Constitutional history -- England -- Sources; Magna Carta
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. 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 officers.
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 he comes of age.
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 there in 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. The guardian, moreover, so long as he has the wardship of the land,
shall keep up the houses, parks, fishponds, 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.
Public-domain text, read in full here on John Shaqi.
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