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buses by King John caused a revolt by nobles who compelled him to execute this recognition of rig

r both noblemen and ordinary Englishmen. It established the principle that no one, including the ki

a lawmaker, is above the law.

The Magna Carta

(The Great Charter)reamble: John, by the grace of God, king of England, lord of Ireland, duke of Normandy and

quitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, forester

eriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having reg

God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor o

od and the advancement of his holy Church and for the rectifying of our realm, we have granted as

nderwritten by advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of all

ngland and cardinal of the holy Roman Church, Henry, archbishop of Dublin, William of London, P

Winchester, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of oventry, Benedict of Rochester, bishops; of Master Pandulf, subdeacon and member of the househo

our lord the Pope, of brother Aymeric (master of the Knights of the Temple in England), and of th

ustrious men William Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of Ware

illiam, earl of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitzerbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas

asset, Alan Basset, Philip d'Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and othe

ur liegemen.

In the first place we have granted to God, and by this our present charter confirmed for us and our

irs forever that the English Church shall be free, and shall have her rights entire, and her libertiesviolate; and we will that it be thus observed; which is apparent from this that the freedom of electio

hich is reckoned most important and very essential to the English Church, we, of our pure andnconstrained will, did grant, and did by our charter confirm and did obtain the ratification of the sam

om our lord, Pope Innocent III, before the quarrel arose between us and our barons: and this we wil

bserve, and our will is that it be observed in good faith by our heirs forever. We have also granted to

eemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and hel

em and their heirs, of us and our heirs forever.

If any of our earls or barons, or others holding of us in chief by military service shall have died, an

e time of his death his heir shall be full of age and owe "relief", he shall have his inheritance by thelief, to wit, the heir or heirs of an earl, for the whole barony of an earl by £100; the heir or heirs of

ron, £100 for a whole barony; the heir or heirs of a knight, 100s, at most, and whoever owes less le

m give less, according to the ancient custom of fees.

If, however, the heir of any one of the aforesaid has been under age and in wardship, let him have

heritance without relief and without fine when he comes of age.

The guardian of the land of an heir who is thus under age, shall take from the land of the heir noth

ut reasonable produce, reasonable customs, and reasonable services, and that without destruction or

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aste of men or goods; and if we have committed the wardship of the lands of any such minor to the

eriff, or to any other who is responsible to us for its issues, and he has made destruction or waster o

hat he holds in wardship, we will take of him amends, and the land shall be committed to two lawfu

d discreet men of that fee, who shall be responsible for the issues to us or to him to whom we shall

sign them; and if we have given or sold the wardship of any such land to anyone and he has thereinade destruction or waste, he shall lose that wardship, and it shall be transferred to two lawful and

screet men of that fief, who shall be responsible to us in like manner as aforesaid.

The guardian, moreover, so long as he has the wardship of the land, shall keep up the houses, parkshponds, stanks, mills, and other things pertaining to the land, out of the issues of the same land; an

all restore to the heir, when he has come to full age, all his land, stocked with ploughs and wainage

cording as the season of husbandry shall require, and the issues of the land can reasonable bear.

Heirs shall be married without disparagement, yet so that before the marriage takes place the neare

ood to that heir shall have notice.

A widow, after the death of her husband, shall forthwith and without difficulty have her marriage

ortion and inheritance; nor shall she give anything for her dower, or for her marriage portion, or for

heritance which her husband and she held on the day of the death of that husband; and she may remthe house of her husband for forty days after his death, within which time her dower shall be assigher.

No widow shall be compelled to marry, so long as she prefers to live without a husband; provided

ways that she gives security not to marry without our consent, if she holds of us, or without the con

the lord of whom she holds, if she holds of another.

Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the de

e sufficient to repay the debt; nor shall the sureties of the debtor be distrained so long as the princip

btor is able to satisfy the debt; and if the principal debtor shall fail to pay the debt, having nothing

herewith to pay it, then the sureties shall answer for the debt; and let them have the lands and rents e debtor, if they desire them, until they are indemnified for the debt which they have paid for him,

nless the principal debtor can show proof that he is discharged thereof as against the said sureties.

0. If one who has borrowed from the Jews any sum, great or small, die before that loan be repaid, th

bt shall not bear interest while the heir is under age, of whomsoever he may hold; and if the debt fato our hands, we will not take anything except the principal sum contained in the bond.

. And if anyone die indebted to the Jews, his wife shall have her dower and pay nothing of that deb

d if any children of the deceased are left under age, necessaries shall be provided for them in keepi

ith the holding of the deceased; and out of the residue the debt shall be paid, reserving, however,rvice due to feudal lords; in like manner let it be done touching debts due to others than Jews.

2. No scutage not aid shall be imposed on our kingdom, unless by common counsel of our kingdom

cept for ransoming our person, for making our eldest son a knight, and for once marrying our eldes

ughter; and for these there shall not be levied more than a reasonable aid. In like manner it shall be

one concerning aids from the city of London.

. And the city of London shall have all it ancient liberties and free customs, as well by land as by

ater; furthermore, we decree and grant that all other cities, boroughs, towns, and ports shall have al

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6. If anyone holding of us a lay fief shall die, and our sheriff or bailiff shall exhibit our letters paten

mmons for a debt which the deceased owed us, it shall be lawful for our sheriff or bailiff to attach

roll the chattels of the deceased, found upon the lay fief, to the value of that debt, at the sight of law

orthy men, provided always that nothing whatever be thence removed until the debt which is evide

all be fully paid to us; and the residue shall be left to the executors to fulfill the will of the decease

d if there be nothing due from him to us, all the chattels shall go to the deceased, saving to his wife

ildren their reasonable shares.

. If any freeman shall die intestate, his chattels shall be distributed by the hands of his nearest kinsd friends, under supervision of the Church, saving to every one the debts which the deceased owed

m.

. No constable or other bailiff of ours shall take corn or other provisions from anyone without

mmediately tendering money therefor, unless he can have postponement thereof by permission of th

ller.

9. No constable shall compel any knight to give money in lieu of castle-guard, when he is willing to

rform it in his own person, or (if he himself cannot do it from any reasonable cause) then by anoth

sponsible man. Further, if we have led or sent him upon military service, he shall be relieved fromuard in proportion to the time during which he has been on service because of us.

0. No sheriff or bailiff of ours, or other person, shall take the horses or carts of any freeman for

ansport duty, against the will of the said freeman.

. Neither we nor our bailiffs shall take, for our castles or for any other work of ours, wood which i

urs, against the will of the owner of that wood.

2. We will not retain beyond one year and one day, the lands those who have been convicted of felo

d the lands shall thereafter be handed over to the lords of the fiefs.

. All kydells for the future shall be removed altogether from Thames and Medway, and throughout

ngland, except upon the seashore.

4. The writ which is called praecipe shall not for the future be issued to anyone, regarding any tenem

hereby a freeman may lose his court.

. Let there be one measure of wine throughout our whole realm; and one measure of ale; and one

easure of corn, to wit, "the London quarter"; and one width of cloth (whether dyed, or russet, or

alberget"), to wit, two ells within the selvedges; of weights also let it be as of measures.

6. Nothing in future shall be given or taken for a writ of inquisition of life or limbs, but freely it shaanted, and never denied.

. If anyone holds of us by fee-farm, either by socage or by burage, or of any other land by knight's

rvice, we will not (by reason of that fee-farm, socage, or burgage), have the wardship of the heir, o

ch land of his as if of the fief of that other; nor shall we have wardship of that fee-farm, socage, or

urgage, unless such fee-farm owes knight's service. We will not by reason of any small serjeancy w

yone may hold of us by the service of rendering to us knives, arrows, or the like, have wardship of

ir or of the land which he holds of another lord by knight's service.

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. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his "law", with

edible witnesses brought for this purposes.

9. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will

o upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land

0. To no one will we sell, to no one will we refuse or delay, right or justice.

. All merchants shall have safe and secure exit from England, and entry to England, with the right

rry there and to move about as well by land as by water, for buying and selling by the ancient and rstoms, quit from all evil tolls, except (in time of war) such merchants as are of the land at war with

nd if such are found in our land at the beginning of the war, they shall be detained, without injury t

eir bodies or goods, until information be received by us, or by our chief justiciar, how the merchan

ur land found in the land at war with us are treated; and if our men are safe there, the others shall be

our land.

2. It shall be lawful in future for anyone (excepting always those imprisoned or outlawed in accordaith the law of the kingdom, and natives of any country at war with us, and merchants, who shall be

eated as if above provided) to leave our kingdom and to return, safe and secure by land and water,

cept for a short period in time of war, on grounds of public policy- reserving always the allegianceus.

. If anyone holding of some escheat (such as the honor of Wallingford, Nottingham, Boulogne,

ancaster, or of other escheats which are in our hands and are baronies) shall die, his heir shall give n

her relief, and perform no other service to us than he would have done to the baron if that barony h

en in the baron's hand; and we shall hold it in the same manner in which the baron held it.

4. Men who dwell without the forest need not henceforth come before our justiciaries of the forest u

general summons, unless they are in plea, or sureties of one or more, who are attached for the fores

. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm

d mean to observe it well.

6. All barons who have founded abbeys, concerning which they hold charters from the kings of 

ngland, or of which they have long continued possession, shall have the wardship of them, when

cant, as they ought to have.

. All forests that have been made such in our time shall forthwith be disafforsted; and a similar couall be followed with regard to river banks that have been placed "in defense" by us in our time.

. All evil customs connected with forests and warrens, foresters and warreners, sheriffs and theirficers, river banks and their wardens, shall immediately by inquired into in each county by twelve

worn knights of the same county chosen by the honest men of the same county, and shall, within for

ys of the said inquest, be utterly abolished, so as never to be restored, provided always that we

eviously have intimation thereof, or our justiciar, if we should not be in England.

9. We will immediately restore all hostages and charters delivered to us by Englishmen, as sureties

e peace of faithful service.

0. We will entirely remove from their bailiwicks, the relations of Gerard of Athee (so that in future

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all have no bailiwick in England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of 

hanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, Philip Mark with his brothers a

s nephew Geoffrey, and the whole brood of the same.

. As soon as peace is restored, we will banish from the kingdom all foreign born knights,

ossbowmen, serjeants, and mercenary soldiers who have come with horses and arms to the kingdom

urt.

2. If anyone has been dispossessed or removed by us, without the legal judgment of his peers, from

nds, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute

ise over this, then let it be decided by the five and twenty barons of whom mention is made below ie clause for securing the peace. Moreover, for all those possessions, from which anyone has, witho

e lawful judgment of his peers, been disseised or removed, by our father, King Henry, or by our

other, King Richard, and which we retain in our hand (or which as possessed by others, to whom w

e bound to warrant them) we shall have respite until the usual term of crusaders; excepting those th

out which a plea has been raised, or an inquest made by our order, before our taking of the cross; b

soon as we return from the expedition, we will immediately grant full justice therein.

. We shall have, moreover, the same respite and in the same manner in rendering justice concernine disafforestation or retention of those forests which Henry our father and Richard our broterforested, and concerning the wardship of lands which are of the fief of another (namely, such

ardships as we have hitherto had by reason of a fief which anyone held of us by knight's service), a

ncerning abbeys founded on other fiefs than our own, in which the lord of the fee claims to have ri

d when we have returned, or if we desist from our expedition, we will immediately grant full justic

l who complain of such things.

4. No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other th

r husband.

. All fines made with us unjustly and against the law of the land, and all amercements, imposednjustly and against the law of the land, shall be entirely remitted, or else it shall be done concerning

em according to the decision of the five and twenty barons whom mention is made below in the cla

r securing the pease, or according to the judgment of the majority of the same, along with the afore

ephen, archbishop of Canterbury, if he can be present, and such others as he may wish to bring wit

m for this purpose, and if he cannot be present the business shall nevertheless proceed without him

ovided always that if any one or more of the aforesaid five and twenty barons are in a similar suit,

all be removed as far as concerns this particular judgment, others being substituted in their places aving been selected by the rest of the same five and twenty for this purpose only, and after having b

worn.6. If we have disseised or removed Welshmen from lands or liberties, or other things, without the le

dgment of their peers in England or in Wales, they shall be immediately restored to them; and if a

spute arise over this, then let it be decided in the marches by the judgment of their peers; for the

nements in England according to the law of England, for tenements in Wales according to the law o

ales, and for tenements in the marches according to the law of the marches. Welshmen shall do the

me to us and ours.

. Further, for all those possessions from which any Welshman has, without the lawful judgment of

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ers, been disseised or removed by King Henry our father, or King Richard our brother, and which

tain in our hand (or which are possessed by others, and which we ought to warrant), we will have

spite until the usual term of crusaders; excepting those things about which a plea has been raised or

quest made by our order before we took the cross; but as soon as we return (or if perchance we des

om our expedition), we will immediately grant full justice in accordance with the laws of the Welshrelation to the foresaid regions.

. We will immediately give up the son of Llywelyn and all the hostages of Wales, and the charters

livered to us as security for the peace.

9. We will do towards Alexander, king of Scots, concerning the return of his sisters and his hostaged concerning his franchises, and his right, in the same manner as we shall do towards our owher ba

England, unless it ought to be otherwise according to the charters which we hold from William his

ther, formerly king of Scots; and this shall be according to the judgment of his peers in our court.

0. Moreover, all these aforesaid customs and liberties, the observances of which we have granted in

ngdom as far as pertains to us towards our men, shall be observed b all of our kingdom, as well cle

laymen, as far as pertains to them towards their men.

. Since, moveover, for God and the amendment of our kingdom and for the better allaying of theuarrel that has arisen between us and our barons, we have granted all these concessions, desirous th

ey should enjoy them in complete and firm endurance forever, we give and grant to them the

nderwritten security, namely, that the barons choose five and twenty barons of the kingdom,

homsoever they will, who shall be bound with all their might, to observe and hold, and cause to be

bserved, the peace and liberties we have granted and confirmed to them by this our present Charter,

at if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towa

yone, or shall have broken any one of the articles of this peace or of this security, and the offense b

otified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our

sticiar, if we are out of the realm) and, laying the transgression before us, petition to have thatansgression redressed without delay. And if we shall not have corrected the transgression (or, in the

ent of our being out of the realm, if our justiciar shall not have corrected it) within forty days,

ckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the real

e four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those fiv

d twenty barons shall, together with the community of the whole realm, distrain and distress us in a

ossible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, unti

dress has been obtained as they deem fit, saving harmless our own person, and the persons of our q

d children; and when redress has been obtained, they shall resume their old relations towards us. A

t whoever in the country desires it, swear to obey the orders of the said five and twenty barons for t

ecution of all the aforesaid matters, and along with them, to molest us to the utmost of his power; ae publicly and freely grant leave to everyone who wishes to swear, and we shall never forbid anyon

wear. All those, moveover, in the land who of themselves and of their own accord are unwilling to

wear to the twenty five to help them in constraining and molesting us, we shall by our command com

e same to swear to the effect foresaid. And if any one of the five and twenty barons shall have died

parted from the land, or be incapacitated in any other manner which would prevent the foresaid

ovisions being carried out, those of the said twenty five barons who are left shall choose another in

ace according to their own judgment, and he shall be sworn in the same way as the others. Further,

l matters, the execution of which is entrusted,to these twenty five barons, if perchance these twenty

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e present and disagree about anything, or if some of them, after being summoned, are unwilling or

nable to be present, that which the majority of those present ordain or command shall be held as fix

d established, exactly as if the whole twenty five had concurred in this; and the said twenty five sh

wear that they will faithfully observe all that is aforesaid, and cause it to be observed with all their

ight. And we shall procure nothing from anyone, directly or indirectly, whereby any part of thesencessions and liberties might be revoked or diminished; and if any such things has been procured,

void and null, and we shall never use it personally or by another.

2. And all the will, hatreds, and bitterness that have arisen between us and our men, clergy and lay, e date of the quarrel, we have completely remitted and pardoned to everyone. Moreover, all trespas

casioned by the said quarrel, from Easter in the sixteenth year of our reign till the restoration of pe

e have fully remitted to all, both clergy and laymen, and completely forgiven, as far as pertains to u

nd on this head, we have caused to be made for them letters testimonial patent of the lord Stephen,

chbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the bishops aforesaid, and of aster Pandulf as touching this security and the concessions aforesaid.

. Wherefore we will and firmly order that the English Church be free, and that the men in our king

ve and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quiet

lly and wholly, for themselves and their heirs, of us and our heirs, in all respects and in all placesrever, as is aforesaid. An oath, moreover, has been taken, as well on our part as on the art of the ba

at all these conditions aforesaid shall be kept in good faith and without evil intent.

iven under our hand - the above named and many others being witnesses - in the meadow which is

lled Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth ye

ur reign.

his is but one of three different translations I found of the Magna Carta; it was originally done in La

obably by the Archbishop, Stephen Langton. It was in force for only a few months, when it was

olated by the king. Just over a year later, with no resolution to the war, the king died, being succeed

y his 9-year old son, Henry III. The Charter (Carta) was reissued again, with some revisions, in 121217 and 1225. As near as I can tell, the version presented here is the one that preceeded all of the ot

arly all of it's provisions were soon superceded by other laws, and none of it is effective today.

he two other versions I found each professed to be the original, as well. The basic intent of each is t

me.

erald Murphy (The Cleveland Free-Net - aa300)

epared by Nancy Troutman (The Cleveland Free-Net - aa345). Distributed by the Cybercasting

ervices Division of the National Public Telecomputing Network (NPTN).

ermission is hereby given to download, reprint, and/or otherwise redistribute this file, provided

propriate point of origin credit is given to the preparer(s) and the National Public Telecomputing

etwork.

ext Version | Liberty Library | Home | Constitution Society

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E MAGNA CARTA

he Great Charter)

eamble:

hn, by the grace of God, king of England, lord of Ireland, duke of

rmandy and Aquitaine, and count of Anjou, to the archbishop, bishops,

bots, earls, barons, justiciaries, foresters, sheriffs, stewards,

rvants, and to all his bailiffs and liege subjects, greetings. Know

at, having regard to God and for the salvation of our soul, and those

all our ancestors and heirs, and unto the honor of God and the

vancement of his holy Church and for the rectifying of our realm, we

ve granted as underwritten by advice of our venerable fathers,

ephen, archbishop of Canterbury, primate of all England and cardinal

the holy Roman Church, Henry, archbishop of Dublin, William of

ndon, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh of

ncoln, Walter of Worcester, William of Coventry, Benedict of

chester, bishops; of Master Pandulf, subdeacon and member of the

usehold of our lord the Pope, of brother Aymeric (master of the

ights of the Temple in England), and of the illustrious men William

rshal, earl of Pembroke, William, earl of Salisbury, William, earl of

renne, William, earl of Arundel, Alan of Galloway (constable of

otland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgheneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas

sset, Alan Basset, Philip d'Aubigny, Robert of Roppesley, John

rshal, John Fitz Hugh, and others, our liegemen.

In the first place we have granted to God, and by this our present

arter confirmed for us and our heirs forever that the English Church

all be free, and shall have her rights entire, and her liberties

violate; and we will that it be thus observed; which is apparent from

is that the freedom of elections, which is reckoned most important and

ry essential to the English Church, we, of our pure and unconstrained

ll, did grant, and did by our charter confirm and did obtain the

tification of the same from our lord, Pope Innocent III, before the

arrel arose between us and our barons: and this we will observe, andr will is that it be observed in good faith by our heirs forever. We

ve also granted to all freemen of our kingdom, for us and our heirs

rever, all the underwritten liberties, to be had and held by them and

eir heirs, of us and our heirs forever.

If any of our earls or barons, or others holding of us in chief by

litary service shall have died, and at the time of his death his heir

all be full of age and owe "relief", he shall have his inheritance by

e old relief, to wit, the heir or heirs of an earl, for the whole

roncy of an earl by L100; the heir or heirs of a baron, L100 for a

ole barony; the heir or heirs of a knight, 100s, at most, and whoever

es less let him give less, according to the ancient custom of fees.

If, however, the heir of any one of the aforesaid has been under age

d in wardship, let him have his inheritance without relief and without

ne when he comes of age.

The guardian of the land of an heir who is thus under age, shall take

om the land of the heir nothing but reasonable produce, reasonable

stoms, and reasonable services, and that without destruction or waste

men or goods; and if we have committed the wardship of the lands of

y such minor to the sheriff, or to any other who is responsible to us

r its issues, and he has made destruction or waster of what he holds

wardship, we will take of him amends, and the land shall be committed

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. And the city of London shall have all it ancient liberties and free

stoms, as well by land as by water; furthermore, we decree and grant

at all other cities, boroughs, towns, and ports shall have all their

berties and free customs.

. And for obtaining the common counsel of the kingdom anent the

sessing of an aid (except in the three cases aforesaid) or of a

utage, we will cause to be summoned the archbishops, bishops, abbots,

rls, and greater barons, severally by our letters; and we will

veover cause to be summoned generally, through our sheriffs and

iliffs, and others who hold of us in chief, for a fixed date, namely,

ter the expiry of at least forty days, and at a fixed place; and in

l letters of such summons we will specify the reason of the summons.

d when the summons has thus been made, the business shall proceed on

e day appointed, according to the counsel of such as are present,

though not all who were summoned have come.

. We will not for the future grant to anyone license to take an aid

om his own free tenants, except to ransom his person, to make his

dest son a knight, and once to marry his eldest daughter; and on each

these occasions there shall be levied only a reasonable aid.

. No one shall be distrained for performance of greater service for a

ight's fee, or for any other free tenement, than is due therefrom.

. Common pleas shall not follow our court, but shall be held in some

xed place.

. Inquests of novel disseisin, of mort d'ancestor, and of darrein

esentment shall not be held elsewhere than in their own county courts,

d that in manner following; We, or, if we should be out of the realm,

r chief justiciar, will send two justiciaries through every county

ur times a year, who shall alone with four knights of the county

osen by the county, hold the said assizes in the county court, on the

y and in the place of meeting of that court.

. And if any of the said assizes cannot be taken on the day of theunty court, let there remain of the knights and freeholders, who were

esent at the county court on that day, as many as may be required for

e efficient making of judgments, according as the business be more or

ss.

. A freeman shall not be amerced for a slight offense, except in

cordance with the degree of the offense; and for a grave offense he

all be amerced in accordance with the gravity of the offense, yet

ving always his "contentment"; and a merchant in the same way, saving

s "merchandise"; and a villein shall be amerced in the same way,

ving his "wainage" if they have fallen into our mercy: and none of the

oresaid amercements shall be imposed except by the oath of honest men

the neighborhood.

. Earls and barons shall not be amerced except through their peers,

d only in accordance with the degree of the offense.

. A clerk shall not be amerced in respect of his lay holding except

ter the manner of the others aforesaid; further, he shall not be

erced in accordance with the extent of his ecclesiastical benefice.

. No village or individual shall be compelled to make bridges at river

nks, except those who from of old were legally bound to do so.

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. No sheriff, constable, coroners, or others of our bailiffs, shall

ld pleas of our Crown.

. All counties, hundred, wapentakes, and trithings (except our demesne

nors) shall remain at the old rents, and without any additional

yment.

. If anyone holding of us a lay fief shall die, and our sheriff or

iliff shall exhibit our letters patent of summons for a debt which the

ceased owed us, it shall be lawful for our sheriff or bailiff to

tach and enroll the chattels of the deceased, found upon the lay fief,

the value of that debt, at the sight of law worthy men, provided

ways that nothing whatever be thence removed until the debt which is

ident shall be fully paid to us; and the residue shall be left to the

ecutors to fulfill the will of the deceased; and if there be nothing

e from him to us, all the chattels shall go to the deceased, saving to

s wife and children their reasonable shares.

. If any freeman shall die intestate, his chattels shall be

stributed by the hands of his nearest kinsfolk and friends, under

pervision of the Church, saving to every one the debts which the

ceased owed to him.

. No constable or other bailiff of ours shall take corn or otherovisions from anyone without immediately tendering money therefor,

less he can have postponement thereof by permission of the seller.

. No constable shall compel any knight to give money in lieu of

stle-guard, when he is willing to perform it in his own person, or (if

himself cannot do it from any reasonable cause) then by another

sponsible man. Further, if we have led or sent him upon military

rvice, he shall be relieved from guard in proportion to the time

ring which he has been on service because of us.

. No sheriff or bailiff of ours, or other person, shall take the

rses or carts of any freeman for transport duty, against the will of

e said freeman.

. Neither we nor our bailiffs shall take, for our castles or for any

her work of ours, wood which is not ours, against the will of the

ner of that wood.

. We will not retain beyond one year and one day, the lands those who

ve been convicted of felony, and the lands shall thereafter be handed

er to the lords of the fiefs.

. All kydells for the future shall be removed altogether from Thames

d Medway, and throughout all England, except upon the seashore.

. The writ which is called praecipe shall not for the future be issuedanyone, regarding any tenement whereby a freeman may lose his court.

. Let there be one measure of wine throughout our whole realm; and one

asure of ale; and one measure of corn, to wit, "the London quarter";

d one width of cloth (whether dyed, or russet, or "halberget"), to

t, two ells within the selvedges; of weights also let it be as of

asures.

. Nothing in future shall be given or taken for a writ of inquisition

life or limbs, but freely it shall be granted, and never denied.

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. If anyone holds of us by fee-farm, either by socage or by burage, or

any other land by knight's service, we will not (by reason of that

e-farm, socage, or burgage), have the wardship of the heir, or of such

nd of his as if of the fief of that other; nor shall we have wardship

that fee-farm, socage, or burgage, unless such fee-farm owes knight's

rvice. We will not by reason of any small serjeancy which anyone may

ld of us by the service of rendering to us knives, arrows, or the

ke, have wardship of his heir or of the land which he holds of another

rd by knight's service.

. No bailiff for the future shall, upon his own unsupported complaint,

t anyone to his "law", without credible witnesses brought for this

rposes.

. No freemen shall be taken or imprisoned or disseised or exiled or in

y way destroyed, nor will we go upon him nor send upon him, except by

e lawful judgment of his peers or by the law of the land.

. To no one will we sell, to no one will we refuse or delay, right or

stice.

. All merchants shall have safe and secure exit from England, and

try to England, with the right to tarry there and to move about as

ll by land as by water, for buying and selling by the ancient andght customs, quit from all evil tolls, except (in time of war) such

rchants as are of the land at war with us. And if such are found in

r land at the beginning of the war, they shall be detained, without

jury to their bodies or goods, until information be received by us, or

our chief justiciar, how the merchants of our land found in the land

war with us are treated; and if our men are safe there, the others

all be safe in our land.

. It shall be lawful in future for anyone (excepting always those

prisoned or outlawed in accordance with the law of the kingdom, and

tives of any country at war with us, and merchants, who shall be

eated as if above provided) to leave our kingdom and to return, safe

d secure by land and water, except for a short period in time of war,grounds of public policy -- reserving always the allegiance due to

.

. If anyone holding of some escheat (such as the honor of Wallingford,

ttingham, Boulogne, Lancaster, or of other escheats which are in our

nds and are baronies) shall die, his heir shall give no other relief,

d perform no other service to us than he would have done to the baron

that barony had been in the baron's hand; and we shall hold it in the

me manner in which the baron held it.

. Men who dwell without the forest need not henceforth come before our

sticiaries of the forest upon a general summons, unless they are in

ea, or sureties of one or more, who are attached for the forest.

. We will appoint as justices, constables, sheriffs, or bailiffs only

ch as know the law of the realm and mean to observe it well.

. All barons who have founded abbeys, concerning which they hold

arters from the kings of England, or of which they have long continued

ssession, shall have the wardship of them, when vacant, as they ought

have.

. All forests that have been made such in our time shall forthwith be

safforsted; and a similar course shall be followed with regard to

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ver banks that have been placed "in defense" by us in our time.

. All evil customs connected with forests and warrens, foresters and

rreners, sheriffs and their officers, river banks and their wardens,

all immediately by inquired into in each county by twelve sworn

ights of the same county chosen by the honest men of the same county,

d shall, within forty days of the said inquest, be utterly abolished,

as never to be restored, provided always that we previously have

timation thereof, or our justiciar, if we should not be in England.

. We will immediately restore all hostages and charters delivered to

by Englishmen, as sureties of the peace of faithful service.

. We will entirely remove from their bailiwicks, the relations of

rard of Athee (so that in future they shall have no bailiwick in

gland); namely, Engelard of Cigogne, Peter, Guy, and Andrew of

anceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers,

ilip Mark with his brothers and his nephew Geoffrey, and the whole

ood of the same.

. As soon as peace is restored, we will banish from the kingdom all

reign born knights, crossbowmen, serjeants, and mercenary soldiers who

ve come with horses and arms to the kingdom's hurt.

. If anyone has been dispossessed or removed by us, without the legal

dgment of his peers, from his lands, castles, franchises, or from his

ght, we will immediately restore them to him; and if a dispute arise

er this, then let it be decided by the five and twenty barons of whom

ntion is made below in the clause for securing the peace. Moreover,

r all those possessions, from which anyone has, without the lawful

dgment of his peers, been disseised or removed, by our father, King

nry, or by our brother, King Richard, and which we retain in our hand

r which as possessed by others, to whom we are bound to warrant them)

shall have respite until the usual term of crusaders; excepting those

ings about which a plea has been raised, or an inquest made by our

der, before our taking of the cross; but as soon as we return from the

pedition, we will immediately grant full justice therein.

. We shall have, moreover, the same respite and in the same manner in

ndering justice concerning the disafforestation or retention of those

rests which Henry our father and Richard our brother afforested, and

ncerning the wardship of lands which are of the fief of another

amely, such wardships as we have hitherto had by reason of a fief

ich anyone held of us by knight's service), and concerning abbeys

unded on other fiefs than our own, in which the lord of the fee claims

have right; and when we have returned, or if we desist from our

pedition, we will immediately grant full justice to all who complain

such things.

. No one shall be arrested or imprisoned upon the appeal of a woman,r the death of any other than her husband.

. All fines made with us unjustly and against the law of the land, and

l amercements, imposed unjustly and against the law of the land, shall

entirely remitted, or else it shall be done concerning them according

the decision of the five and twenty barons whom mention is made below

the clause for securing the pease, or according to the judgment of

e majority of the same, along with the aforesaid Stephen, archbishop

Canterbury, if he can be present, and such others as he may wish to

ing with him for this purpose, and if he cannot be present the

siness shall nevertheless proceed without him, provided always that if

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y one or more of the aforesaid five and twenty barons are in a similar

it, they shall be removed as far as concerns this particular judgment,

hers being substituted in their places after having been selected by

e rest of the same five and twenty for this purpose only, and after

ving been sworn.

. If we have disseised or removed Welshmen from lands or liberties, or

her things, without the legal judgment of their peers in England or in

les, they shall be immediately restored to them; and if a dispute

ise over this, then let it be decided in the marches by the judgment

their peers; for the tenements in England according to the law of

gland, for tenements in Wales according to the law of Wales, and for

nements in the marches according to the law of the marches. Welshmen

all do the same to us and ours.

. Further, for all those possessions from which any Welshman has,

thout the lawful judgment of his peers, been disseised or removed by

ng Henry our father, or King Richard our brother, and which we retain

our hand (or which are possessed by others, and which we ought to

rrant), we will have respite until the usual term of crusaders;

cepting those things about which a plea has been raised or an inquest

de by our order before we took the cross; but as soon as we return (or

perchance we desist from our expedition), we will immediately grant

ll justice in accordance with the laws of the Welsh and in relation toe foresaid regions.

. We will immediately give up the son of Llywelyn and all the hostages

Wales, and the charters delivered to us as security for the peace.

. We will do towards Alexander, king of Scots, concerning the return

his sisters and his hostages, and concerning his franchises, and his

ght, in the same manner as we shall do towards our owher barons of

gland, unless it ought to be otherwise according to the charters which

hold from William his father, formerly king of Scots; and this shall

according to the judgment of his peers in our court.

. Moreover, all these aforesaid customs and liberties, the observanceswhich we have granted in our kingdom as far as pertains to us towards

r men, shall be observed b all of our kingdom, as well clergy as

ymen, as far as pertains to them towards their men.

. Since, moveover, for God and the amendment of our kingdom and for

e better allaying of the quarrel that has arisen between us and our

rons, we have granted all these concessions, desirous that they should

joy them in complete and firm endurance forever, we give and grant to

em the underwritten security, namely, that the barons choose five and

enty barons of the kingdom, whomsoever they will, who shall be bound

th all their might, to observe and hold, and cause to be observed, the

ace and liberties we have granted and confirmed to them by this our

esent Charter, so that if we, or our justiciar, or our bailiffs or anye of our officers, shall in anything be at fault towards anyone, or

all have broken any one of the articles of this peace or of this

curity, and the offense be notified to four barons of the foresaid

ve and twenty, the said four barons shall repair to us (or our

sticiar, if we are out of the realm) and, laying the transgression

fore us, petition to have that transgression redressed without delay.

d if we shall not have corrected the transgression (or, in the event

our being out of the realm, if our justiciar shall not have corrected

) within forty days, reckoning from the time it has been intimated to

(or to our justiciar, if we should be out of the realm), the four

rons aforesaid shall refer that matter to the rest of the five and

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enty barons, and those five and twenty barons shall, together with the

mmunity of the whole realm, distrain and distress us in all possible

ys, namely, by seizing our castles, lands, possessions, and in any

her way they can, until redress has been obtained as they deem fit,

ving harmless our own person, and the persons of our queen and

ildren; and when redress has been obtained, they shall resume their

d relations towards us. And let whoever in the country desires it,

ear to obey the orders of the said five and twenty barons for the

ecution of all the aforesaid matters, and along with them, to molest

to the utmost of his power; and we publicly and freely grant leave to

eryone who wishes to swear, and we shall never forbid anyone to swear.

l those, moveover, in the land who of themselves and of their own

cord are unwilling to swear to the twenty five to help them in

nstraining and molesting us, we shall by our command compel the same

swear to the effect foresaid. And if any one of the five and twenty

rons shall have died or departed from the land, or be incapacitated in

y other manner which would prevent the foresaid provisions being

rried out, those of the said twenty five barons who are left shall

oose another in his place according to their own judgment, and he

all be sworn in the same way as the others. Further, in all matters,

e execution of which is entrusted,to these twenty five barons, if

rchance these twenty five are present and disagree about anything, or

some of them, after being summoned, are unwilling or unable to be

esent, that which the majority of those present ordain or commandall be held as fixed and established, exactly as if the whole twenty

ve had concurred in this; and the said twenty five shall swear that

ey will faithfully observe all that is aforesaid, and cause it to be

served with all their might. And we shall procure nothing from anyone,

rectly or indirectly, whereby any part of these concessions and

berties might be revoked or diminished; and if any such things has

en procured, let it be void and null, and we shall never use it

rsonally or by another.

. And all the will, hatreds, and bitterness that have arisen between

and our men, clergy and lay, from the date of the quarrel, we have

mpletely remitted and pardoned to everyone. Moreover, all trespasses

casioned by the said quarrel, from Easter in the sixteenth year of ourign till the restoration of peace, we have fully remitted to all, both

ergy and laymen, and completely forgiven, as far as pertains to us.

d on this head, we have caused to be made for them letters testimonial

tent of the lord Stephen, archbishop of Canterbury, of the lord Henry,

chbishop of Dublin, of the bishops aforesaid, and of Master Pandulf as

uching this security and the concessions aforesaid.

. Wherefore we will and firmly order that the English Church be free,

d that the men in our kingdom have and hold all the aforesaid

berties, rights, and concessions, well and peaceably, freely and

ietly, fully and wholly, for themselves and their heirs, of us and our

irs, in all respects and in all places forever, as is aforesaid. An

th, moreover, has been taken, as well on our part as on the art of therons, that all these conditions aforesaid shall be kept in good faith

d without evil intent. Given under our hand - the above named and many

hers being witnesses - in the meadow which is called Runnymede,

tween Windsor and Staines, on the fifteenth day of June, in the

venteenth year of our reign.

----------------------------------

is is but one of three different translations I found

the Magna Carta; it was originally done in Latin,

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obably by the Archbishop, Stephen Langton. It was in

rce for only a few months, when it was violated by the

ng. Just over a year later, with no resolution to the

r, the king died, being succeeded by his 9-year old son,

nry III. The Charter (Carta) was reissued again, with

me revisions, in 1216, 1217 and 1225. As near as I can

ll, the version presented here is the one that preceeded

l of the others; nearly all of it's provisions were soon

perceded by other laws, and none of it is effective today.

e two other versions I found each professed to be the

iginal, as well. The basic intent of each is the same.

Gerald Murphy (The Cleveland Free-Net - aa300)

----------------------------------

epared by Nancy Troutman (The Cleveland Free-Net - aa345)

stributed by the Cybercasting Services Division of the

National Public Telecomputing Network (NPTN).

rmission is hereby given to download, reprint, and/or otherwise

redistribute this file, provided appropriate point of origin

credit is given to the preparer(s) and the National Public

Telecomputing Network.

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Liberty Libraryof 

Constitutional Classicshe following is a list of the classic books and other works on constitutional government, which we

ther include in our collection, or plan to add.

egend: If more than one file format available, click on the button to get the indicatedrmat:

 HTML | Text | Zipped WP | Adobe PDF | RTF | MS Word | Image

 Library Guides — Various analyses of key ideas and how they were advanced by some of

works in this collection.

1.

Code of Hammurabi (~1780 BCE) — Early Mesopotamian legal code laid basis for lat

Hebraic and European law.

2.

Ancient Greek and Latin Library — Selected works on ancient history, customs and law3.

 Institutes, Justinian (533) — The main part of the Corpus Juris Civilis the other parts being th

 Digest , Code, and Novels, which codified Roman Law. In Latin and English.

4.

Constitutions of Clarendon (1164) — Established rights of laymen and the church in

England.

5.

Assize of Clarendon (1166) — Defined rights and duties of courts and people in crimin

cases.

6.

Assize of Arms (1181) — Defined rights and duties of people and militias.7.

 Magna Carta (1215) — Established the principle that no one, not even the king or a

lawmaker, is above the law.

8.

Confirmatio Cartarum (1297) — United Magna Carta to the common law by declaring

that the Magna Carta could be pled in court.

9.

On the Laws and Customs of England , Henry de Bracton (1268) — First codification of Engl

common law.

10.

Summa Theologica, St. Thomas Aquinas (1265-1273) — Discusses foundations of law and justice.

11.

The Declaration of Arbroath (1320) — Scotland's declaration of independence from

England.

12.

The Prince, Niccolo Machiavelli (1513) — Practical advice on governance and statecra

with thoughts on the kinds of problems any government must be able to solve to endure.

13.

Utopia, Thomas More (1516) — Satirical analysis of shortcomings of his society and a

vision of what could be.

14.

iberty Library of Constitutional Classics

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   Discourses on Livy, Niccolo Machiavelli (1517 tr. Henry Neville 1675) — Argues for th

ideal form of government being a republic based on popular consent, defended by militia.

15.

 Britton, (~1530) — Abridged, updated, more readable, and more widely used codification bas

on Bracton, originally in the French of the English court, reflecting changes in the law, includi

changes in juries.

16.

 Relectiones, Franciscus de Victoria (lect. 1532, first pub. 1557) — Includes De Indis an

iure belli, arguing for humane treatment of native Americans and of enemies in war. Provided

basis for the law of nations doctrine.

17.

 In Defense of the Indians, Bartolomé de Las Casas (~1548) — Argues for respecting the righ

Native Americans.

18.

Six Books of the Commonwealth, Jean Bodin (~1590 tr. Richard Knolles 1606, tr. & ab

M.J. Tooley 1955) — Originated modern ideas of sovereignty, the state, and citizenship.

19.

 Politica, Johannes Althusius (1614) — First presented a comprehensive theory of federal

republicanism based on a covenantal model of human society.

20.

The Mayflower Compact (1620) — One of the first expressions of the social contract i

written form.

21.

On Laws of War and Peace, Hugo Grotius (1625) — Sets out principles of natural law and thelaws of nations.

22.

The New Atlantis, Francis Bacon (1627) — Utopian vision of support for scientific

research as a foundation of good government.

23.

The First Part of the Institutes of the Laws of England , Sir Edward Coke (1628) — Further

codification of English common law.

24.

The Petition of Right (1628) — The objectives of the reform movement that led to the

English Civil War and the deposing of Charles I.

25.

Fundamental Orders of Connecticut (1639) — The first written constitution.26.

Massachusetts Body of Liberties (1641) — Early written expression of the liberties

asserted by the colonists in reaction to the oppressions of European governments.

27.

A Plea for Religious Liberty, Roger Williams (1644) — Early expression of the princip

of religious tolerance by the founder of the colony of Rhode Island.

28.

On Liberty, John Winthrop (1645) — Discusses liberties demanded by the colonists.29.

Selected Works of the Levellers (1645-9) — Militia leaders who sought legal reforms latesought by the American Revolution and embodied in the U.S. Constitution and Bill of Rights.

Includes An Agreement of the Free People of England , an early attempt at a republican

constitution.

30.

The Citizen, Thomas Hobbes (1641-47) — Discussion of the natural law foundations of

government.

31.

 Leviathan, Thomas Hobbes (1651) — Laid basis for social contract theory, providing

branching point for the theories of constitutionalism and fascism.

32.

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Selected Political Works of John Milton — Includes Tenure of Kings and Magistrates (1649

and Defense of the People of England  (1651).

33.

The Commonwealth of Oceana, James Harrington (1656) — Outline of a plan for republic

government.

34.

Vindiciae Contra Tyrannos, "Junius Brutus" (1660) — In 1683 it was ordered to be bur35.

Theologico-Political Treatise, Baruch de Spinoza (1670) — Discussed the ultimate source of 

legitimate political power.

36.

On the Duty of Man and Citizen According to Natural Law, Samuel Pufendorf (1673,

tr. Frank Gardner Moore) — Based law and right on natural law.

37.

The Law of Nature and of Nations, Samuel Pufendorf (1674, tr. Basil Kennett 1703) — Deriv

 justice and the law of nations from natural law.

38.

Bacon's Declaration in the Name of the People (1676) — The manifesto of a rebellion

Virginia led by Nathaniel Bacon.

39.

 Political Treatise, Baruch de Spinoza (1677) — Constitutional considerations of variou

forms of government, including ideas that later influenced the Founders.

40.

 Habeas Corpus Act (1679) — English Parliament established key right.41.

 Plato Redivivus, Henry Neville (1681) — Argued for limits on the powers of governme42.

Frame of Government of Pennsylvania, William Penn (1682) — Early model for writ

constitutions.

43.

English Bill of Rights (1689) — Early model for recognizing natural rights in writing.

Much of its language appeared later in the Declaration of Independence and U.S. Constitution

44.

Second Treatise on Government, John Locke (1689) — Principal proponent of the soci

contract theory which forms the basis for modern constitutional republican government.

45.

 A Letter Concerning Toleration, John Locke (1689) — Classic statement of the case fo

toleration of those holding different views.

46.

 A Discourse of Government with Relation to Militias, Andrew Fletcher (1698) — Anal

importance of the militia to legitimate government, law enforcement, and national defense.

47.

 Discourses Concerning Government, Algernon Sidney (1698) — Built principles of popul

government from foundation of natural law and the social contract.

48.

Constitution of the Iroquois Confederacy — A model for a federal system of governme

for several Native American nations, it influenced Franklin's proposed Albany Plan of Union.

49.

 Abridgement of the Project for Perpetual Peace, Abbé Charles de Saint-Pierre (1713) — Plan

peace in Europe.

50.

Selected Works of Walter Moyle, (~1696-1721, pub. 1796) — Includes Constitution of th

 Roman State, a commentary on English constitutional issues from a Whig perspective.51.

Selections from Cato's Letters, John Trenchard and Thomas Gordon (1720-23) — English

newspaper articles advocating Whig principles, which much influenced the American colonist

52.

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  Questions of Public Law, Cornelius van Bynkershoek (1737) — Develops the law of 

nations and constitutional (public) law beyond Grotius and Pufendorf.

53.

 An account of Denmark, as it was in the year 1692, Robert Molesworth (5th ed. 1745) —

Commentary on Denmark that is really a commentary on constituitonal issues in England.

54.

The Principles of Natural and Politic Law, J. Burlamaqui (1748, tr. Thomas Nugent 17

— Commentary on the natural law ideas of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke,

Clarke, and Hutchinson.

55.

The Spirit of Laws, Charles de Montesquieu, (1748, tr. Thomas Nugent 1752) — Laid t

foundations for the theory of republican government, particularly the concepts of the separatio

powers into legislative, executive, and judicial, a federal republic, representatives elected from

political subdivisions, a bicameral legislature, and a system of checks and balances.

56.

Selected Essays of David Hume, (1754) — Includes "Idea of a Perfect Commonwealth",

which inspired the federal design of the U.S. Constitution.

57.

Albany Plan of Union, Benjamin Franklin (1754) — An early model for union that laid

foundation for what would eventually become the federal union.

58.

In Defense of a Plan for Colonial Union, Benjamin Franklin (1754) — Arguments in f

of the Albany Plan of Union, which was rejected as too democratic.

59.

Selected Political Works of Jean Jacques Rousseau, (1754-1772) — Includes Social

Contract  and A Discourse on Political Economy.

60.

The Law of Nations, Emmerich de Vattel (1758) — Based constitutional and civil law o

the law of nations.

61.

Selected Works of Voltaire, (~1764) — Includes The Philosophy of History and A Treatise o

Toleration.

62.

The Declaration of Rights of the Stamp Act Congress (1765) — Developed the conce

that people could not legitimately be taxed except by their elected representatives.

63.

The Declaratory Act (1766) — The English Parliament repealed the Stamp Act, butcouldn't leave well enough alone, and adopted this statement of parliamentary supremacy over

British colonies.

64.

On Crimes and Punishments, Cesare Beccaria (1764) — Set out rights of the accused in

criminal proceedings. Argues for crime prevention over punishment, and against the death penand torture.

65.

 An Essay on the History of Civil Society, Adam Ferguson (1767) — The evolution of 

societies and their forms of government.

66.

Camden, Mansfield and the English Constitution — The rivalry between two British jur

helped provoke the American Revolution and shaped the evolution of the jury system in both

Britain and the United States.

67.

 Letters of Junius, Unknown (1767-72) — Letters from an English Whig and ally of Lord Cam

against the efforts of Lord Mansfield to restrict the role of juries, and on other constitutional

topics.

68.

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Selected Political Works of Joseph Priestley — Includes First Principles of Government  (17

and Present State of Liberty (1769).

69.

The English Constitution, John Louis De Lolme (1771) — Discusses separation of powers, th

 jury system, and habeas corpus.

70.

The Rights of the Colonists, Samuel Adams (1772) — The Report of the Committee of

Correspondence to the Boston Town Meeting.

71.

Declaration of Colonial Rights, First Continental Congress (1774) — Developed theprinciples being violated by British rule.

72.

 Political Disquisitions, James Burgh (1775) — Constitutional thinking of an English Whig.73.

Declaration of Taking Up Arms, Second Continental Congress (1775) — Last step bef

declaring independence.

74.

On Civil Liberty, Passive Obedience, and Nonresistance, Jonathan Boucher (1775) —

Urged obedience to established authority, representing statist view of constitutional principles

75.

Selected Writings of Thomas Paine — Includes Common Sense (1776) and Rights of Man

(1792).

76.

The Virginia Declaration of Rights (1776) — Further developed principles being violaby British rule, adopted as part of Virginia Constitution. Contains accepted definition of militia

77.

U.S. Declaration of Independence (1776) — Classic statement of what constitutes

legitimate government and under what conditions men were justified in resorting to armed

revolution to change it.

78.

Selected Political Works of Richard Price — Includes Civil Liberty (1776) and

 Importance of the American Revolution (1784).

79.

Articles of Confederation — First attempt to form a common government for the newlindependent states.

80.

Civil Government, Josiah Tucker (1781) — Critique of English constitution and commentary o

Locke.

81.

The Principles of Morals and Legislation, Jeremy Bentham (1781) — Introduced

utilitarianism, to provide a better theoretical foundation for penal statutory law than natural law

theory.

82.

 Metaphysics of Morals, Immanual Kant (1785) — Set out the Categorical Imperative doctrine

right based on natural law

   Introduction to the ..., tr. W. Hastie (1785)1.

 Fundamental Principles of the ..., tr. Thomas Kingsmill Abbott (1785)2.

83.

The Northwest Ordinance (1787) — Model for administration of common territory no

a part of any state.

84.

Constitutional Ratification Debates

   Debates in the Federal Convention of 1787 , James Madison. — These are the

proceedings of the Constitutional Convention held in Philadelphia, an essential guide to

1.

85.

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interpreting the intent of the Framers.

  Constitution for the United States (1787) — Annotated and linked to other

documents in this collection.

2.

The Federalist Papers, James Madison, Alexander Hamilton, John Jay (1787-88)

Arguments for ratification of the proposed Constitution.

3.

Anti-Federalist Papers (1787-89) — Various essays criticizing the proposed

Constitution and urging changes.

4.

The Debates in the Several Conventions on the Adoption of the Federal Constitutio

Jonathan Elliot (1836) — A collection of documents, including proceedings of the ratifystate conventions.

5.

 Documentary History of the Constitution of the United States of America, U.S. Sta

Department (1894, 1900) — A collection of documents, including some not in Elliot's

Debates or the other works listed.

6.

Documentary History of the Bill of Rights — From the English Bill of Rights throu

the proposed amendments of the state ratifying conventions to the drafts debated in

Congress before adopting the final version.

7.

Selected Essays from the Founding Period  — Lectures, newspaper articles, and sermon

which reflect the understanding of constitutional issues during the founding period.

8.

 A Defense of the Constitutions of Government of the United States of America, John Ada

(1787-89) — Argued for a broad interpretation of national powers. Comprehensive collection

quotes from political philosophers and historians that influenced the Founders.

86.

 Declaration of the Rights of Man and the Citizen (Marquis de Lafayette, Thomas Jefferso

1789) — Manifesto of the French Revolution, expressing its ideals.

87.

Selected Works of Edmund Burke (1788-92) — Commentary on the American and French

Revolutions and the political issues they raised.

88.

The Declaration of the Rights of Women, Olympe de Gouge (1790) — Statement of an early

feminist.

89.

 A Vindication of the Rights of Women, Mary Wollstonecraft (1792) — Set forth the

arguments for women's rights. Mother of Mary Wollstonecraft Shelley, the author of Frankens

90.

 Perpetual Peace, Immanual Kant (1795) — Further discussion of natural right and the p

for peace.

91.

Federalist-Republican Debates 1792-1800

  Against the Constitutionality of the Bank of the United States, Thomas Jeffers1.

For the Constitutionality of the Bank of the United States , Alexander Hamilto2.

The Virginia Report, J.W. Randolph, ed. (1850) — Documents and commentary aris

out of the controversies attending the Alien and Sedition Acts, including the Kentucky

 Resolutions of 1798 and 1799 and the Virginia Resolution of 1798, which set forth the

"Doctrine of '98" concerning constitutional interpretation, and led to the "Revolution of 

3.

92.

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1800", the dominance of the Jeffersonians, and the demise of the Federalist Party.

  First Inaugural Address, Thomas Jefferson (1801) — Represents the triumph of

strict constructionists following the excesses represented by the Alien and Sedition Acts

4.

Selected Works of Thomas Jefferson — Includes complete Writings of Thomas Jefferso

Albert Ellery Bergh, ed., 19 vol. (1905).

93.

Selected Works of James Madison — Selected writings bearing on constitutional

interpretation.

94.

Tucker's Blackstone, St. George Tucker (1803) — The Commentaries on the Laws of Engl

by William Blackstone (1769), with additional commentaries by Tucker adapting the commonto the needs of the U.S. Constitution.

95.

Dallas, Cranch and Wheaton — Three successive collections of U.S. Supreme Court decisio

covering 1789-1816.

96.

 An Inquiry into the Principles and Policy of the Government of the United States, John Tayl

(1814) — A response to John Adams' A Defense of the Constitutions of Government of the Un

States of America.

97.

The Olive Branch: or, Faults on Both Sides, Federal and Democratic..., Matthew Carey (18— Treatise on the constitutional issues dividing the federalists and democrats.

98.

Construction Contrued and Constitutions Vindicated , John Taylor (1820) — A response to so

of the misconstructions of the Constitution by the Marshall Court.

99.

The Elements of the Art of Packing, As Applied to Special Juries, Particularly in Cases of L

 Law, Jeremy Bentham (written 1809, published 1821) — Critical treatise on abuses of the Eng

 jury system and ways to reform it, which provides a historical background to practices that

continue to this day. The first publisher in 1817 of excerpts from this work was prosecuted twi

for doing so, and the second three times, but in each attempt, juries acquitted them.

00.

Commentaries on American Law, James Kent (1826) — Kent's Commentaries succeeded

Tucker's Blackstone by reformulating the relevant content of Blackstone's Commentaries and

integrating Common Law with Constitutional Law up to that time.

01.

 A View of the Constitution, William Rawle (1829) — Early commentary on the

Constitution and how it should be interpreted. Made point that the Bill of Rights also applied t

states, something that would later be denied, then partially reassserted by the 14th Amendmen

the doctrine of (selective) incorporation.

02.

 An Historical Essay on the Magna Charta, Richard Thomson (1829) — Definitive commenta

on the fundamental documents, including the Magna Charta, the Charters of Liberties andConfirmations of Henry III and Edward I, and the Original Charter of the Forests, and their

relation to the common law.

03.

Hayne-Webster Debate (1830) — Debates between Daniel Webster, representing a broade

construction of federal powers, and Robert Y. Hayne, representing strict construction and the

views of John C. Calhoun.

04.

Selected Works of John C. Calhoun, (1831) — Includes "A Disquisition on Government" an

"A Discourse on the Constitution and Government of the United States". Developed the doctri

of concurrent majority, interposition, nullification and state secession, to correct what he

05.

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perceived as a defect in the design of the Constitution that permits a persistent majority to

dominate all three branches of government and legislate against the interests of a minority to th

point where they would consider their rights violated.

 Commentaries on the Constitution of the United States, Joseph Story (1833) — Authorita

commentaries by an early Supreme Court justice who helped shape interpretation of the

Constitution for the next century.

06.

On Democracy in America, Alexis de Toqueville (1835, 1840) — Discusses the society that

makes republican government work and how it is shaped by that form of government.

07.

 A Brief Enquiry into the True Nature and Character of our Federal Government, ..., A

Parker Upshur (1840, 1868) — A review of Joseph Story's Commentaries on the Constitution

the United States, arguing against some of Story's expansive interpretations of national powers

08.

Man the Reformer, Ralph Waldo Emerson (1841).09.

Civil Disobedience, Henry David Thoreau (1849) — Discusses duty of individuals to re

government excesses.

10.

The Law, Frederick Bastiat (1850) — Classic treatment of one of the main challenges to th

survival of democratic government.

11.

Bouvier Law Dictionary, John Bouvier (1856). Also available as two self-extracting

executables: Part 1 and Part 2.

12.

On Liberty, John Stuart Mill (1860) — Develops a theory of civil liberties and discusses

what rights should be recognized and protected.

13.

 Representative Government, John Stuart Mill (1861) — Discusses various representatio

methods and the advantages and difficulties with each.

14.

Commentaries on the Criminal Law, 6th Ed. Vol. 1, Joel P. Bishop (1865) — Discussion of t

limits on the constitutional authority to impose criminal penalites in various jurisdictions.

15.

 Manual of the Constitution of the United States of America, T. Farrar (1867) — Provides a v

of the state of constitutional interpretation as of that time.

16.

The Constitution of the United States: Defined & Carefully Annotated , George W. Paschal

(1868) — Interpretative citations for each clause and term in the Constitution.

17.

 An Introduction to the Constitutional Law of the United States, John N. Pomeroy (1868)

Commentary on the state of constitutional jurisprudence during the Reconstruction Period, wit

guidance on interpretation of the Fourteenth Amendment.

18.

 A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Powers of ThStates of the American Union, Thomas M. Cooley (1868, 1883) — Commentary reflecting

constitutional thought at the time.

19.

The Subjection of Women, John Stuart Mill (1869) — Argues for full equality of wome20.

Documents and Commentary on Slavery, Secession, the Confederate States of Americ

and the Civil War.

21.

 History of Trial by Jury, William Forsyth. (1875) — Tells story of how it evolved, as seen by

legal scholar who missed the point that juries were established because judges and prosecutors

22.

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cannot be trusted.

 History of the Formation of the Constitution of the United States of America, George Bancro

(1883) — Presents much background information on the people and events that shaped the

Constitution.

23.

The General Principles of Constitutional Law in the United States of America, Thomas M.Cooley (1891) — Commentary reflecting constitutional thought at the time.

24.

The Evolution of the Constitution of the United States, Sydney George Fisher (1897). Traces

each of the clauses of the U.S. Constitution back to previous colonial government documents.

25.

The History of English Law, Pollock and Maitland (1898) — Definitive study of the foundati

of the Anglo-American legal system.

26.

The Grand Jury, George J. Edwards (1906) — Classic treatise on the grand jury, unequ

to this day.

27.

The Moral Equivalent of War, William James (1906) — Seeks solution to problem of h

to sustain political unity and civic virtue without war or a credible threat.

28.

Select Essays in Anglo-American Legal History, Freund, Mikell, & Wigmore, ed. (1907) —

Classic essays on legal foundations and theory.

29.

 Federal Usurpation, Franklin Pierce (1908) — Historical and constitutional analysis of

corruption, zealotry, and incompetence combined to violate the Constitution.

30.

Black's Law Dictionary. 2nd Edition, 1910 — Standard reference for legal terminology.31.

 Robert's Rules of Order Revised , Henry Robert (1915) — Essential manual for

parliamentarians of deliberative assemblies.

32.

Constitutional Conventions, Roger Sherman Hoar (1917) — Treatise on the way a body

politic manifests its sovereignty.

33.

 Recent Changes in American Constitutional Theory, John W. Burgess (1923) —

Constitutional scholar surveys departures from constitutional compliance from 1898 through 1

34.

The Revival of Natural Law Concepts, Charles Grove Haines (1930) — Review of natu

law theory as the foundation of constitutional law.

35.

Undermining the Constitution, Thomas James Norton (1950) — Constitutional scholar

examines departures from constitutional compliance arising from New Deal.

36.

 Jurisdiction over Federal Areas within the States — Report of the Interdepartmenta

Committee for the Study of Jurisdiction over Federal Areas within the States (1956).

37.

 Freedom's Frontier — Atlantic Union Now, Clarence K. Streit (1962) — Classic

treatise on international conflict and federalism. Also see a Review by Jon Roland.

38.

 Militia Treatises, James B. Whisker — Standard references on the subject. Includes The M

(1992) and The American Colonial Militia (1997).

39.

Selected Works on Tyranny — To understand the principles of constitutional republicangovernment, one must understand the principles of its opposite.

40.

Selected U.S. Supreme Court Decisions — Includes commentaries on the rulings and the41.

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opinions.

Selected U.S. Appellate Court Decisions — Includes commentaries on the rulings and the

opinions.

42.

Constitutional Commentary Collection — Books, anthologies, and essays.43.

Legal Briefs Collection — Organized by subject.44.

Law Review Article Collection — Organized by subject.45.

U.S. State Constitutions and Web Sites46.

National Constitutions — The supreme laws of many of the most important countries, for

comparative analysis.

47.

or contributions to and suggestions for additional items to be added to this collection, contact editor

oland, liberty.librarian@constitution.org We plan to make this collection available on CD-ROM wh

is more complete.

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Jefferson

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