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throughout, though it has been difficult to preserve entire uniformity in these respects. Brief editorial introductions, a few notes which seemed to be indispensable, and an index and pronouncing vocabulary complete the equipment of the book.
I am under great obligations to James MacLehose and Sons, of Glasgow, for permission to use the now standard translation of Magna Carta by Professor W. S. McKechnie. The version of the Confirmation of the Charters is that by Bishop Stubbs, as revised by Mr. H. W. C. Davis. Three French Revolutionary documents are taken by permission from the Translations and Reprints published by the Department of History, University of Pennsylvania, and from Professor F. M. Anderson's well known collection illustrating the modern history of France. The other documents are transcribed from official or semi-official sources, as indicated in the foot-notes.
HISTORICAL SOURCE BOOK
1. THE GREAT CHARTER, 12151 MAGNA CARTA stands foremost among the great documents which established the liberties of Englishmen. Nevertheless, it did not form an innovation. King John's predecessors, Henry I, Stephen, and Henry II, had issued coronation or accession charters restricting the authority of the sovereign in favor of nobles, clergy, and commons. Magna Carta was suggested by and based upon these earlier grants. The barons who forced it on the king took care that it should be widely known and distributed sealed copies throughout the land. Of these, four are still in existence : two in the British Museum and two in the cathedrals of Lincoln and Salisbury, respectively. The division of the document into a preamble and sixty-three articles is not found in any of the original copies; it is a modern device for convenience of reference. Much of the charter cannot now be understood without special research in English constitutional and legal history. Every student should be familiar, however, with at least articles I, XII, XIII, XIV, XV, XX, XXVIII, XXIX, XXXIX-XLII, XLV, LI, LXI, and LXIII.
THE GREAT CHARTER, 1215 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 souls, 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,
1 W. S. McKechnie, Magna Carta, pp. 185-479, passim. Second Edition. Glasgow, 1914. James MacLehose and Sons.
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 Marshal, earl of Pembroke, William, earl of Salisbury, William, earl[of]Warenne, William, earl of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Bassett, Philip d'Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our liegemen.
I. In the first place, we have granted to God, and by this our present charter confirmed for us and our heirs forever 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
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 forever. We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever.
II. 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 full of age and owe relief, he shall have his inheritance on payment of the ancient relief, namely, the heir or heirs of an earl, £100 for a whole earl's barony; the heir or heirs of a baron, £100 for a whole barony; the heir or heirs of a knight, 100 s. at most for a whole knight's fee; and whoever owes less let him give less, according to the ancient custom of fiefs.
III. 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.
IV. The guardian of the land of an heir who is thus under age shall take from the land of the heir nothing but reasonable produce, reasonable customs, and reasonable services, and that without de