied to him: «I shall hold a court assembly with them so that if they do as they ought, well and good, otherwise I shall make over to you the fortress which I have begun.» And the fortress was built by the advice of Bernard who up till now had helped Hugh in the dispute. But when the men of Civray saw the heavy demands Hugh made on them, and found them unbearable, they made a settlement with Bernard and handed over the fortress to him. He took it without consulting Hugh. Both Bernard and Aimery were against Hugh in the dispute and he was alone against them. Hugh came to the count and said to him: «My lord, things are very bad with me because the lord whom I have got by your advice has now taken away my property. I beseech and urge you by the faith which a lord owes to his man to aid him: let me have either a proper hearing, or my property as you have pledged me, or return me the hostages which I commended to you: and furthermore help me as you have pledged.» But the count did not help at all, nor did he make a settlement with Hugh, nor did he return his hostages, but released them to Bernard. And after that the dispute between Bernard and Aimery and Hugh intensified.
And as Hugh saw that the count was giving him absolutely no aid he went to seek advice from bishop Gerald of Limoges. Gerald and Hugh went off together into the March against Bernard and built a fortress. But the count, who ought to have been helping Hugh, instead seized the fortress from him and set fire to it. He and his son ordered that none of their men were to help Hugh on pain of death. Bernard took counsel with his own men how to do wrong to Hugh. By advice of the count they also accepted a date a fortnight off. During that fortnight the count insisted on a truce between Hugh and Bernard. Three days into the truce the count took Hugh with him in his army to the fortress of Apremont where there was further pleading about the fortress. From there the count travelled to Blaye to hold the court assembly he was due to hold there with count Sancho, and he told Hugh to go with him. Hugh answered «My lord, why do you summon me to go with you? You know how short my truce with Bernard is, and he is already threatening to do me harm.» The count said to him: «Don’t be afraid about anyone doing anything to you so long as you are with me.» He took Hugh on with him by force and against Hugh’s will.
And while they were still at the assembly Hugh’s men heard that Bernard was attacking him and they sent word to Hugh to come Hugh said to count: «Bernard is attacking me.» And the count said: «Don’t be afraid of him or anyone else attacking you. What is more, should they attack, I will come to your assistance and scatter them.» In that very hour the count sent orders by his men and sent Hugh on ahead and followed after him. When Hugh came to Lusignan, Bernard was at the fortress of Confolens and had taken the burgum and barrium and set fire to everything, after taking plunder and prisoners and doing plenty of other bad things. A messenger rushed to Hugh and said to him: «Bernard has got your wife besieged in the old fortress, which hasn’t been burnt yet.» Hugh came to the count and said to him: «Now help me, my lord, because now my wife is being besieged.» The count gave him neither help nor counsel. And by the time Bernard withdrew he and his men had done such evil to Hugh and his men that 50,000 s. cannot cover it. And Hugh suffered this loss within the truce which the count had arranged for him at Blaye.
Not long afterwards, Hugh went to the fortress at Gencay and burned it down and captured men and women and carried off everything. Coming to the count he said to him: «My lord, give me permission to rebuild the fortress which I have burnt.» And the count said to him: «You are Fulk’s man. How can you build the fortress? He will demand it from you and you will be incapable of withholding it from him.» Hugh said: «My lord, when I was Fulk’s man I told him that his men had seized from me what was my right and if I were capable of taking it back from them, I would do so: but I would hold just as much to my fidelity to him, which is what I wish to do.» And Fulk said to me: «Whatever you take from them, don’t take it from me.» When the count heard what kind of agreement Fulk and Hugh had made, he was pleased. And the count said to Hugh: «Build the fortress on those terms, and if I can manage to redeem it from count Fulk with my money and yours, it will be part mine and part yours.»
And Hugh built the fortress. Fulk demanded it from the count. The count answered him: «Put your demand to Hugh.» And Fulk did so. Hugh answered him: «When I was your man, I told you that I could capture fortresses from my enemies, I would take them and hold them in fidelity to you, which is what I want to do, because the fortress which you are demanding from me belonged to my kinsmen and I have better right to it than those who were holding it.» And Fulk said: «How can you who are my man hold what I have not given you against my will.» And Hugh asked the count’s advice. The count said to him: «If he is willing to give you guarantees that your enemies will not have the fortress, you really can’t keep it. But otherwise keep it, because he won’t have a case against you.» So Hugh asked Fulk to give him hostages. He gave him none, but said: «I’ll put my demand to the count and give hostages to him and he will give you hostages from his men.» And the negotiation was turned to anger. Fulk demanded Hugh’s fortress from the count. «I won’t give it up now» said Hugh, «without guarantees. The count said to him: «I’ll give a guarantee and he has told me what to give.» Hugh said «Take what you like from count Fulk and give me what I demand. Give me the custodian of the tower of Melle, so that if Aimery should get the fortress without my counsel, and harm should befall me, that man will surrender the tower to me.» The count said to him «I shan’t do that because I can’t.» Hugh said «If you won’t do that deal with Chizé on the terms aforesaid.» But the count would do neither the one nor the other.
It seemed to Hugh and his men that the count was treating him badly, and they parted in anger Hugh put all necessary supplies into the fortress and prepared to hold it against everyone if they would not give him guarantees. The count left the city and asked Hugh to come to him, and ordered him to enter the service of William count of Angoulême on the ground that he (the count of the Aquitainians) could not alter the fact that he had help Fulk and he feared to lose either Hugh or Fulk Hugh put himself in confidence and friendship with the count his lord, and would have done it for love of him, because he had security from Fulk that he would not come to harm. And the count said «Let Hugh do this for me and I shall bear him that faith which a lord ought to bear to his man. And if harm does come to him he should know that I will have betrayed him and then he need believe in me no more.» And Hugh said «My lord has said the same about a lot of things and has deceived me.» And Hugh had not one man who advised him then to out confidence in count. But the count reminded Hugh of all the good things that he had done for him: and Hugh, constraining the count by his love and entreaties, that is by his oath, said to him: «I am putting all my trust in you, but watch out that you do not do me wrong, because if you do I shall no longer be faithful to you nor shall I serve you and keep faith with you. But since I am to be separated from you, and you are not able to give me guarantees, I want you to give me my fee as a pledge that then I need no longer serve you: and release me from the oaths which I have made to you.» The count said: «Willingly.»
Hugh surrendered the fortress to the count against the wishes of his men on such terms that Aimery was not to have it unless Hugh was consulted and suffered no harm. Hugh received his fee in pledge, after hearing these untrustworthy words, and the count gave it to him on condition that if he was misleading Hugh over the agreement, he would not owe him service for Gencay in future. And he released him from the oaths so that he would no longer do anything for him on their account, but without any illwill. The count did surrender Gencay without consulting Hugh and received money and domain land. Hugh did suffer damages from men killed and houses burned and plunderings and lands being seized and many injuries which in truth he cannot count. After the period was over, the count gave Hugh a day and promised to give him a benefice, either from what was Hugh’s right or from something else acceptable to him. The day came and went and he did nothing for Hugh, but sent word to him: «Don’t expect me to do anything for you. And if all the world were mine I would not give you what I could lift with my finger.»
When Hugh heard this, he went to the count’s court and put his case before him about his right, but it did him no good. Hugh was enraged and broke off faith with the count, saving the count’s city and person, in the hearing of all. Before Hugh or his men had done any damage, the count’s men seized the benefice of Hugh’s men in the name of war. When Hugh saw this, he went to the fortress of Chize which had belonged to his uncle and which Peter was holding unjustly to Hugh’s loss. He captured the tower and threw out Peter’s men. Hugh did this because he thought he had the right, because the tower had been his father’s or some other kinsmen’s and he had lost it. When the count heard about it, he was most enraged and sent orders to Hugh to give him the tower which he had stolen from Peter. Hugh told the count that he should give up to Hugh his father’s honour and the other things which belonged to his kinsmen and to which he had right, and he would surrender to the count the tower and all that he had taken inside it, and all Joscelin’s honour which the count had given him. The count gave this due consideration and they entered negotiations. The count said to Hugh: «I shall not hand over to you the honours you demand of me, but I shall make a gift to you of the honour which belonged to your uncle — the fortress, the tower, and the whole honour — on condition that you will no longer demand the honour which belonged to your father or your other kinsmen, nor anything else you demand as your right.»
When he heard this Hugh was very suspicious of the count, because he had often deceived him maliciously in the past. He said to the count: «I dare not do this, because I fear that you threaten wrong to me as you have done on many other matters.» The count said to Hugh: «I shall give you such guarantees that you will not distrust me in future.» Hugh said to him: «What guarantees?» The count said: «I shall produce a serf to undergo the ordeal for you, so that you cannot doubt but that the settlement we have made between ourselves shall be good and firm. And no further loss shall come to you from all the affairs which have taken place in the past, but the agreement will be firmly maintained without any trickery.» When Hugh heard the count talking this way, he said: «You are my lord; I shall not take a guarantee from you, but put myself only in the mercy of the Lord and in your service» The count said to Hugh: «Give up all the plaints you have brought against me in the past, and swear fidelity to me and to my son, and I shall give you your uncle’s honour or something in exchange of equal value to you.» And Hugh said: «My lord, I pray you by God and by this holy cross which is made in the image of Christ, that, if you and your son in future wish to threaten me, you will not have it done to me in an underhand fashion.» The count said: «I shall do this on my faith, and my son too, without trickery.» Hugh said: «And once I have have sworn fidelity, you may [at some stage] require the fortress of Chizé from me, and if I do not surrender it to you, you may say that it is unjust of me to deny you the fortress which I have from you; and if I hand it over to you, you and your son will take it away from me because you have made me no guarantee except before God and at your mercy.» The count said: «We shall not do that. And if we do demand it from you, don’t give it up to us.»
They received Hugh as their man in faith and trust on the strength of the agreement as it was finally pronounced, that the count and his son would bear faith to Hugh without trickery. And they made Hugh renounce all that he had demanded from them in the past. And he swore fidelity to them and they gave him the honour of Joscelin his uncle as he had held it one year before he died.
THIS IS THE END OF THE AGREEMENTS BETWEEN THE COUNT AND HUGH
Teksts: MAGNA CHARTA LIBERTATUM ( 1215)
http://www.orbilat.com/Languages/Latin/Texts/06_Medieval_period/Legal_Documents/Magna_Carta.html
| Johannes Dei gracia rex Anglie, Dominus Hibernie, dux Normannie, Aquitannie et comes Andegravie, archiepiscopis, episcopis, abbatibus, comitibus, baronibus, justiciariis, forestariis, vicecomitibus, prepositis, ministris et omnibus ballivis et fidelibus suis salutem. Sciatis nos intuitu Dei et pro salute anime nostre et omnium antecessorum et heredum nostrorum ad honorem Dei et exaltacionem sancte Ecclesie, et emendacionem regi nostri, per consilium venerabilium patrum nostrorum, Stephani Cantuariensis archiepsicopi, tocius Anglie primatis et sancte Romane ecclesie cardinalis, Henrici Dublinensis archiepiscopi, Willelmi Londoniensis, Petri Wintoniensis, Joscelini Bathoniensis et Glastoniensis, Hugonis Lincolniensis, Walteri Wygorniensis, Willelmi Coventriensis, et Benedicti Roffensis, episcoporum; magistri Pandulfi domini pape subdiaconi et familiaris, fratris Aymerici magistri milicie Templi in Anglia; et nobilium virorum Willelmi Mariscalli comitis Penbrocie, Willelmi comitis Sarisberie, Willelmi comitis Warennie, Willelmi comitis Arundellie, Alani de Galewey a constabularii Scocie, Warini filii Geroldi, Petri filii Hereberti, Huberti de Burgo senescalli Pictavie, Hugonis de Nevilla, Mathei filii Hereberti, Thome Basset, Alani Basset, Philippi de Albiniaco, Roberti de Roppel, Johannis Mariscalli, Johannis filii Hugonis et aliorum fidelium nostrum. | John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishops, bishops, abbots, earls,barons, justiciars, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greeting. 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 holy church, and for the reform of our realm, 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 Marshall earl of Pembroke, William earl of Salisbury, William earl of Warenne, William earl ofArundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerald, Peter Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip d’Aubigny, Robert of Roppesley, John Marshall, John Fitz Hugh, and others, our liegemen. | ||
| 1. In primis concessisse Deo et hac presenti carta nostra confirmasse, pro nobis et heredibus nostris in perpetuum quod Anglicana ecclesia libera sit, et habeat jura sua integra, et libertates suas illesas; et ita volumus observari; quod apparet ex eo quod libertatem electionum, que maxima et magis necessaria reputatur Ecclesie Anglicane, mera et spontanea voluntate, ante discordiam inter nos et barones nostros motam, concessimus et carta nostra [illa carta data 21ƒ novembris anno Domini 1214; confirmatio papae Innocentii tertii 30ƒ martii anno Domini 1215] confirmavimus, et eam obtinuimus a domino papa Innocentio tercio confirmari; quam et nos observabimus et ab heredibus nostris in perpetuum bona fide volumus observari. Concessimus eciam omnibus liberis hominibus regni nostri, pro nobis et heredibus nostri in perpetuum, omnes libertates subscriptas, habendas et tenendas eis et heredibus suis, de nobis et heredibus nostris. | 1. In the first place we have granted to God, and by this our present charter confirmed for us and our heirs for ever 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 for ever. We have also granted to all freemen of our kingdom, for us and our heirs for ever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs for ever. | ||
| 2. Si quis comitum vel baronum nostrorum, sive aliorum tenencium de nobis in capite per servicium militare, mortuus fuerit, et cum decesserit heres suus plene etatis fuerit et relevium debeat, habeat hereditatem suam per antiquum relevium; scilicet heres vel heredes comitis de baronia comitis integra per centum libras; heres vel heredes baronis de baronia per centum libras (sic); heres vel heredes militis de feodo militis integro per centum solidos ad plus; et qui minus debuerit minus det secundum antiquam consuetudinem feodorum. | 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 of full age and owe «relief» he shall have his inheritance on payment of the ancient relief, namely the heir or heirs of an earl, 100 pounds for a whole earl’s barony; the heir or heirs of a baron, 100 pounds for a whole barony; the heir or heirs of a knight, 100 shillings at most for a whole knight’s fee; and whoever owes less let him give less, according to the ancient custom of fiefs. | ||
| 3. Si autem heres alicujus talium fuerit infra etatem et fuerit in custodia, cum ad etatem pervenerit, habeat hereditatem suam sine relevio et sine fine. | 3. If, however, the heir of any of the aforesaid has been under age and in wardship, let him have his inheritance without relief and without fine when hecomes of age. | ||
| 4. Custos terre hujusmodi heredis qui infra etatem fuerit, non capiat de terra heredis nisi racionabiles exitus, et racionabiles consuetudines, et racionabilia servicia, et hoc sine destructione et vasto hominum vel rerum; et si nos commiserimus custodiam alicujus talis terre vicecomiti vel alicui alii qui de exitibus illius nobis respondere debeat, et ille destructionem de custodia fecerit vel vastum, nos ab illo capiemus emendam, et terra committatur duobus legalibus et discretis hominibus de feodo illo, qui de exitibus respondeant nobis vel ei cui eos assignaverimus; et si dederimus vel vendiderimus alicui custodiam alicujus talis terre, et ille destructionem inde fecerit vel vastum, amittat ipsam custodiam, et tradatur duobus legalibus et discretis hominibus de feodo illo qui similiter nobis respondeant sicut predictum est. | 4. The guardian of the land of an heir who is thus under age, shall take from the land of the heir nothing but reasonably 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 waste 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. Custos autem, quamdiu custodiam terre habuerit, sustentet domos, parcos, vivaria, stagna, molendina, et cetera ad terram illam pertinencia, de exitibus terre ejusdem; et reddat heredi, cum ad plenam etatem pervenerit, terram suam totam instauratam de carucis et waynagiis, secundum quod tempus waynagii exiget et exitus terre racionabiliter poterunt sustinere. | 5. The guardian, moreover, so long as he has the wardship of the land, shall keep up the houses, parks, fish ponds, 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 «waynage,» according as the season of husbandry shall require, and the issues of the land can reasonably bear. | ||
| 6. Heredes maritentur absque disparagacione, ita tamen quod, antequam contrahatur matrimonium, ostendatur propinquis de consanguinitate ipsius heredis. | 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. Vidua post mortem mariti sui statim et sine difficultate habeat maritagium et hereditatem suam, nec aliquid det pro dote sua, vel pro maritagio suo, vel hereditate sua, quam hereditatem maritus suus et ipsa tenuerint dit obitus ipsius mariti, et maneat in domo mariti sui per quadraginta dies post mortem ipsius, infra quos assignetur ei dos sua. | 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 fourty days after his death, within which time her dower shall be assigned to her. | ||
| 8. Nulla vidua distringatur ad se maritandum, dum voluerit vivere sine marito, ita tamen quod securitatem faciat quod se non maritabit sine assensu nostro, si de nobis tenuerit, vel sine assensu domini sui de quo tenuerit, si de alio tenuerit. | 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. Nec nos nec ballivi nostri seisiemus terram aliquam nec redditum pro debito aliquo, quamdiu catalla debitoris sufficiunt ad debitum reddendum; nec plegii ipsius debitoris distringantur quamdiu ipse capitalis debitor sufficit ad solucionem debiti; et si capitalis debitor defecerit in solucione debiti, non habens unde solvat, plegii respondeant de debito; et, si voluerint, habeant terras et redditus debitoris, donec sit eis satisfactum de debito quod ante pro eo solverint, nisi capitalis debitor monstraverit se esse quietum inde versus eosdem plegios. | 9. Neither we nor our bailiffs shall seize any land or rent for any debt, so long as the chattels of the debtor are sufficient to repay the debt; nor shall the sureties of the debtor be distrained so 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 let them have the lands and rents of the debtor, if they desire them, until they are indemnified for the debt which they have paid for him, unless the principal debtor can show proof that he is discharged thereof as against the said sureties. | ||
| 10. Si quis mutuo ceperit aliquid a Judeis, plus vel minus, et moriatur antequam debitum illud solvatur, debitum non usuret quamdiu heres fuerit infra etatem, de quocumque teneat; et si debitum illud inciderit in manus nostras, nos non capiemus nisi catallum contentum in carta. | 10. If one who has borrowed from the Jews any sum, great or small, die before that loan can be repaid, the debt shall not bear interest while the heir is under age, of whomsoever he may hold; and if the debt fall into our hands, we will not take anything except the principal sum contained in the bond. | ||
| 11. Et si quis moriatur, et debitum debeat Judeis, uxor ejus habeat dotem suam, et nichil reddat de debito illo; et si liberi ipsius defuncti qui fuerint infra etatem remanserint, provideantur eis necessaria secundum tenementum quod fuerit defuncti, et de residuo solvatur debitum, salvo servicio dominorum; simili modo fiat de debitis que debentur aliis quam Judeis. | 11. And if any one die indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if any children of the deceased are left under age, necessaries shall be provided for them in keeping with the holding of the deceased; and out of the residue the debt shall be paid, reserving, however, service due to feudal lords; in like manner let it be done touching debts due to others than Jews. | ||
| 12. Nullum scutagium vel auxilium ponatur in regno nostro, nisi per commune consilium regni nostri, nisi ad corpus nostrum redimendum, et primogenitum filium nostrum militem faciendum, et ad filiam nostram primogenitam semel maritandam, et ad hec non fiat nisi racionabile auxilium; simili modo fiat de auxiliis de civitate London. | 12. No scutage nor aid shall be imposed on our kingdom, unless by common counsel of our kingdom, except for ransoming our person, for making our eldest son a knight, and for once marrying our eldest daughter; and for these there shall not be levied more than a reasonable aid. In like manner it shall be done concerning aids from the city of London. | ||
| 13. Et civitas London. habeat omnes antiquas libertates et liberas consuetudines suas, tam per terras, quam per aquas. Preterea volumus et concedimus quod omnes alie civitates, et burgi, et ville, et portus, habeant omnes libertates et liberas consuetudines suas. | 13. And the city of London shall have all its ancient liberties and free customs, as well by land as by water; furthermore, we decree and grant that all other cities, boroughs, towns, and ports shall have all their liberties and free customs. | ||
| 14. Et ad habendum commune consilium regni de auxilio assidendo aliter quam in tribus casibus predictis, vel de scutagio assidendo, summoneri faciemus archiepiscopos, episcopos, abbates, comites, et majores barones sigillatim per litteras nostras; et preterea faciemus summoneri in generali per vicecomites et ballivos nostros omnes illos qui de nobis tenent in capite ad certum diem, scilicet ad terminum quadraginta dierum ad minus, et ad certum locum; et in omnibus litteris illius summonicionis causam summonicionis exprimemus; et sic facta summonicione negocium ad diem assignatum procedat secundum consilium illorum qui presentes fuerint, quamvis non omnes summoniti venerint. | 14. And for obtaining the common counsel of the kingdom anent the assessing of an aid (except in the three cases afore said) or of a scutage, we will cause to be summoned the archbishops, bishops, abbots, earls, and greater barons, severally by our letters; and we will moreover cause to be summoned generally, through our sheriffs and bailiffs, all others who hold of us in chief, for afixed date, namely, after the expiry of at least forty days, and at a fixed place; and in all letters of such summons we will specify the reason of the summons. And when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of such as are present, although not all who were summoned have come. | ||
| 15. Nos non concedemus de cetero alicui quod capiat auxilium de liberis hominibus suis, nisi ad corpus suum redimendum, et ad faciendum primogenitum filium suum militem, et ad primogenitam filiam suam semel maritandam, et ad hec non fiat nisi racionabile auxilium. | 15. We will not for the future grant to any one license to take an aid from his own free tenants, except to ransom his body, to make his eldest son a knight, and once to marry his eldest daughter; and on each of these occasions there shall be levied only a reasonable aid. | ||
| 16. Nullus distringatur ad faciendum majus servicium de feodo militis, nec de alio libero tenemento, quam inde debetur. | 16. No one shall be distrained for performance of greater service for aknight’s fee, or for any other free tenement, than is due therefrom. | ||
| 17. Communia placita non sequantur curiam nostram, set teneantur in aliquo loco certo. | 17. Common pleas shall not follow our court, but shall be held in some fixed place. | ||
| 18. Recogniciones de nova disseisina, de morte antecessoris, et de ultima presentacione, non capiantur nisi in suis comitatibus et hoc modo : nos, vel si extra regnum fuerimus, capitalis justiciarius noster, mittemus duos justiciarios per unum quemque comitatum per quatuor vices in anno, qui, cum quatuor militibus cujuslibet comitatus electis per comitatum, capiant in comitatu et in die et loco comitatus assisas predictas. | 18. Inquests of novel disseisin, ofmort d’ancester, and of darrein presentment, shall not be held elsewhere than in their own county courts and that in manner following,—We, or, if we should be out of the realm, our chief justiciar, will send two justiciars through every county four times a year, who shall, along with four knights of the county chosen by the county, hold the said assize in the county court, on the day and in the place of meeting of that court. | ||
| 19. Et si in die comitatus assise predicte capi non possint, tot milites et libere tenentes remaneant de illis qui interfuerint comitatui die illo, per quos possint judicia sufficenter fieri, secundum quod negocium fuerit majus vel minus. | 19. And if any of the said assizes cannot be taken on the day of the county court, let there remain of the knights and free holders, who were present at the county court on that day, as many as may be required for the efficient making of judgments, according as the business be more or less. | ||
| 20. Liber homo non amercietur pro parvo delicto, nisi secundum modum delicti; et pro magno delicto amercietur secundum magnitudinem delicti, salvo contenemento suo; et mercator eodem modo, salva mercandisa sua; et villanus eodem modo amercietur salvo waynagio suo, si inciderint in misericordiam nostram; et nulla predictarum misericordiarum ponatur, nisi per sacramentum proborum hominum de visneto. | 20. A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his»contenement;» and a merchant in the same way, saving his «merchandise;» and a villein shall be amerced in the same way, saving his «wainage»—if they have fallen into our mercy: and none of the aforesaid amercements shall be impsed except by the oath of honest men of the neighborhood. | ||
| 21. Comites et barones non amercientur nisi per pares suos, et non nisi secundum modum delicti. | 21. Earls and barons shall not be amerced except through their peers, and only in accordance with the degree of the offense. | ||
| 22. Nullus clericus amercietur de laico tenemento suo, nisi secundum modum aliorum predictorum, et non secundum quantitatem beneficii sui ecclesiastici. | 22. A clerk shall not be amerced in respect of his lay holding except after the manner of the others aforesaid; further, he shall not be amerced in accordance with the extent of his ecclesiastical benefice. | ||
| 23. Nec villa nec homo distringatur facere pontes ad riparias, nisi qui ab antiquo et de jure facere debent. | 23. No village or individual shall be compelled to make bridges atriver-banks, except those who from of old were legally bound to do so. | ||
| 24. Nullus vicecomes, constabularius, coronatores, vel alii ballivi nostri, teneant placita corone nostre. | 24. No sheriff, constable, coroners, or others of our bailiffs, shall hold pleas of our Crown. | ||
| 25. Omnes comitatus, hundredi, wapentakii, et trethingi’ sint ad antiquas firmas absque ullo incremento, exceptis dominicis maneriis nostris. | 25. All counties, hundreds, wapentakes, and trithings (except our demesnemanors) shall remain at old rents, and without any additional payment. | ||
| 26. Si aliquis tenens de nobis laicum feodum moriatur, et vicecomes vel ballivus noster ostendat litteras nostras patentes de summonicione nostra de debito quod defunctus nobis debuit, liceat vicecomiti vel ballivo nostro attachiare et imbreviare catalla defuncti inventa in laico feodo, ad valenciam illius debiti, per visum legalium hominum, ita tamen quod nichil inde amoveatur, donec persolvatur nobis debitum quod clarum fuerit, et residuum relinquatur executoribus ad faciendum testamentum defuncti; et, si nichil nobis debeatur ad ipso, omnia catalla cedant defuncto, salvis uxori ipsius et pueris racionabilibus partibus suis. | 26. If any one holding of us a lay fief shall die, and our sheriff or bailiff shall exhibit our letters patent of summons for a debt which the deceased owed to us, it shall be lawful for our sheriff or bailiff to attach and catalogue chattels of the deceased, found upon the lay fief, to the value of that debt, at the sight of law-worthy men, provided always that nothing whatever be thence removed until the debt which is evident shall be fully paid to us; and the residue shall be left to the executors to fulfil the will of the deceased; and if there be nothing due from him to us, all the chattels shall go to the deceased, saving to his wife and children their reasonable shares. | ||
| 27. Si aliquis liber homo intestatus decesserit, catalla sua per manus propinquorum parentum et amicorum suorum, per visum ecclesie distribuantur, salvis unicuique debitis que defunctus ei debebat. | 27. If any freeman shall die intestate, his chattels shall be distributed bythe hands of his nearest kinsfolk and friends, under supervision of the church, saving to every one the debts which the deceased owed to him. | ||
| 28. Nullus constabularius, vel alius ballivus noster, capiat blada vel alia catalla alicujus, nisi statim inde reddat denarios, aut respectum inde habere possit de voluntate venditoris. | 28. No constable or other bailiff of ours shall take corn or other provisions from any one without immediately tendering money therefor, unless he can have postponement thereof by permission of the seller. | ||
| 29. Nullus constabularius distringat aliquem militem ad dandum denarios pro custodia castri, si facere voluerit custodiam illam in propria persona sua, vel per alium probum hominem, si ipse eam facere non possit propter racionabilem causam; et si nos duxerimus vel miserimus eum in exercitum, erit quietus de custodia, secundum quantitatem temporis quo per nos fuerit in exercitu. | 29. No constable shall compel any knight to give money in lieu of castle-guard, when he is willing to perform it in his own person, or (if hecannot do it from any reasonable cause) then by another responsible man. Further, if we have led or sent him upon military service, he shall be relieved from guard in proportion to the time during which he has been on servicebecause of us. | ||
| 30. Nullus vicecomes, vel ballivus noster, vel aliquis alius, capiat equos vel carettas alicujus liberi hominis pro cariagio faciendo, nisi de voluntate ipsius liberi hominis. | 30. No sheriff or bailiff of ours, or other person, shall take the horses or carts of any freeman for transport duty, against the will of the said freeman. | ||
| 31. Nec nos nec ballivi nostri capiemus alienum boscum ad castra vel alia agenda nostra, nisi per voluntatem ipsius cujus boscus ille fuerit. | 31. Neither we nor our bailiffs shall take, for our castles or for any other work of ours, wood which is not ours, against the will of the owner of that wood. | ||
| 32. Nos non tenebimus terras illorum qui convicti fuerint de felonia, nisi per unum annum et unum diem, et tunc reddantur terre dominis feodorum. | 32. We will not retain beyond one year and one day, the lands of those who have been convicted of felony, and the lands shall thereafter be handed over to the lords of the fiefs. | ||
| 33. Omnis kidelli de cetero deponantur penitus de Tamisia, et de Medewaye, et per totam Angliam, nisi per costeram maris. | 33. All kiddles for the future shall be removed altogether from Thames and Medway, and throughout all England, except upon the seashore. | ||
| 34. Breve quod vocatur «Precipe» de cetero non fiat alicui de aliquo tenemento unde liber homo amittere possit curiam suam. | 34. The writ which is called praecipe shall not for the future be issued to any one, regarding any tenement whereby a freeman may lose hiscourt. | ||
| 35. Una mensura vini sit per totum regnum nostrum, et una mensura cervisie, et una mensura bladi, scilicet quarterium Londoniense, et una latitudo pannorum tinctorum et russetorum et halbergettorum, scilicet due ulne infra listas; de ponderibus autem sit ut de mensuris. | 35. Let there be one measure of wine throughout our whole realm; and one measure of ale; and one measure of corn, to wit, «the London quarter;» and one width of cloth (whether dyed, or russet, or «halberget»), to wit, two ells within the selvages; of weights also let it be as of measures. | ||
| 36. Nichil detur vel capiatur de cetero pro brevi inquisicionis de vita vel membris, set gratis concedatur et non negetur. | 36. Nothing in future shall be given or taken for a writ of inquisition of life or limbs, but freely it shall be granted, and never denied. | ||
| 37. Si aliquis teneat de nobis per feodifirmam, vel per sokagium, vel per burgagium, et de alio terram teneat per servicium militare, nos non habebimus custodiam heredis nec terre sue que est de feodo alterius, occasione illius feodifirme, vel sokagii, vel burgagii; nec habebimus custodiam illius feodifirme, vel sokagii, vel burgagii, nisi ipsa feodifirma debeat servicium militare. Nos non habebimus custodiam heredis vel terre alicujus, quam tenet de alio per servicium militare, occasione alicujus parve serjanterie quam tenet de nobis per servicium reddendi nobis cultellos, vel sagittas, vel hujusmodi. | 37. If any one holds of us by fee-farm, by socage, or by burgage, and holds also land of another lord by knight’s service, we will not (by reason of thatfee-farm, socage, or burgage) have the wardship of the heir, or of such land of his as is of the fief of that other; nor shall we have wardship of that fee-farm, socage, or burgage, unless such fee-farm owes knight’s service. We will not by reason of any small serjeanty which any one may hold of us by the service of rendering to us knives, arrows, or the like, have wardship of his heir of of the land which he holds of another lord by knight’s service. | ||
| 38. Nullus ballivus ponat decetero aliquem ad legem simplici loquela sua, sine testibus fidelibus ad hoc inductis. | 38. No bailiff for the future shall, upon his own unsupported complaint, putany one to his «law,» without credible witnesses brought for this purpose. | ||
| 39. Nullus liber homo capiatur, vel imprisonetur, aut disseisiatur, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum vel per legem terre. | 39. No freeman shall be taken or imprisoned or disseised or exiled or in anyway destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land. | ||
| 40. Nulli vendemus, nulli negabimus, aut differemus rectum aut justiciam. | 40. To no one will we sell, to no one will we refuse or delay, right or justice. | ||
| 41. Omnes mercatores habeant salvum et securum exire de Anglia, et venire in Angliam, et morari, et ire per Angliam, tam per terram quam per aquam, ad emendum et vendendum, sine omnibus malis toltis, per antiquas et rectas consuetudines, preterquam in tempore gwerre, et si sint de terra contra nos gwerrina; et si tales inveniantur in terra nostra in principio gwerre, attachientur sine dampno corporum et rerum, donec sciatur a nobis vel capitali justiciario nostro quomodo mercatores terre nostre tractentur, qui tunc invenientur in terra contra nos gwerrina; et si nostri salvi sint ibi, alii salvi sint in terra nostra. | 41. All merchants shall have safe and secure exit from England, and entry to England, with the right to tarry there and to move about as well by land as bywater, for buying and selling by the ancient and right customs, quit from allevil tolls, except (in time of war) such merchants as are of the land at warwith us. And if such are found in our land at the beginning of the war, they shall be deltained, without injury to their bodies or goods, until information be received by us, or by our chief justiciar, how the merchants of our land found in the land at war with us are treated; and if our men are safe there, the others shall be safe in our land. | ||
| 42. Liceat unicuique decetero exire de regno nostro, et redire, salvo et secure, per terram et per aquam, salva fide nostra, nisi tempore gwerre per aliquod breve tempus, propter communem utilitatem regni, exceptis imprisonatis et utlagatis secundum legem regni, et gente de terra contra nos gwerrina, et mercatoribus, de quibus fiat sicut predictum est. | 42. It shall be lawful in future for any one (excepting always those imprisoned or outlawed in accordance with the law of the kingdom, and natives of any country at war with us, and merchants, who shall be treated as is above provided) to leave our kingdom and to return, safe and secure by land and water, except for a short period in time of war, on grounds of public policy—reserving always the allegiance due to us. | ||
| 43. Si quis tenuerit de aliqua eskaeta, sicut de honore Walligefordie, Notingeham, Bolonie, Lancastrie, vel de aliis eskaetis que sunt in manu nostra et sunt baronie, et obierit, heres ejus non det aliud relevium, nec faciat nobis aliud servicium quam faceret baroni si baronia illa esset in manu baronis; et nos eodem modo eam tenebimus quo baro eam tenuit. | 43. If any one holding of some escheat (such as the honor of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which are in our handsand are baronies) shall die, his heir shall give no other relief, and perform no other service to us than he would have done to the baron, if that barony had been in the baron’s hand; and we shall hold it in the same manner in which the baron held it. | ||
| 44. Homines qui manent extra forestam non veniant decetero coram justiciariis nostris de foresta per communes summoniciones, nisi sint in placito, vel plegii alicujus vel aliquorum, qui attachiati sint pro foresta. | 44. Men who dwell without the forest need not henceforth come before our justiciars of the forest upon a general summons, except those who are impleaded, or who have become sureties for any person or persons attached for forest offenses. | ||
| 45. Nos non faciemus justiciarios, constabularios, vicecomites, vel ballivos, nisi de talibus qui sciant legem regni et eam bene velint observare. | 45. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well. | ||
| 46. Omnes barones qui fundaverunt abbacias, unde habent cartas regum Anglie, vel antiquam tenuram, habeant earum custodiam cum vacaverint, sicut habere debent. | 46. All barons who have founded abbeys, concerning which they hold charters from the kings of England, or of which they have long-continued possession, shall have the wardship of them, when vacant, as they ought to have. | ||
| 47. Omnes foreste que afforestate sunt tempore nostro, statim deafforestentur; et ita fiat de ripariis que per nos tempore nostro posite sunt in defenso. | 47. All forests that have been made such in our time shall forthwith be disafforested; and a similar course shall be followed with regard to river-banks that have been placed «in defense» by us in our time. | ||
| 48. Omnes male consuetudines de forestis et warennis, et de forestariis et warennariis, vicecomitibus et eorum ministris, ripariis et earum custodibus, statim inquirantur in quolibet comitatu per duodecim milites juratos de eodem comitatu, qui debent eligi per probos homines ejusdem comitatus, et infra quadraginta dies post inquisicionem factam, penitus, ita quod numquam revocentur, deleantur per eosdem, ita quod nos hoc sciamus prius, vel justiciarius noster, si in Anglia non fuerimus. | 48. All evil customs connected with forests and warrens, foresters and warreners, sheriffs and their officers, river-banks and their wardens, shall immediately be inquired into in each county by twelve sworn knights of the same county chosen by the honest men of the same county, and shall, within forty days of the said inquest, be utterly abolished, so as never to be restored, provided always that we previously have intimation thereof, or our justiciar, if we should not be in England. | ||
| 49. Omnes obsides et cartas statim reddemus que liberate fuerunt nobis ab Anglicis in securitatem pacis vel fidelis servicii. | 49. We will immediately restore all hostages and charters delivered to us by Englishmen, as sureties of the peace or of faithful service. | ||
| 50. Nos amovebimus penitus de balliis parentes Gerardi de Athyes, quod decetero nullam habeant balliam in Anglia, Engelardum de Cygony, Petrum et Gionem et Andream de Cancellis, Gionem de Cygony, Galfridum de Martinny et fratres ejus, Philippum Marc. et fratres ejus, et Galfridum nepotem ejus, et totam sequelam eorundem. | 50. We will entirely remove from their bailiwicks, the relations of Gerard Athee (so that in future they shall have no bailiwick in England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, Geofrrey of Martigny with his brothers, Philip Mark with his brothers and his nephew Geoffrey, and the whole brood of the same. | ||
| 51. Et statim post pacis reformacionem amovebimus de regno omnes alienigenas milites, balistarios, servientes, stipendiarios, qui venerint cum equis et armis ad nocumentum regni. | 51. As soon as peace is restored, we will banish from the kingdom all foreign-born knights, cross-bowmen, serjeants, and mercenary soldiers, who have come with horses and arms to the kingdom’s hurt. | ||
| 52. Si quis fuerit disseisitus vel elongatus per nos sine legali judicio parium suorum, de terris, castellis, libertatibus, vel jure suo, statim ea ei restituemus; et si contencio super hoc orta fuerit, tunc inde fiat per judicium viginti quinque baronum, de quibus fit mencio inferius in securitate pacis. De omnibus autem illis de quibus aliquis disseisitus fuerit vel elongatus sine legali judicio parium suorum, per Henricum regem patrem nostrum vel per Ricardum regem fratrem nostrum, que in manu nostra habemus, vel que alii tenent, que nos oporteat warantizare, respectum habebimus usque ad communem terminum crucesignatorum; exceptis illis de quibus placitum motum fuit vel inquisicio facta per preceptum nostrum, ante suscepcionem crucis nostre : cum autem redierimus de peregrinacione nostra, vel si forte remanserimus a peregrinacione nostra, statim inde plenam justiciam exhibebimus. | 52. If any one has been dispossessed or removed by us, without the legal judgment of his peers, from his lands, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute arise over this, then let it be decided by the five-and-twenty barons of whom mention is made below in the clause for securing the peace. Moreover, for all those possessions,from which any one has, without the lawful judgment of his peers, been disseised or removed, by our father, King Henry, or by our brother, King Richard, and which we retain in our hand (or which are possessed by others, to whom we are bound to warrant them) we shall have respite until the usual term of crusaders; excepting those things about which a plea has been raised, or an inquest made by our order, before our taking of the cross; but as soon as we return from our expedition (or if perchance we desist from the expedition) we will immediately grant full justice therein. | ||
| 53. Eundem autem respectum habebimus et eodem modo de justicia exhibenda, de forestis deafforestandis vel remanseris forestis quas Henricus pater noster vel Ricardus frater noster afforestaverunt, et de custodiis terrarum que sunt de alieno feodo, cujusmodi custodias hucusque habuimus occasione feodi quod aliquis de nobis tenuit per servicium militare, et de abbaciis que fundate fuerint in feodo alterius quam nostro, in quibus dominus feodi dixerit se jus habere; et cum redierimus, vel si remanserimus a peregrinatione nostra, super hiis conquerentibus plenam justiciam statim exhibebimus. | 53. We shall have, moreover, the same respite and in the same manner in rendering justice concerning the disafforestation or retention of those forests which Henry our father and Richard our brother afforested, and concerning wardship of lands which are of the fief of another (namely, such wardships as we have hitherto had by reason of a fief which any one held of us by knight’s service), and concerning abbeys founded on other fiefs than our own, in which the lord of the fief claims to have right; and when we have returned, or if we desist from our expedition, we will immediately grant full justice to all who complain of such things. | ||
| 54. Nullus capiatur nec imprisonetur propter appellum femine de morte alterius quam viri sui. | 54. No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other than her husband. | ||
| 55. Omnes fines qui injuste et contra legem terre facti sunt nobiscum, et omnia amerciamenta facta injuste et contra legem terre, omnino condonentur, vel fiat inde per judicium viginti quinque baronum de quibus fit mencio inferius in securitate pacis, vel per judicium majoris partis eorundem, una cum predicto Stephano Cantuarensi archiepiscopo, si interesse poterit, et aliis quos secum ad hoc vocare voluerit. Et si interesse non poterit, nichilominus procedat negocium sine eo, ita quod, si aliquis vel aliqui de predictis viginti quinque baronibus fuerint in simili querela, amoveantur quantum ad hoc judicium, et alii loco eorum per residuos de eisdem viginti quinque, tantum ad hoc faciendum electi et jurati substituantur. | 55. All fines made with us unjustly and against the law of the land, and all amercements imposed unjustly and against the law of the land, shall be entirely remitted, or else it shall be done concerning them according to the decision of the five-and-twenty barons of whom mention is made below in the clause for securing the peace, or according to the judgment of the majority of the same, along with the aforesaid Stephen, archbishop of Canterbury, if he can be present, and such others as he may wish to bring with him for this purpose, and if he cannot be present the business shall nevertheless proceed without him, provided always that if any one or more of the aforesaid five-and-twenty barons are in a similar suit, they shall be removed as far as concerns this particular judgment, others being substituted in their places after having been selected by the rest of the same five-and-twenty for this purpose only, and after having been sworn. | ||
| 56. Si nos disseisivimus vel elongavimus Walenses de terris vel libertatibus vel rebus aliis, sine legali judicio parium suorum, in Anglia vel in Wallia, eis statim reddantur; et si contencio super hoc orta fuerit, tunc inde fiat in Marchia per judicium parium suorum; de tenementis Anglie secundum legem Anglie; de tenementis Wallie secundum legem Wallie; de tenementis Marchie secundum legem Marchie. Idem facient Walenses nobis et nostris. | 56. If we have disseised or removed Welshmen from lands or liberties, or other things, without the legal judgment of their peers in England or in Wales, they shall be immediately restored to them; and if a dispute arise over this, then let it be decided in the marches by the judgment of their peers; for tenements in England according to the law of England, for tenements in Wales according to the law of Wales, and for tenements in the marches according to the law of the marches. Welshmen shall do the same to us and ours. | ||
| 57. De omnibus autem illis de quibus aliquis Walensium disseisitus fuerit vel elongatus, sine legali judicio parium suorum, per Henricum regem patrem nostrum vel Ricardum regem fratrem nostrum, que nos in manu nostra habemus, vel que alii tenent que nos oporteat warantizare, respectum habebimus usque ad communem terminum crucesignatorum, illis exceptis de quibus placitum motum fuit vel inquisicio facta per preceptum nostrum ante suscepcionem crucis nostre; cum autem redierimus, vel si forte remanserimus a peregrinatione nostra, statim eis inde plenam justitiam exhibebimus, secundum leges Walensium et partes predictas. | 57. Further, for all those possessions from which any Welshman has, without the lawful judgment of his peers, been disseised or removed by King Henry our father or King Richard our brother, and which we retain in our hand (or which are possessed by others, to whom we are bound to warrant them) we shall have respite until the usual term of crusaders; excepting those things about which a plea has been raised or an inquest made by our order before we took the cross; but as soon as we return (or if perchance we desist from our expedition), we will immediately grant full justice in accordance with the laws of the Welsh and in relation to the foresaid regions. | ||
| 58. Nos reddemus filium Lewelini statim, et omnes obsides de Wallia, et cartas que nobis liberate fuerunt in securitate pacis. | 58. We will immediately give up the son of Llywelyn and all the hostages of Wales, and the charters delivered to us as security for the peace. | ||
| 59. Nos faciemus Alexandro regi Scottorum de sororibus suis, et obsidibus reddendis, et libertatibus suis, et jure suo, secundum formam in qua faciemus aliis baronibus nostris Anglie, nisi aliter esse debeat per cartas quas habemus de Willelmo patre ipsius, quondam rege Scottorum; et hoc erit per judicium parium suorum in curia nostra. | 59. We will do toward Alexander, King of Scots, concerning the return of his sisters and his hostages, and concerning his franchises, and his right, in the same manner as we shall do toward our other barons of England, unless it ought to be otherwise according to the charters which we hold from William his father, formerly King of Scots; and this shall be according to the judgment of his peers in our court. | ||
| 60. Omnes autem istas consuetudines predictas et libertates quas nos concessimus in regno nostro tenendas quantum ad nos pertinet erga nostros, omnes de regno nostro, tam clerici quam laici, observent quantum ad se pertinet erga suos. | 60. Moreover, all these aforesaid customs and liberties, the observance of which we have granted in our kingdom as far as pertains to us toward our men, shall be observed by all of our kingdom, as well clergy as laymen, as far as pertains to them toward their men. | ||
| 61. Cum autem pro Deo, et ad emendacionem regni nostri, et ad melius sopiendum discordiam inter nos et barones nostros ortam, hec omnia predicta concesserimus, volentes ea integra et firma stabilitate in perpetuum gaudere, facimus et concedimus eis securitatem subscriptam; videlicet quod barones eligant viginti quinque barones de regno quos voluerint, qui debeant pro totis viribus suis observare, tenere, et facere observari, pacem et libertates quas eis concessimus, et hac presenti carta nostra confirmavimus; ita scilicet quod, si nos, vel justiciarius noster, vel ballivi nostri, vel aliquis de ministris nostris, in aliquo erga aliquem deliquerimus, vel aliquem articulorum pacis aut securitatis transgressi fuerimus, et delictum ostensum fuerit quatuor baronibus de predictis viginti quinque baronibus, illi quatuor barones accedant ad nos vel ad justiciarium nostrum, si fuerimus extra regnum, proponentes nobis excessum; petent ut excessum illum sine dilacione faciamus emendari. Et si nos excessum non emendaverimus, vel, si fuerimus extra regnum, justiciarius noster non emendaverit infra tempus quadraginta dierum computandum a tempore quo monstratum fuerit nobis vel justiciario nostro, si extra regnum fuerimus, predicti quatuor barones referant causam illam ad residuos de illis viginti quinque baronibus, et illi viginti quinque barones cum communia tocius terre distringent et gravabunt nos modis omnibus quibus poterunt, scilicet per capcionem castrorum, terrarum, possessionum, et aliis modis quibus poterunt, donec fuerit emendatum secundum arbitrium eorum, salva persona nostra et regine nostre et liberorum nostrorum; et cum fuerit emendatum intendent nobis sicut prius fecerunt. Et quicumque voluerit de terra juret quod ad predicta omnia exequenda parebit mandatis predictorum viginti quinque baronum, et quod gravabit nos pro posse suo cum ipsis, et nos publice et libere damus licenciam jurandi cuilibet qui jurare voluerit, et nulli umquam jurare prohibebimus. Omnes autem illos de terra qui per se et sponte sua noluerint jurare viginti quinque baronibus de distringendo et gravando nos cum eis, faciemus jurare eosdem de mandato nostro sicut predictum est. Et si aliquis de viginti quinque baronibus decesserit, vel a terra recesserit, vel aliquo alio modo impeditus fuerit, quominus ista predicta possent exequi, qui residui fuerint de predictis viginti quinque baronibus eligant alium loco ipsius, pro arbitrio suo, qui simili modo erit juratus quo et ceteri. In omnibus autem que istis viginti quinque baronibus committuntur exequenda, si forte ipsi viginti quinque presentes fuerint, et inter se super re aliqua discordaverint, vel aliqui ex eis summoniti nolint vel nequeant interesse, ratum habeatur et firmum quod major pars eorum qui presentes fuerint providerit, vel preceperit ac si omnes viginti quinque in hoc consensissent; et predicti viginti quinque jurent quod omnia antedicta fideliter observabunt, et pro toto posse suo facient observari. Et nos nichil impetrabimus ab aliquo, per nos nec per alium, per quod aliqua istarum concessionum et libertatum revocetur vel minuatur; et, si aliquid tale impetratum fuerit, irritum sit et inane et numquam eo utemur per nos nec per alium. | 61. Since, moreover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them incomplete and firm endurance for ever, we give and grant to them the underwritten security, namely, that the barons choose five-and-twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything beat fault toward any one, or shall have broken any one of the articles of the peace or of this security, and the offense be notified to four barons of the foresaid five-and-twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm), the four barons aforesaid shall refer that matter to the rest of the five-and-twenty barons, and those five-and-twenty barons shall, together with the community of the whole land, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations toward us. And let whoever in the country desires it, swear to obey the orders of the said five-and-twenty barons for the execution of all the aforesaid matters, and along with them, to molest us to the utmost of his power; and we publicly and freely grant leave to every one who wishes to swear, and we shall never forbid any one to swear. All those, moreover, in the land who of themselves and of their own accord are unwilling to swear to the twenty-five to help them inconstraining and molesting us, we shall by our command compel the same to swear to the effect aforesaid. And if any one of the five-and-twenty barons shall have died or departed from the land, or be incapacitated in any other manner which would prevent the foresaid provisions being carried out, those of the said twenty-five barons who are left shall choose another in his place according to their own judgment, and he shall be sworn in the same way as the others. Further, in all matters, the execution of which is intrusted to these twenty-five barons, if perchance these twenty-five are present, that which the majority of those present ordain or command shall be held as fixed and established, exactly as if the whole twenty-five had concurred in this; and the said twenty-five shall swear that they will faithfully observe all that is aforesaid, and cause it to be observed with all their might. And we shall procure nothing from any one, directly or indirectly, whereby any part of these concessions and liberties might be revoked or diminished; and if any such thing has been procured, let it be void and null, and we shall never use it personally or by another. | ||
| 62. Et omnes malas voluntates, indignaciones, et rancores, ortos inter nos et homines nostros, clericos et laicos, a tempore discordie, plene omnibus remisimus et condonavimus. Preterea omnes transgressiones factas occasione ejusdem discordie, a Pascha anno regni nostri sextodecimo usque ad pacem reformatam, plene remisimus omnibus, clericis et laicis, et quantum ad nos pertinet plene condonavimus. Et insuper fecimus eis fieri litteras testimoniales patentes domini Stephani Cantuariensis archiepiscopi, domini Henrici Dublinensis archiepiscopi, et episcoporum predictorum et magistri Pandulfi, super securitate ista et concessionibus prefatis. | 62. And all the ill-will, hatreds, and bitterness that have arisen between us and our men, clergy and lay, from the date of the quarrel, we have completely remitted and pardoned every one. Moreover, all trespasses occasioned by the said quarrel, from Easter in the sixteenth year of our reign till the restoration of peace, we have fully remitted to all, both clergy and laymen, and completely forgiven, as far as pertains to us. And, on this head, we have caused to be made for them letters testimonial patent of the lord Stephen, archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the bishops aforesaid, and of Master Pandulf as touching this security and the concessions aforesaid. | ||
| 63. Quare volumus et firmiter precipimus quod Anglicana ecclesia libera sit et quod homines in regno nostro habeant et teneant omnes prefatas libertates, jura, et concessiones, bene et in pace, libere et quiete, plene et integre, sibi et heredibus suis, de nobis et heredibus nostris, in omnibus rebus et locis, in perpetuum, sicut predictum est. Juratum est autem tam ex parte nostra quam ex parte baronum, quod hec omnia supradicta bona fide et sine malo ingenio observabuntur. Testibus supradictis et multis aliis. Data per manum nostram in prato quod vocatur Ronimed. inter Windlesoram et Stanes, quinto decimo die junii, anno regni nostri decimo septimo. | 63. Wherefore it is our will, and we firmly enjoin, that the English Church be free, and that the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, of us and our heirs, in all respects and in all places for ever, as is aforesaid. An oath, moreover, has been taken, as well on our part as on the part of the barons, that all these conditions aforesaid shall be kept in good faith and without evil intent. Given under our hand—the above-named and many others being witnesses—in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign. | ||
