Magna Carta Clauses

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63 Terms

1
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1

Separates the Church of England from the king and gives them their general freedoms and rights without interference from the king.

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2

When an heir comes into possession of their inheritance, they will pay a fair and justifiable tax. (Feudal Relief)

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3

Any heir not yet of age to inherit their property will not be forced to pay any fine or feudal relief

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4

Any guardian that is managing the land of an underaged heir must preserve the land and property for the heir’s benefit. They cannot give away any of that land either. If they do, they give up their temporary ownership to 2 lawful men under the watch of the barons.

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5

The guardian of the heir must take care of the heir’s land and provide whatever is needed for the cultivation of such land

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Heirs can marry without marrying down classes, but their blood relatives will be informed of the marriage before it occurs

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7

 A widow will immediately receive the inheritance and dowry from her husband after death without paying any fines or fees, and she is not required to remarry if she wishes. A widow is not required to pay anything to the king or his officers to acquire her inheritance or dowry. She is also allowed to remain in her husbands home for 40 days after her husbands death while the dowry is still being arranged

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Widows are not required to remarry

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The king and his officers cannot take any revenue to settle a debt from the debtor if they have enough to pay or the debtors sponsor if the debtor has enough to pay. If the debtor cannot pay their debt, revenue will be taken from the sponsor. The sponsor can hold onto the land and property of the chief debtor until they fully repays this debt, unless the debtor has quit.

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 If a deceased person borrows money, that debt will not gain interest as long as the heir remains underaged. If the debt falls onto the king, they will take nothing apart from the property contained in the deed

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If someone owing a debt to money lenders dies, their wife will receive her dowry without restoring the debt. If the deceased had an underaged child, the child will be prepared to pay the debt to the money lenders and all other debts as well from their residue

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12

The king cannot levy any taxes, scutage, or aid without the consent of the common council. The exceptions are paying ransom for the king, funding the knighthood of the eldest son, and marrying off the eldest daughter once, and they will be given proper and reasonable aid

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13

All cities, towns, and regions will be able to keep their same customs and liberties

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14

When the king calls council, they must summon key figures individually and other tenants on a broader spectrum, they must be given a 40 day notice, the must be informed of the reason by which they were summoned, and if someone doesn’t show, business will continue as per the norm

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The king cannot take aid from his subjects unless he is paying his ransom, funding his eldest son’s knightship, and marrying his eldest daughter, and for these reasonable aid will be taken.

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16

People are only required to make up the traditional fee for their land, shrinking the power that the king has to demand extra services

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17

Common cases wont be heard by the king but by local courts

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Cases that have to do with land ownership or inheritance are heard in the county that the land is held. The king would send justices to the county courts every 4 years, and 4 knights would accompany them. Local community gives input on the cases

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 If a cases is not resolved before the court session ends, the knights and free tenants present will decide the case. Makes sure the community has a say in the local legal decisions and also prevents drawn out trials.

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Fine amounts are relative to the severity of the crimes. Fines must not deprive someone of their livelihood. Fines can only be assessed by lawful citizens of ones community, making sure there are fair decisions

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Earls and barons can only be fined through the judgment of their equal peers, and the fine must match the severity of the crime

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Clergymen are subject to the same fine rules as everyone else, but it adds that church income cannot come into effect within a secular fine

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23

Villagers cannot be forced to build or upkeep bridges unless they have a traditional or pre-existing obligation to do so

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24

Royal officials are prohibited from overseeing cases pertaining to serious crimes. These cases are heard by royal or other authorized judges to ensure proper legal procedures

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25

Rents and payments owed to the crown from administrative regions like counties remain at historical levels without increase, this does not apply to the kings personal land

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26

When someone dies and they owe a debt to the king, his officers can attach property to the debt but may not take anything until the debt is paid. Anything left is given according to the will. If there is no debt their property will be used however the deceased described and their wife and children will receive a reasonable sum of property

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27

When a man dies without a will his property is evenly distributed by his family and friends, and this process is overseen by the church to ensure fairness. Any debts must be settled before the distribution of the estate

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28

Royal officials cannot seize any property without first giving proper compensation and any compensation must be payed immediately unless the owner of said property chooses to differ the payment

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29

A governor of sorts cannot force a knight to pay for wardship through another medium, and if the knight is on a military expedition he is quit of his war

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30

Royal officials cant take peoples horses or carts for transport unless the person lets them

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31

Royal officials cannot take peoples wood to build castles unless the person lets them

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32

The king cannot hold the land of a felon for more than one year and one day, after which the land will be given to the owner of the land

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33

All dams in England will be done away with

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34

The writ of Praecipe will not be given to anyone being held in order to not jeopardize their trial

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35

Establishes a universal measurement for things like corn, wine, and ale

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36

People are not required to pay when given a writ of life or limb and writs of right

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37

The king can only claim wardship of a minor heirs land if the lands are held by a knight in the kings service. If the heir holds lands from another lord the king cannot claim it

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38

Any accusation made by royal officers must be supported by the evidence of a reliable witness

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39

Freemen cannot have their rights or property removed without first receiving a fair and lawful trial. The legal actions must be based on a trial of their peers and the normal legal procedures and rights

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40

Bans any sort of bribes or payments to the king or his officials to administer justice and justice must be equally applied to everyone fairly regardless of status

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41

Protects merchants traveling to England from illegal demands and unfair taxes. Merchants from enemy countries will be detained but not harmed and their good will be protected until English merchants in the enemy countries are protected the same

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42

Provides the right for people to safely leave and return to the country, although travel rights may be restricted during times of war to protect national security. This applies to merchants as well as long as they aren’t prohibited for legal or political reasons

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43

If the owner of land dies and his baron has reverted to the crown (escheat), the heir has to perform the same services they would have if the baron remained under the same lord.

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44

Restricts the application of forest laws. People living outside of forest boundaries cannot be summoned for general forest law inquiries unless they were directly involved or are guarantors for whoever broke the law

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45

Royal officials like sheriffs and judges must be aware of the laws of the land

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46

Gives barons custody rights over abbeys they founded when the abbeys were vacant, but the baron must present historical evidence of their right over the abbey

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47

Any forest that was the kings forest under King John’s rule is restored to their previous status. Riverbanks placed in a position of “defense” will also be given back to public use.

48
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48

This act is made to report oppressive practices from royal officials. The oversight will be carried out by 12 sworn knights chosen by the community and their findings must be reported within 40 days, after which the identified abuses will be abolished

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49

The king promises to return any hostages given to him as a show of loyalty or peace. The king must also return charters thats were given up to him as collateral

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50

This demands the dismissal of individuals in association with Gerard de Athey as they were corrupt and foreign born. Lessens the influence of foreign officials

51
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51

King John must dismiss any foreign soldiers that were brought into England during times of conflict once a time of peace is established

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52

The king will return any property taken unlawfully. If there is a disagreement about what is to be returned, it will be decided by the 25 barons appointed to uphold Magna Carta. The king must act without haste if the barons decide restitution is necessary

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53

The king must disafforest any lands that were incorrectly declared as royal forests, returning them to their previous status

54
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54

Women cannot bring formal accusations for murder unless it’s their husbands death

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55

The king will waive all fines that were imposed unlawfully or excessively. Disputes over these fines will be decided by the 25 barons. Archbishop Stephen Langton and his associates hold some oversight. If the archbishop is unavailable, the process will continue without delay

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56

Any Welsh person that was unjustly and unlawfully deprived of their liberties or land would have them returned

57
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57

Adds on to clause 56, not very important

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58

The king will return all hostages and charters from Wales

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59

Promises to absolve any issues with Alexander II, the King of Scotland fairly as an equal in a proper legal fashion

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60

All of the people of England must uphold and will receive the aforementioned liberties

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61

The enforcement clause. Basically says if the king doesn’t hold up his end of the deal, the barons will stop funding him. The issues with this is that in inevitably led to civil war as when the barons refused to pay, the king would just attack them

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62

All barons or other people who acted against the king prior to Magna Carta would not be punished or face retribution for their actions in order to establish peace

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63

Restates that the Church of England will be free and the people of England will have their guaranteed rights and liberties, binding both King John and his heirs to uphold the Magna Carta