1、1215 年自由大宪章（英文）11215 年自由大宪章（英文）The Magna Carta (The Great Charter)1215英国是一个没有成文宪法的国家。他们的宪法是由一系列的文件和法案组成，其中具有奠基意义的一份，就是在 1215 年 6 月 15 日，由英国国王与贵族们签订的大宪章 。这张书写在羊皮纸卷上的文件在历史上第一次限制了封建君主的权力，日后成为了英国君主立宪制的法律基石。大宪章（拉丁文 Magna Carter, 英文 Great Charter）是英国于 1215 年订立的宪法，用来限制英国国王（主要是当时的约翰）的绝对权力。订立大宪章的主要原因是因为教皇、英王
2、约翰及封建贵族对皇室权力出现不同的意见。大宪章要求皇室放弃部分权力，及尊重司法过程，接受王权受法律的限制。大宪章是英国在建立宪法政治这长远历史过程的开始。Preamble: John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, serv
3、ants, and to all his bailiffs and liege subjects, greetings. 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 his holy Church and for the rectifying of our realm, we have granted as underwrit
4、ten 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, Be
5、nedict 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, Willia
6、m, earl of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip dAubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our liegemen.
7、1. 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 1215 年自由大宪章（英文）2we will that it be thus observed; which is apparent from this
8、 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
9、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 forev
10、er.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 full of age and owe “relief“, he shall have his inheritance by the old relief, to wit, the heir or heirs of an earl, for the whole barony of an ea
11、rl by 100; the heir or heirs of a baron, 100 for a whole barony; the heir or heirs of a knight, 100s, at most, and whoever owes less let him give less, according to the ancient custom of fees.3. If, however, the heir of any one of the aforesaid has been under age and in wardship, let him have his in
12、heritance 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 reasonable produce, reasonable customs, and reasonable services, and that without destruction or waste of men or goods; and if
13、 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 waster 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 th
14、at 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
15、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
16、 the heir, when he has come to full age, all his land, stocked with ploughs and 1215 年自由大宪章（英文）3wainage, according as the season of husbandry shall require, and the issues of the land can reasonable bear.6. Heirs shall be married without disparagement, yet so that before the marriage takes place the
17、 nearest in blood to that heir shall have notice.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
18、 on the day of the death of that husband; and she may remain in the house of her husband for forty days after his death, within which time her dower shall be assigned to her.8. No widow shall be compelled to marry, so long as she prefers to live without a husband; provided always that she gives secu
19、rity 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. Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the debtor are sufficient to repay the debt; nor shall the sure
20、ties 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 t
21、hem, 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. If one who has borrowed from the Jews any sum, great or small, die before that loan be repaid, the debt shall not bear
22、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. And if anyone die indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if any children o
23、f 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. No scutage n
24、ot aid shall be imposed on 1215 年自由大宪章（英文）4our 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
25、 be done concerning aids from the city of London.13. And the city of London shall have all it 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. And fo
26、r obtaining the common counsel of the kingdom anent the assessing of an aid (except in the three cases aforesaid) 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 moveover cause to be summoned generally,
27、through our sheriffs and bailiffs, and others who hold of us in chief, for a fixed 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 pr
28、oceed on the day appointed, according to the counsel of such as are present, although not all who were summoned have come.15. We will not for the future grant to anyone license to take an aid from his own free tenants, except to ransom his person, to make his eldest son a knight, and once to marry h
29、is eldest daughter; and on each of these occasions there shall be levied only a reasonable aid.16. No one shall be distrained for performance of greater service for a knights fee, or for any other free tenement, than is due therefrom.17. Common pleas shall not follow our court, but shall be held in
30、some fixed place.18. Inquests of novel disseisin, of mort dancestor, 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 justiciaries through every county fo
31、ur times a year, who shall alone with four knights of the county chosen by the county, hold the said assizes in the county court, on the day and in the place of meeting of that court.19. And if any of the said assizes cannot be taken on the day of the county court, let there remain of the knights an
32、d freeholders, 1215 年自由大宪章（英文）5who 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. A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; a
33、nd for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contentment“; 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 o
34、f the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood.21. Earls and barons shall not be amerced except through their peers, and only in accordance with the degree of the offense.22. A clerk shall not be amerced in respect of his lay holding except after th
35、e manner of the others aforesaid; further, he shall not be amerced in accordance with the extent of his ecclesiastical benefice.23. No village or individual shall be compelled to make bridges at river banks, except those who from of old were legally bound to do so.24. No sheriff, constable, coroners
36、, or others of our bailiffs, shall hold pleas of our Crown.25. All counties, hundred, wapentakes, and trithings (except our demesne manors) shall remain at the old rents, and without any additional payment.26. If anyone holding of us a lay fief shall die, and our sheriff or bailiff shall exhibit our
37、 letters patent of summons for a debt which the deceased owed us, it shall be lawful for our sheriff or bailiff to attach and enroll the 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 remov
38、ed until the debt which is evident shall be fully paid to us; and the residue shall be left to the executors to fulfill 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. If any
39、freeman shall die intestate, his chattels shall be distributed by the 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. No constable or other bailiff of ours 1215 年自由大宪章（英文）6shall take corn or other provisions
40、 from anyone without immediately tendering money therefor, unless he can have postponement thereof by permission of the seller.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 he himself cannot do it from any r
41、easonable 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 service because of us.30. No sheriff or bailiff of ours, or other person, shall take the horses or carts
42、of any freeman for transport duty, against the will of the said freeman.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. We will not retain beyond one year and one day, the lands those wh
43、o have been convicted of felony, and the lands shall thereafter be handed over to the lords of the fiefs.33. All kydells for the future shall be removed altogether from Thames and Medway, and throughout all England, except upon the seashore.34. The writ which is called praecipe shall not for the fut
44、ure be issued to anyone, regarding any tenement whereby a freeman may lose his court.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 wi
45、t, two ells within the selvedges; of weights also let it be as of measures.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. If anyone holds of us by fee-farm, either by socage or by burage, or of any other
46、land by knights service, we will not (by reason of that fee-farm, socage, or burgage), have the wardship of the heir, or of such land of his as if of the fief of that other; nor shall we have wardship of that fee-farm, socage, or burgage, unless such fee-farm owes knights service. We will not by rea
47、son of any small serjeancy which anyone may hold of us by the service of rendering to us knives, arrows, or the like, have wardship of his heir or of the land which he holds of another lord by knights service.1215 年自由大宪章（英文）738. No bailiff for the future shall, upon his own unsupported complaint, pu
48、t anyone to his “law“, without credible witnesses brought for this purposes.39. No freemen shall be taken or imprisoned or disseised or exiled or in any way 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. To no one will w
49、e sell, to no one will we refuse or delay, right or justice.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 by water, for buying and selling by the ancient and right customs, quit from all evil tolls, except (in time of war) such merchants as are of the land at war with us. And if such are found in our land at the beginning of the war, they shall be detained, without injury to their bodies or goods, until information be received by us, or by our chief justiciar, how the merchants
