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  • Constitution of The Confederate States of America
    debts provide for the common defense and carry on the Government of the Confederate States but no bounties shall be granted from the Treasury nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry and all duties imposts and excises shall be uniform throughout the Confederate States 2 To borrow money on the credit of the Confederate States 3 To regulate commerce with foreign nations and among the several States and with the Indian tribes but neither this nor any other clause contained in the Constitution shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce except for the purpose of furnishing lights beacons and buoys and other aids to navigation upon the coasts and the improvement of harbors and the removing of obstructions in river navigation in all which cases such duties shall be laid on the navigation facilitated thereby as may be necessary to pay the costs and expenses thereof 4 To establish uniform laws of naturalization and uniform laws on the subject of bankruptcies throughout the Confederate States but no law of Congress shall discharge any debt contracted before the passage of the same 5 To coin money regulate the value thereof and of foreign coin and fix the standard of weights and measures 6 To provide for the punishment of counterfeiting the securities and current coin of the Confederate States 7 To establish post offices and post routes but the expenses of the Post Office Department after the Ist day of March in the year of our Lord eighteen hundred and sixty three shall be paid out of its own revenues 8 To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries 9 To constitute tribunals inferior to the Supreme Court 10 To define and punish piracies and felonies committed on the high seas and offenses against the law of nations 11 To declare war grant letters of marque and reprisal and make rules concerning captures on land and water 12 To raise and support armies but no appropriation of money to that use shall be for a longer term than two years 13 To provide and maintain a navy 14 To make rules for the government and regulation of the land and naval forces 15 To provide for calling forth the militia to execute the laws of the Confederate States suppress insurrections and repel invasions 16 To provide for organizing arming and disciplining the militia and for governing such part of them as may be employed in the service of the Confederate States reserving to the States respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress 17 To exercise exclusive legislation in all cases whatsoever over such district not exceeding ten miles square as may by cession of one or more States and the acceptance of Congress become the seat of the Government of the Confederate States and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be for the erection of forts magazines arsenals dockyards and other needful buildings and 18 To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Government of the Confederate States or in any department or officer thereof Section 9 1 The importation of negroes of the African race from any foreign country other than the slaveholding States or Territories of the United States of America is hereby forbidden and Congress is required to pass such laws as shall effectually prevent the same 2 Congress shall also have power to prohibit the introduction of slaves from any State not a member of or Territory not belonging to this Confederacy 3 The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it 4 No bill of attainder ex post facto law or law denying or impairing the right of property in negro slaves shall be passed 5 No capitation or other direct tax shall be laid unless in proportion to the census or enumeration hereinbefore directed to be taken 6 No tax or duty shall be laid on articles exported from any State except by a vote of two thirds of both Houses 7 No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another 8 No money shall be drawn from the Treasury but in consequence of appropriations made by law and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time 9 Congress shall appropriate no money from the Treasury except by a vote of two thirds of both Houses taken by yeas and nays unless it be asked and estimated for by some one of the heads of departments and submitted to Congress by the President or for the purpose of paying its own expenses and contingencies or for the payment of claims against the Confederate States the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the Government which it is hereby made the duty of Congress to establish 10 All bills appropriating money shall specify in Federal currency the exact amount of each appropriation and the purposes for which it is made and Congress shall grant no extra compensation to any public contractor officer agent or servant after such contract shall have been made or such service rendered 11 No title of nobility shall be granted by the Confederate States and no person holding any office of profit or trust under them shall without the consent of the Congress accept of any present emolument office or title of any kind whatever from any king prince or foreign state 12 Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and petition the Government for a redress of grievances 13 A well regulated militia being necessary to the security of a free State the right of the people to keep and bear arms shall not be infringed 14 No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in a manner to be prescribed by law 15 The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized 16 No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb nor be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation 17 In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense 18 In suits at common law where the value in controversy shall exceed twenty dollars the right of trial by jury shall be preserved and no fact so tried by a jury shall be otherwise reexamined in any court of the Confederacy than according to the rules of common law 19 Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted 20 Every law or resolution having the force of law shall relate to but one subject and that shall be expressed in the title Section 10 1 No State shall enter into any treaty alliance or confederation grant letters of marque and reprisal coin money make anything but gold and silver coin a tender in payment of debts pass any bill of attainder or ex post facto law or law impairing the obligation of contracts or grant any title of nobility 2 No State shall without the consent of the Congress lay any imposts or duties on imports or exports except what may be absolutely necessary for executing its inspection laws and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the Treasury of the Confederate States and all such laws shall be subject to the revision and control of Congress 3 No State shall without the consent of Congress lay any duty on tonnage except on seagoing vessels for the improvement of its rivers and harbors navigated by the said vessels but such duties shall not conflict with any treaties of the Confederate States with foreign nations and any surplus revenue thus derived shall after making such improvement be paid into the common treasury Nor shall any State keep troops or ships of war in time of peace enter into any agreement or compact with another State or with a foreign power or engage in war unless actually invaded or in such imminent danger as will not admit of delay But when any river divides or flows through two or more States they may enter into compacts with each other to improve the navigation thereof Article II Section 1 1 The executive power shall be vested in a President of the Confederate States of America He and the Vice President shall hold their offices for the term of six years but the President shall not be reeligible The President and Vice President shall be elected as follows 2 Each State shall appoint in such manner as the Legislature thereof may direct a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress but no Senator or Representative or person holding an office of trust or profit under the Confederate States shall be appointed an elector 3 The electors shall meet in their respective States and vote by ballot for President and Vice President one of whom at least shall not be an inhabitant of the same State with themselves they shall name in their ballots the person voted for as President and in distinct ballots the person voted for as Vice President and they shall make distinct lists of all persons voted for as President and of all persons voted for as Vice President and of the number of votes for each which lists they shall sign and certify and transmit sealed to the seat of the Government of the Confederate States directed to the President of the Senate the President of the Senate shall in the presence of the Senate and House of Representatives open all the certificates and the votes shall then be counted the person having the greatest number of votes for President shall be the President if such number be a majority of the whole number of electors appointed and if no person have such majority then from the persons having the highest numbers not exceeding three on the list of those voted for as President the House of Representatives shall choose immediately by ballot the President But in choosing the President the votes shall be taken by States the representation from each State having one vote a quorum for this purpose shall consist of a member or members from two thirds of the States and a majority of all the States shall be necessary to a choice And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them before the 4th day of March next following then the Vice President shall act as President as in case of the death or other constitutional disability of the President 4 The person having the greatest number of votes as Vice President shall be the Vice President if such number be a majority of the whole number of electors appointed and if no person have a majority then from the two highest numbers on the list the Senate shall choose the Vice President a quorum for the purpose shall consist of two thirds of the whole number of Senators and a majority of the whole number shall be necessary to a choice 5 But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the Confederate States 6 The Congress may determine the time of choosing the electors and the day on which they shall give their votes which day shall be the same throughout the Confederate States 7 No person except a natural born citizen of the Confederate States or a citizen thereof at the time of the adoption of this Constitution or a citizen thereof born in the United States prior to the 20th of December 1860 shall be eligible to the office of President neither shall any person be eligible to that office who shall not have attained the age of thirty five years and been fourteen years a resident within the limits of the Confederate States as they may exist at the time of his election 8 In case of the removal of the President from office or of his death resignation or inability to discharge the powers and duties of said office the same shall devolve on the Vice President and the Congress may by law provide for the case of removal death resignation or inability both of the President and Vice President declaring what officer shall then act as President and such officer shall act accordingly until the disability be removed or a President shall be elected 9 The President shall at stated times receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected and he shall not receive within that period any other emolument from the Confederate States or any of them 10 Before he enters on the execution of his office he shall take the following oath or affirmation I do solemnly swear or affirm that I will faithfully execute the office of President of the Confederate States and will to the best of my ability preserve protect and defend the Constitution thereof Section 2 1 The President shall be Commander in Chief of the Army and Navy of the Confederate States and of the militia of the several States when called into the actual service of the Confederate States he may require the opinion in writing of the principal officer in each of the Executive Departments upon any subject relating to the duties of their respective offices and he shall have power to grant reprieves and pardons for offenses against the Confederate States except in cases of impeachment 2 He shall have power by and with the advice and consent of the Senate to make treaties provided two thirds of the Senators present concur and he shall nominate and by and with the advice and consent of the Senate shall appoint ambassadors other public ministers and consuls judges of the Supreme Court and all other officers of the Confederate States whose appointments are not herein otherwise provided for and which shall be established by law but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone in the courts of law or in the heads of departments 3 The principal officer in each of the Executive Departments and all persons connected with the diplomatic service may be removed from office at the pleasure of the President All other civil officers of the Executive Departments may be removed at any time by the President or other appointing power when their services are unnecessary or for dishonesty incapacity inefficiency misconduct or neglect of duty and when so removed the removal shall be reported to the Senate together with the reasons therefor 4 The President shall have power to fill all vacancies that may happen during the recess of the Senate by granting commissions which shall expire at the end of their next session but no person rejected by the Senate shall be reappointed to the same office during their ensuing recess Section 3 1 The President shall from time to time give to the Congress information of the state of the Confederacy and recommend to their consideration such measures as he shall judge necessary and expedient he may on extraordinary occasions convene both Houses or either of them and in case of disagreement between them with respect to the time of adjournment he may adjourn them to such time as he shall think proper he shall receive ambassadors and other public ministers he shall take care that the laws be faithfully executed and shall commission all the officers of the Confederate States Section 4 1 The President Vice President

    Original URL path: http://history-world.org/constitution_of_the_confederate_.htm (2016-02-11)
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  • Dedication to The Revolutions of the Heavenly Bodies Nicolaus Copernicus 1543
    proof based only upon the apparent revolutions and motions For some employ concentric circles only others eccentric circles and epicycles and even by these means they do not completely attain the desired end For although those who have depended upon concentric circles have shown that certain diverse motions can be deduced from these yet they have not succeeded thereby in laying down any sure principle corresponding indisputably to the phenomena These on the other hand who have devised systems of eccentric circles although they seem in great part to have solved the apparent movements by calculations which by these eccentrics are made to fit have nevertheless introduced many things which seem to contradict the first principles of the uniformity of motion Nor have they been able to discover or calculate from these the main point which is the shape of the world and the fixed symmetry of its parts but their procedure has been as if someone were to collect hands feet a head and other members from various places all very fine in themselves but not proportionate to one body and no single one corresponding in its turn to the others so that a monster rather than a man would be formed from them Thus in their process of demonstration which they term a method they are found to have omitted something essential or to have included something foreign and not pertaining to the matter in hand This certainly would never have happened to them if they had followed fixed principles for if the hypotheses they assumed were not false all that resulted therefrom would be verified indubitably Those things which I am saying now may be obscure yet they will be made clearer in their proper place Therefore having turned over in my mind for a long time this uncertainty of the traditional mathematical methods of calculating the motions of the celestial bodies I began to grow disgusted that no more consistent scheme of the movements of the mechanism of the universe set up for our benefit by that best and most law abiding Architect of all things was agreed upon by philosophers who otherwise investigate so carefully the most minute details of this world Wherefore I undertook the task of re reading the books of all the philosophers I could get access to to see whether any one ever was of the opinion that the motions of the celestial bodies were other than those postulated by the men who taught mathematics in the schools And I found first indeed in Cicero that Niceta perceived that the Earth moved and afterward in Plutarch I found that some others were of this opinion whose words I have seen fit to quote here that they may be accessible to all Some maintain that the Earth is stationary but Philolaus the Pythagorean says that it revolves in a circle about the fire of the ecliptic like the sun and moon Heraklides of Pontus and Ekphantus the Pythagorean make the Earth move

    Original URL path: http://history-world.org/copernicus.htm (2016-02-11)
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  • Declaration of Independence
    He has refused for a long time after such dissolutions to cause others to be elected whereby the legislative powers incapable of annihilation have returned to the people at large for their exercise the state remaining in the mean time exposed to all the dangers of invasions from without and convulsions within He has endeavored to prevent the population of these states for that purpose obstructing the laws for naturalization of foreigners refusing to pass others to encourage their migration hither and raising the conditions of new appropriations of lands He has obstructed the administration of justice by refusing his assent to laws for establishing judiciary powers He has made judges dependent on his will alone for the tenure of their offices and the amount and payment of their salaries He has erected a multitude of new offices and sent hither swarms of officers to harass our people and eat out their substance He has kept among us in times of peace standing armies without the consent of our legislatures He has affected to render the military independent of and superior to the civil power He has combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws giving his assent to their acts of pretended legislation For quartering large bodies of armed troops among us For protecting them by a mock trial from punishment for any murders which they should commit on the inhabitants of these states For cutting off our trade with all parts of the world For imposing taxes on us without our consent For depriving us in many cases of the benefits of trial by jury For transporting us beyond seas to be tried for pretended offenses For abolishing the free system of English laws in a neighboring province establishing therein an arbitrary government and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies For taking away our charters abolishing our most valuable laws and altering fundamentally the forms of our governments For suspending our own legislatures and declaring themselves invested with power to legislate for us in all cases whatsoever He has abdicated government here by declaring us out of his protection and waging war against us He has plundered our seas ravaged our coasts burned our towns and destroyed the lives of our people He is at this time transporting large armies of foreign mercenaries to complete the works of death desolation and tyranny already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages and totally unworthy the head of a civilized nation He has constrained our fellow citizens taken captive on the high seas to bear arms against their country to become the executioners of their friends and brethren or to fall themselves by their hands He has excited domestic insurrection among us and has endeavored to bring on the inhabitants of our frontiers the merciless

    Original URL path: http://history-world.org/declaration_of_independence.htm (2016-02-11)
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  • Lincoln's 2nd Inaugural
    war All dreaded it all sought to avert it While the inaugural address was being delivered from this place devoted altogether to saving the Union without war urgent agents were in the city seeking to destroy it without war seeking to dissolve the Union and divide effects by negotiation Both parties deprecated war but one of them would make war rather than let the nation survive and the other would accept war rather than let it perish and the war came One eighth of the whole population were colored slaves not distributed generally over the Union but localized in the southern part of it These slaves constituted a peculiar and powerful interest All knew that this interest was somehow the cause of the war To strengthen perpetuate and extend this interest was the object for which the insurgents would rend the Union even by war while the Government claimed no right to do more than to restrict the territorial enlargement of it Neither party expected for the war the magnitude or the duration which it has already attained Neither anticipated that the cause of the conflict might cease with or even before the conflict itself should cease Each looked for an easier triumph and a result less fundamental and astounding Both read the same Bible and pray to the same God and each invokes His aid against the other It may seem strange that any men should dare to ask a just God s assistance in wringing their bread from the sweat of other men s faces but let us judge not that we be not judged The prayers of both could not be answered That of neither has been answered fully The Almighty has His own purposes Woe unto the world because of offenses for it must needs be

    Original URL path: http://history-world.org/lincolns_2nd_inaugural.htm (2016-02-11)
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  • Main Lincoln Page
    been filled with the blessings of fruitful fields and healthful skies To these bounties which are so constantly enjoyed that we are prone to forget the source from which they come others have been added which are of so extraordinary a nature that they cannot fail to penetrate and soften even the heart which is habitually insensible to the ever watchful providence of Almighty God In the midst of a civil war of unequaled magnitude and severity which has sometimes seemed to foreign States to invite and to provoke their aggression peace has been preserved with all nations order has been maintained the laws have been respected and obeyed and harmony has prevailed everywhere except in the theatre of military conflict while that theatre has been greatly contracted by the advancing armies and navies of the Union Needful diversions of wealth and of strength from the fields of peaceful industry to the national defense have not arrested the plough the shuttle or the ship the axe has enlarged the borders of our settlements and the mines as well of iron and coal as of the precious metals have yielded even more abundantly than heretofore Population has steadily increased notwithstanding the waste that has been made in the camp the siege and the battle field and the country rejoicing in the consciousness of augmented strength and vigor is permitted to expect continuance of years with large increase of freedom No human counsel hath devised nor hath any mortal hand worked out these great things They are the gracious gifts of the Most High God who while dealing with us in anger for our sins hath nevertheless remembered mercy It has seemed to me fit and proper that they should be solemnly reverently and gratefully acknowledged as with one heart and one

    Original URL path: http://history-world.org/proclamation_of_thanksgiving.htm (2016-02-11)
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  • Quotations of Thomas Jefferson
    death itself in vindication of his own liberty and the next moment inflict on his fellow men a bondage one hour of which is fraught with more misery than ages of that which he rose in rebellion to oppose Thomas Jefferson to Jean Nicholas Demeunier January 24 1786 yet the hour of emancipation is advancing this enterprise is for the young for those who can follow it up and bear it through to it s consummation it shall have all my prayers and these are the only weapons of an old man Thomas Jefferson to Edward Coles August 25 1814 the two principles on which our conduct towards the Indians should be founded are justice fear after the injuries we have done them they cannot love us Thomas Jefferson to Benjamin Hawkins August 13 1786 The expedition of Messrs Lewis Clarke for exploring the river Missouri the best communication from that to the Pacific ocean has had all the success which could have been expected Thomas Jefferson s Sixth Annual Message to Congress December 2 1806 I agree with you that it is the duty of every good citizen to use all the opportunities which occur to him for preserving documents relating to the history of our country Thomas Jefferson to Hugh P Taylor October 4 1823 I had rather be shut up in a very modest cottage with my books my family and a few old friends dining on simple bacon and letting the world roll on as it liked than to occupy the most splendid post which any human power can give Thomas Jefferson to Alexander Donald February 7 1788 Whenever the people are well informed they can be trusted with their own government that whenever things get so far wrong as to attract their notice they may

    Original URL path: http://history-world.org/quotations_of_thomas_jefferson.htm (2016-02-11)
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  • Jefferson on Slavery
    philanthropy and show how great a degree of the latter may be compounded with strong religious zeal He is often happy in the turn of his compliments and his style is easy and familiar except when he affects a Shandean fabrication of words But his imagination is wild and extravagant escapes incessantly from every restraint of reason and taste and in the course of its vagaries leaves a tract of thought as incoherent and eccentric as is the course of a meteor through the sky His subjects should often have led him to a process of sober reasoning yet we find him always substituting sentiment for demonstration Upon the whole though we admit him to the first place among those of his own colour who have presented themselves to the public judgment yet when we compare him with the writers of the race among whom he lived and particularly with the epistolary class in which he has taken his own stand we are compelled to enrol him at the bottom of the column This criticism supposes the letters published under his name to be genuine and to have received amendment from no other hand points which would not be of easy investigation The improvement of the blacks in body and mind in the first instance of their mixture with the whites has been observed by every one and proves that their inferiority is not the effect merely of their condition of life We know that among the Romans about the Augustan age especially the condition of their slaves was much more deplorable than that of the blacks on the continent of America The two sexes were confined in separate apartments because to raise a child cost the master more than to buy one Cato for a very restricted indulgence to his slaves in this particular took from them a certain price But in this country the slaves multiply as fast as the free inhabitants Their situation and manners place the commerce between the two sexes almost without restraint The same Cato on a principle of oeconomy always sold his sick and superannuated slaves He gives it as a standing precept to a master visiting his farm to sell his old oxen old wagons old tools old and diseased servants and every thing else become useless The American slaves cannot enumerate this among the injuries and insults they receive It was the common practice to expose in the island Esculapius in the Tyber diseased slaves whose cure was like to become tedious The emperor Claudius by an edict gave freedom to such of them as should recover and first declared that if any person chose to kill rather than expose them it should be deemed homicide The exposing them is a crime of which no instance has existed with us and were it to be followed by death it would be punished capitally We are told of a certain Vedius Pollio who in the presence of Augustus would have given a slave as food to his fish for having broken a glass With the Romans the regular method of taking the evidence of their slaves was under torture Here it has been thought better never to resort to their evidence When a master was murdered all his slaves in the same house or within hearing were condemned to death Here punishment falls on the guilty only and as precise proof is required against him as against a freeman Yet notwithstanding these and other discouraging circumstances among the Romans their slaves were often their rarest artists They excelled too in science insomuch as to be usually employed as tutors to their masters children Epictetus Terence and Phaedrus were slaves But they were of the race of whites It is not their condition then but nature which has produced the distinction Whether further observation will or will not verify the conjecture that nature has been less bountiful to them in the endowments of the head I believe that in those of the heart she will be found to have done them justice That disposition to theft with which they have been branded must be ascribed to their situation and not to any depravity of the moral sense The man in whose favour no laws of property exist probably feels himself less bound to respect those made in favour of others When arguing for ourselves we lay it down as a fundamental that laws to be just must give a reciprocation of right that without this they are mere arbitrary rules of conduct founded in force and not in conscience and it is a problem which I give to the master to solve whether the religious precepts against the violation of property were not framed for him as well as his slave And whether the slave may not as justifiably take a little from one who has taken all from him as he may slay one who would slay him That a change in the relations in which a man is placed should change his ideas of moral right or wrong is neither new nor peculiar to the colour of the blacks Homer tells us it was so 2600 years ago Jove fix d it certain that whatever day Makes man a slave takes half his worth away But the slaves of which Homer speaks were whites Notwithstanding these considerations which must weaken their respect for the laws of property we find among them numerous instances of the most rigid integrity and as many as among their better instructed masters of benevolence gratitude and unshaken fidelity The opinion that they are inferior in the faculties of reason and imagination must be hazarded with great diffidence To justify a general conclusion requires many observations even where the subject may be submitted to the anatomical knife to optical classes to analysis by fire or by solvents How much more then where it is a faculty not a substance we are examining where it eludes the research

    Original URL path: http://history-world.org/jefferson_on_slavery.htm (2016-02-11)
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  • The Magna Carta of England
    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 No scutage not 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 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 for 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 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 proceed 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 his 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 knight s fee or for any other free tenement than is due therefrom 17 Common pleas shall not follow our court but shall be held in some fixed place 18 Inquests of novel disseisin of mort d ancestor 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 four 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 and freeholders 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 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 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 of 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 the 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 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 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 removed 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 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 shall take corn or other provisions 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 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 service because of us 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 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 who 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 future 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 wit two ells within the selvedges of weights also let it be as of measures 36 Nothing in future shall be given or taken for awrit 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 land by knight s 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 knight s service We will not by reason 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 knight s service 38 No bailiff for the future shall upon his own unsupported complaint put 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 we 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 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 It shall be lawful in future for anyone 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 if 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 If anyone holding of some escheat such as the honor of Wallingford Nottingham Boulogne Lancaster or of other escheats which are in our hands and 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 Men who dwell without the forest need not henceforth come before our justiciaries of the forest upon a general summons unless they are in plea or sureties of one or more who are attached for the forest 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 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 All forests that have been made such in our time shall forthwith be disafforsted and a similar course shall be followed with regard to river banks that have been placed in defense by us in our time 48 All evil customs connected with forests and warrens foresters and warreners sheriffs and their officers river banks and their wardens shall immediately by 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 We will immediately restore all hostages and charters delivered to us by Englishmen as sureties of the peace of faithful service 50 We will entirely remove from their bailiwicks the relations of Gerard of 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 Geoffrey of Martigny with his brothers Philip Mark with his brothers and his nephew Geoffrey and the whole brood of the same 51 As soon as peace is restored we will banish from the kingdom all foreign born knights crossbowmen serjeants and mercenary soldiers who have come with horses and arms to the kingdom s hurt 52 If anyone 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 anyone 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 as 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 the expedition we will immediately grant full justice therein 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 the wardship of lands which are of the fief of another namely such wardships as we have hitherto had by reason of a fief which anyone held of us by knight s service and concerning abbeys founded on other fiefs than our own in which the lord of the fee 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 No one shall be arrested or imprisoned upon the appeal of a woman for the death of any other than her husband 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 whom mention is made below in the clause for securing the pease 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 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 the 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 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 and which we ought to warrant we will 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 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 We will do towards 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 towards our owher 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 Moreover all these aforesaid customs and liberties the observances of which we have granted in our kingdom as far as pertains to us towards our men shall be observed by all of our kingdom as well clergy as laymen as far as pertains to them towards their men 61 Since moveover 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 in complete and firm endurance forever 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

    Original URL path: http://history-world.org/magna.htm (2016-02-11)
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