Magna Carta

Política, Literatura, Amores, Ódios, e o que mais se entender. À séria. Sem pressas. Por Rui Fernando Santos e-mail: acausa@runbox.com

sábado, janeiro 03, 2004

Adeus até ao meu regresso. 

Para se fazer as coisas à séria e sem pressas, convém ter tempo.
Coisa que me falta.
Em excesso.
Por esse motivo, a magnacarta despede-se e deseja a todos uma boa noite.
Irra, pois como diria o outro, vou "Em busca do tempo perdido".
Grato a todos os que apareceram por estas bandas.

Rui F. Santos
posted by Rui  # 21:07

Jardim das delícias. 

Confesso que não sei apreciar pintura. No sentido moderno da equação, claro está. Existem novos-ricos e velhos-idiotas que apreciam o acessório que rodeia a arte. Os fogos-fátuos, os cometas que cedo se extinguem, um bafo de rápido vapor que se perde. Perco-me nas cambiantes, nas tonalidades, ignoro os reflexos, etc e tal. O surrealismo e demais correntes que apelam a partes recônditas do nosso inconsciente, irritam-me e arrefecem-me a paixão.
Como na vida e na literatura, as coisas devem ser como são. Hyeronimus Bosch é o melhor exemplo disso. Céu e Inferno, maldição e perdição, condenação e boas graças. Bosch foi antes de mais um escritor que resolveu contar histórias recorrendo à paleta. E fê-lo como ninguém. Em Portugal, temos um oásis de bom-gosto, que se encontra no Museu Nacional de Arte Antiga, onde está em exposição um dos painéis do triptíco de "As tentações de Santo António", datado de 1505-06. Bosch, ou El Bosco, é o preferido aqui da casa.

Obras completas em: http://www.artehistoria.com/frames.htm?http://www.artehistoria.com/genios/pintores/a1360.htm
posted by Rui  # 16:25

O verdadeiro muro. 

Um artigo da Slate, de Stewart Baker, sobre uma das grandes batalhas da actualidade:
inteligência vs. medo

Wall Nuts
The wall between intelligence and law enforcement is killing us.
By Stewart Baker
Posted Wednesday, Dec. 31, 2003, at 1:01 PM PT

Earlier this month, as fears of new al-Qaida attacks mounted, the Justice Department announced new FBI guidelines that would allow intelligence and law enforcement agents to work together on terrorism investigations. An ACLU spokesman was quick to condemn the guidelines as creating the possibility of "an end run around Fourth Amendment requirements." I used to worry about that possibility myself. Not any more. Because the alternative is to maintain a wall of separation between law enforcement and intelligence. That's what we used to do. And on Sept. 11, 2001, that wall probably cost us 3,000 American lives.

There's a quiet scandal at the heart of Sept. 11; one that for different reasons neither the government nor the privacy lobby really wants to talk about. It's this: For two and a half weeks before the attacks, the U.S. government knew the names of two hijackers. It knew they were al-Qaida killers and that they were already in the United States. In fact, the two were living openly under their own names, Khalid al-Mihdhar and Nawaf al-Hazmi. They used those names for financial transactions, flight school, to earn frequent flier miles, and to procure a California identity card.

Despite this paper trail, and despite having two and a half weeks to follow the scent, the FBI couldn't locate either man—at least not until Sept. 11, when they flew American Airlines Flight 77 into the Pentagon. If we had found them, there is a real possibility that most or all of the hijackings would have been prevented. The two shared addresses with Mohamed Atta, who flew into the North Tower of the World Trade Center, and Marwan Al-Shehhi, who flew into the South Tower. They were linked to most of the other hijackers as well. So August 2001 offered our last chance to foil the attacks. And if we want to stop the next attack, we need to know what went wrong in August 2001. Despite all the resources of our intelligence and law enforcement agencies, we did not find two known terrorists living openly. How could we have failed so badly in such a simple, desperate task?

We couldn't find al-Mihdhar and al-Hazmi in August 2001 because we had imposed too many rules designed to protect against privacy abuses that were mainly theoretical. We missed our best chance to save the lives of 3,000 Americans because we spent more effort and imagination guarding against these theoretical privacy abuses than against terrorism.

I feel some responsibility for sending the government down that road.

In August 2001, the New York FBI intelligence agent looking for al-Mihdhar and al-Hazmi didn't have the computer access needed to do the job alone. He requested help from the bureau's criminal investigators and was turned down. Acting on legal advice, FBI headquarters had refused to involve its criminal agents. In an e-mail to the New York agent, headquarters staff said: "If al-Midhar is located, the interview must be conducted by an intel[ligence] agent. A criminal agent CAN NOT be present at the interview. This case, in its entirety, is based on intel[ligence]. If at such time as information is developed indicating the existence of a substantial federal crime, that information will be passed over the wall according to the proper procedures and turned over for follow-up criminal investigation."

In a reply message, the New York agent protested the ban on using law enforcement resources for intelligence investigations in eerily prescient terms: "[S]ome day someone will die—and wall or not—the public will not understand why we were not more effective and throwing every resource we had at certain 'problems.' Let's hope the [lawyers who gave the advice] will stand behind their decisions then, especially since the biggest threat to us now, UBL [Usama Bin Laden], is getting the most 'protection.' "

It breaks my heart to read this exchange. That "wall"—between intelligence and law enforcement—was put in place to protect against a hypothetical risk to civil liberties that might arise if domestic law enforcement and foreign intelligence missions were allowed to mix. It was a post-Watergate fix meant to protect Americans, not kill them. In fact, in 1994, after I left my job as general counsel to the National Security Agency, I argued that the wall should be left in place because I accepted the broad assumption that foreign intelligence-gathering tolerates a degree of intrusiveness, harshness, and deceit that Americans do not want applied against themselves. I recognized at the time that these privacy risks were just abstract worries, but I accepted the conventional wisdom: "However theoretical the risks to civil liberties may be, they cannot be ignored." I foresaw many practical problems as well if the wall came down, and I argued for an approach that "preserves, perhaps even raises, the wall between the two communities."

I was wrong, but not alone, in assigning a high importance to theoretical privacy risks. In hindsight, that choice seems little short of feckless, for it made the failures of August and September 2001 nearly inevitable. In 2000 and 2001, the FBI office that handled al-Qaida wiretaps in the United States was thrown into turmoil because of the heights to which the wall had been raised. The Foreign Intelligence Surveillance Act Court, the body that oversees national security wiretaps, had ordered strict procedures to ensure that such wiretaps were not contaminated by law enforcement purposes. And when those procedures were not followed strictly, the court barred an FBI agent from the court because his affidavits did not fully list all contacts with law enforcement. This mushroomed into a privacy scandal that set the stage for 9/11.

In the spring and summer of 2001, with al-Qaida's preparations growing even more intense, the turmoil grew so bad that national security wiretaps were allowed to lapse—something that had never happened before. It isn't clear what intelligence we missed, but the loss of those wiretaps was treated as less troubling than the privacy scandal that now hung over the antiterrorism effort. The lesson was not lost on the rest of the bureau. According to a declassified Joint Intelligence Committee report on Sept. 11, "FBI personnel involved in FISA matters feared the fate of the agent who had been barred and began to avoid even the most pedestrian contact with personnel in criminal components of the Bureau or DOJ because it could result in intensive scrutiny by the Justice Department office that reviewed national security wiretaps and the FISA Court."

Against this background, it's easy to understand why FBI headquarters and its lawyers refused to use law enforcement resources in the effort to find al-Mihdhar and al-Hazmi. To do so would be to risk a further privacy scandal and put their careers in jeopardy. Viewed in this light, the New York agent's fight to get law enforcement involved in his search for the terrorists looks like an act of courage that borders on foolishness. We can all be thankful for his zeal. But in the end, one agent's zeal was not enough to overcome the complex web of privacy rules and the machinery of scandal that we built to enforce those rules.

What lessons can we learn from this tragic unfolding?

First, that the source of this tragedy was not wicked or uncaring officials. The wall was built by professionals who thought they were acting in the country's and their agency's best interest. They were focused on the hypothetical risk to privacy if foreign intelligence and domestic law enforcement were allowed to mix, and they worried that courts and Congress would punish them for putting aside these theoretical concerns to combat a threat that was both foreign and domestic. They feared that years of successful collaboration would end in disaster if the results of a single collaboration could be painted as a privacy scandal, so they created an ever-higher wall to govern operations at the border between domestic law enforcement and foreign intelligence. As drafted, the rules technically allowed antiterrorism investigators to do their jobs—if the investigators were sufficiently determined and creative. For a while they were, but the FISA court scandal sapped their determination and finally choked off any practical hope of getting the job done.

The second lesson is that we cannot write rules that will both protect us from every theoretical risk to privacy and still allow the government to protect us from terrorists. We cannot fine-tune the system to perfection, because systems that ought to work can fail. That is why I am profoundly skeptical of efforts to write new privacy rules and why I would rely instead on auditing for actual abuses. We should not again put American lives at risk for the sake of some speculative risk to our civil liberties.

And the final lesson? Perhaps it isn't fair to blame all the people who helped to create the wall for the failures that occurred in August of 2001. No one knew then what the cost of building such a separation would be. But we should know now. We should know that we can't prevent every imaginable privacy abuse without hampering the fight against terror; that an appetite for privacy scandals hampers the fight against terror; and that the consequence of these actions will be more attacks and more dead, perhaps in numbers we can hardly fathom.

The country and its leaders have had more than two years to consider the failures of August 2001 and what should be done. In that time, libertarian Republicans have joined with civil- liberties Democrats to teach the law enforcement and intelligence communities the lesson that FBI headquarters taught its hamstrung New York agent: You won't lose your job for failing to protect Americans, but you will if you run afoul of the privacy lobby. So the effort to build information technology tools to find terrorists has stalled. Worse, the wall is back; doubts about legal authority are denying CIA analysts access to law enforcement information in our new Terrorist Threat Integration Center. Bit by bit we are recreating the political and legal climate of August 2001.

And sooner or later, I fear, that August will lead to another September.

Stewart Baker heads the technology law practice at Steptoe & Johnson in Washington, D.C. From 1992 to 1994, he was general counsel of the National Security Agency.
posted by Rui  # 16:19

João Pereira Coutinho. 

JPC é com toda a justiça um dos melhores articulistas portugueses (e ele há poucos: António Barreto, Vasco Pulido Valente, Pacheco Pereira e queira a fortuna que outros vão surgindo...).O facto de ele residir em "O Independente" fornecia-lhe uma aura de verdade e honestidade muito próprias. Um escriba Conservador, inteligente e culto, num semanário que certa Direita se habituou a ler, numa altura em que o sr. Portas era Eurocéptico (longe vão os tempos). A história ensina-nos que tudo na vida tem um preço.
Pelo "Público" de hoje, ficou-se a saber que JPC sentará a sua sapiência lá para os lados da Duque de Palmela. O "Expresso" ganha uma criatura inteligente, mas Portugal perde mais uma referência.
De facto, tudo na vida parece ter um preço.
posted by Rui  # 14:04

sexta-feira, janeiro 02, 2004


O único verdadeiro herói da Idade Moderna. O mundo não suporta os dias que vivemos, e nós mal conseguimos realizar o quotidiano em que nos perdemos.
Um dono oco e redundante, um cão de companhia precipitado e acéfalo, e um gato - o nosso herói - que recusa a mudança estéril, o convivío fútil, as regras desnecessárias e a pressa sem rumo.
O filme - Garfield - que estreia em 2004, dá voz a Garfield através de Bill Murray, um dos melhores actores do momento (veja-se Lost in translation, de Soffia Coppola) e que assume as características essencias ao gato mais Conservador deste planeta civilizado.

Uma deixa de Garfield:
-Good times are ahead
-Or behind
-Because they sure aren´t here
É preciso dizer mais?
posted by Rui  # 22:30

Dos blogs. 

Não existe tempo para tudo, convenhamos. O problema da Internet é precisamente o de não existir tempo para tudo. Mas será também a sua verdadeira riqueza. A ideia de tentar apanhar com a mão toda a areia de uma vasta e interminável praia adequa-se e é perfeita para o propósito sempre negativo da comparação. Os blogs são o egoísmo e a tirania individual dos nossos dias, disfarçada de democracia e participação alheia. São a magia dos tímidos e dos génios, dos anónimos e dos cobardes, dos sacripantas e dos indispensáveis. Mas são também a melhor evidência de que existe inteligência no vazio e no Caos. Inteligência, cultura e diversidade. A prova provada de que a Raça Humana vence sempre as infernais máquinas que vai criando para seu repouso crescente.
posted by Rui  # 22:24

Um senhor de aspecto ridículo, discurso ridículo e bigode ridículo. 

Chama-se Souto de Moura e por acaso é Procurador-Geral da República e contribui para o pandemónio em que se encontra o processo judicial da Casa Pia. Quando necessitávamos de alguém sereno e firme na condução da mais alta instância nacional que cuida da legalidade e do Direito, saiu-nos na rifa esta personagem. Cada um tem o que merece, mas nós, Portugal, costumamos ter sempre muito azar nestas coisas de taluda e sorte grande.
posted by Rui  # 22:23

Do dia perfeito. 

Chegar a casa sem trânsito na 2ª circular, sentar-me no sofá, ver o “Apocalipse Now”, de Coppola, ler o “New York Times”, ouvir Sinatra a cantar “Send in the clowns”, de Sondheim, e acabar a sonhar com a Malu Mader ou a Julia Roberts, porque o intelecto também se alimenta com derivações carnais.
Assim como assim, desligo a televisão e deito-me mais cedo. Não vá o diabo tecê-las...

posted by Rui  # 22:23


Fumo SG Gigante com gosto e requinte. De quando em vez, sempre que os Euros abundam, permito-me um Davidoff digno e honesto. Cigarrilhas de eleição apenas as Café Creme, flavour Oriental, uma descoberta surpreendente, na relação preço/prazer e acessível a qualquer bolso e palato justo. Nisto de fumaças, convém saber escolher as horas e os momentos. Os intervalos e as queixas dos pulmões. Quanto aos respeitos com alheios não-fumadores, fecho os olhos e ponho-me a fazer anéis de fumo que ignoram intuitos persecutórios.
posted by Rui  # 22:22


Quando a administração norte-americana (Presidência, Homeland Security, etc.) advertem de dois em dois dias sobre a possibilidade da ocorrência de atentados terroristas em qualquer parte do globo, imagino que alguém sabe do que fala. No entanto, preocupo-me muito mais com os milhões que a CIA e o FBI gastam, com a privação de direitos legais a cidadãos sem acusação formal, com o advento de ex-trotskistas renascidos e rebaptizados de neo-conservadores em Washington, e com um Presidente demasiado perigoso para a altura perigosa em que vivemos. O sr. Bush, que se julga um cruzado moderno, ignora a verdadeira e nobre tradição conservadora: o mundo não se muda em dois dias. E muito menos, se for para pior.
posted by Rui  # 22:22


Acabei e comecei o ano com os seguintes livros:
“Trilogia suja de Havana”, editado pela Dom Quixote, de Pedro Juan Gutierrez, escritor cubano, que ignora políticos (em particular Fidel, o que contribui para o bem-estar fisíco do escritor, como se compreende) e escreve derrames de boa literatura. Gutierrez apresenta-nos torrentes de sexo, misticismo, pobreza e decadência. Nas ruínas de um regime comunista que colapsou antes do seu final, transformando os habitantes de Cuba, em particular os de Santiago, em zombies que aproveitam as mágoas e as dores para transformá-las em exuberância e primitivismo carnal. Ao fim e ao cabo, Gutierrez diz a páginas tantas o essencial para se escrever bem: não ligar a nada, esquecer tudo e ignorar o resto. É assim mesmo.
“Irei cuspir-vos nos túmulos”, de Boris Vian, da Relógio d´Água. Vernon Sullivan, pseudónimo de Vian, apresenta-nos uma história razoável, com uma carpintaria demasiado visível mas que se desenvolve a preceito. O que falta em sumo, sobra em boas intenções.
“As velas ardem até ao fim”, de Sandor Màrái, da Dom Quixote. A sra. Dona Inês Pedrosa, testemunha na contra-capa deste livro, que estamos perante uma obra-prima. A sra. Dona Inês Pedrosa que não sabe escrever romances, não sabe também classificar ou ler romances. Pena que a Dom Quixote tenha perdido tempo com um livro, que até se lê bem, mas não acrescenta nada ao mundo, como perto de 90% da literatura que se edita em Portugal.
Por agora, “Um homem só”, de Roger Vailland, numa edição dos anos 60, da velhinha Minerva de Bolso. Um livro honesto, sobre um jovem burguês perdido no mundo que o rodeia nos idos de 20 do século passado e que culmina na ocorrência, na França de Vichy (governada pelo colaboracionista Marechal Pétain), de um crime. Encontra-se a certa altura umas dezenas de páginas que nos descrevem uma investigação policial, extremamente bem conseguidas com diálogos fabulosos que valem por todo o livro.

posted by Rui  # 22:21

Armas de destruição maciça 

A única arma de destruição maciça que o sr. Bush encontrou no Iraque estava escondida num buraco, disfarçada de Pai Natal.
posted by Rui  # 16:37

as crenças de Michael Howard, novo líder dos Tories 

I believe it is natural for men and women to want wealth, health and happiness for their families and themselves.

I believe

I believe

I believe

I believe

I believe

I believe

I believe

I believe

I believe

I do not believe

I do not believe

I do not believe

I believe

I believe

I believe

Michael Howard

posted by Rui  # 16:13

O génio. 

O maior humorista que tive a oportunidade de ver actuar (em televisão, pois creio que apenas se apresentou uma única vez em Portugal) chamava-se Victor Borge. Sueco.
Esteve em actividade até aos 80 e muitos anos.
Juntava música clássica, história, genialidade e humor.
Raramente se ria.
"Phonetic Punctuation" é um dos expoentes máximos da sua extensa e magnífica Opus.

consultem http://www.kor.dk/borge - a tribute to Victor Borg
posted by Rui  # 15:37

A BD aplicada à política. 

Prémio Pateta do ano - Souto Moura
Prémio Tio Patinhas do ano - Manuela Ferreira Leite
Prémio Huguinho, Zezinho e Luisinho do ano - Durão Barroso/Paulo Portas
Prémio Professor Pardal do ano - Eduardo Ferro Rodrigues
Prémio Calimero do ano - Figueiredo Lopes
Prémio Mr. Magoo do ano - Justiça Portuguesa
Prémio Homem invisível do ano - Partido Comunista Português

Brevemente aparecerá a Revista alfabética de 2003. Como mandam as regras.
posted by Rui  # 15:12

Os Parvos do riso. 

Vi pouco mais de 20 minutos de um programa chamado "Levanta-te e ri", e creio nunca ter assistido a mais do que 5 de "Os malucos do riso".
O novo humor português é proporcional ao país que temos: cabotino, alarve e precipitado.
O que sobra excessivamente em boçalidade e histrionismo sem nexo, não existe em conteúdo, imaginação e carisma.
Abordarei posteriormente os epifenómenos do humor nacional e os seus períodos de ouro e decadência.
Nos dias que correm, aquilo que nos separa de uma hiena esclerosada é a sagaz capacidade de deslumbramento, e essa, neste momento, em Portugal, é nula.

posted by Rui  # 14:47

10 mandamentos. 

Vale a pena saber.

“The Ten Most Important Beliefs of Conservatism”, segundo The Conservative tradition in America, de Charles W. Dunn e J. Davis Woodard

1. Continuity: Order and the Rate of Change
"Tradition, continuity, and order in society . . . must not be disregarded, however carefully reasoned or attractive an untested reform may be."

2. Authority: Power and the Limits of Government
"The state's primary function is to protect against foreign threats and to keep order at home . . . . The foundation of military strength is the belief that the American social order is unique and worthy of protection and respect."

3. Community: Decentralization of Social Institutions
"The proper function of government . . . is not to concentrate power but to diffuse it to the institutions of organic society . . . [which] serve as checks on the power of the central authority."

4. Deity: Man and Morality
"The conservative generally has a strong belief in God and holds to traditional moral values."

5. Duty: Responsibilities over Rights
" 'Rights are something to be earned rather than given . . . The duties of man - service, effort, obedience, cultivation of virtue, and self-restraint - are the price of rights.'"

6. Democracy: Limited Government and the Constitution
"If law changes with the circumstances of the time, it becomes uncertain and unstable. In such circumstances, Americans live under a government of men, not of laws."

7. Property: The Role of Economics
"Capitalism is built on the assumption of private property . . .Government should interfere in the economy as little as possible, allowing the law of supply and demand to guide men in making profitable decisions."

8. Liberty: Equality's Big Brother
"Individuals have an infinite variety of talents and are entitled to find economic, political, and social rewards without fear of government license or redistribution."

9. Meritocracy: The Leadership Class
"America was founded as a society opposed to titles of nobility . . . John Adams spoke of a 'natural aristocracy,' which anyone could join by virtue of merit and ability."

10. Antipathy: The Anticommunist Impulse
"The chief crime of communism is not that it takes away property, but that it removes freedom upon which property is based."

posted by Rui  # 14:40

quinta-feira, janeiro 01, 2004

Literatura II 

Agora a sério:
António Lobo Antunes é o ÚNICO escritor português que pode, deve e merece ganhar o Nobel.
Não que se deva dar particular relevância ou importância a um galardão patrocionado inicialmente por um fabricante de explosivos...
Apenas para que mais pessoas saibam que Portugal tem um dos melhores escritores do Mundo.
E vivo, que nos dias que correm tem certa importância.
Num país destes, que elege mediocridades como figuras de transcendência, Lobo Antunes é uma garantia de que vai valendo o sacrifício de ser Português.
Mesmo que meia dúzia de iluminados detestem e condenem esta nossa mania idiota de gostarmos do País em que vivemos, credo...
posted by Rui  # 17:20

Literatura I 

O sr. José Saramago que nos ganhou um Nobel há uns anos, prepara-se para escrever mais um compêndio, que segundo o próprio, "vai dar um escândalo dos diabos".
Adivinho a escandaleira: o sr. José Saramago vai começar por dizer que nunca foi Comunista nem nunca saneou ninguém enquanto Director Adjunto do Diário de Notícias nos anos quentes do Processo Revolucionário em Curso.
São coisas...

Post Scriptum - o "Ano da morte de Ricardo Reis" é um livro genial, passe a antipatia pessoal que nutro pelo dito sr. Saramago

posted by Rui  # 17:14

Casa Pia. 

O processo judicial de investigação acerca dos abusos sexuais e psicológicos cometidos sobre menores aos cuidados do Estado, designado de Caso Casa Pia, é a amostra perfeita que Portugal não existe.
Devemos andar todos muito enganados acerca disto tudo.
O Ministério Público não existe, não existem pedófilos, nem existe a Casa Pia.
Existem apenas mal-entendidos que podem ser explicados brevemente.
O facto de existirem vítimas e detidos preventivamente há mais de 1 ano, é apenas um detalhe.
O país não percebe nada porque o país não existe.
Freud explica, eu não.
posted by Rui  # 17:09

A Europa, ou o que dela resta. 

O sr. Giscard d´Estaing e grande parte da intellegentsia política europeia tem pena que nós - cidadãos - não levemos a sério a Constituição Europeia.
Por mim, aterroriza-me saber que o sr. Giscard d´Estaing tenha tido nas mãos a possibilidade de tornar possível ou credível algo que Napoleão ou Hitler não conseguiram, nem pelo brandir da espada.
Miguel Torga disse e bem - cito de memória - "finalmente na Europa. Europeus de primeira, espanhóis de segunda, portugueses de terceira".
A vida faz-se destas coisas, e em qualquer pesadelo cabe um Giscard.
posted by Rui  # 16:49


Saúdinha e que o Presidente George W. - terror de qualquer Conservador sério e digno - não seja reeleito.
Não é por nada, mas falta Inteligência na Casa Branca.
Os neo-conservadores que tomaram de assalto a Casa Branca sob a égide de um refém da Christian Coalition e dos mais variados lobbies revelam a sua herança e o seu passado Trotskista.
Burro velho não aprende línguas, or whatever....
À falta de gente séria na corrida, apreciava que o Senador McCain voltasse às lides.
John McCain representa a verdadeira história do GOP: Liberdade e Propriedade.
George W. representa uma grande confusão para o mundo perigoso em que sobrevivemos.
Basta saber que os Elefantes tiveram alguns dos melhores Presidentes dos Estados Unidos, e que o ideário de nenhum deles está patente na nova agenda do actual inquilino da mansão presidencial:
-Abraham Lincoln, Theodore Roosevelt, e Ronald Reagan.
E não esqueçamos o homem - quase sempre ignorado ou desconhecido - que permitiu o abraçar da Causa Conservadora pelos Republicanos:
-Barry Goldwater.
O sr. Bush pode ser bem intencionado ou acreditar nele mesmo.
Isso e a epifania missionária que se lhe revelou aquando da sua eleição parecem-me, como diria o outro, um passo confiante em direcção ao abismo.

posted by Rui  # 16:36


Não coloco os links para páginas web que cito.
Vá-se a ver e quebro alguma norma de etiqueta cibernáutica.
Não me apetece.
Copiem as moradas referidas (sempre úteis...!!!) e ala de as colocar na barrinha de endereços do Browser.
posted by Rui  # 16:27

Biografia Prematura. 

Finda a explicação e o contexto para a escolha do título deste blog, deitemos mãos à obra.
Passo a definir o meu posicionamento face a alguns aspectos que convém sempre explicitar, de forma a não trazer ninguém ao engano.
Este blog, Magna Carta, é de cariz Conservador e Democrata, até à medula.
Acredito na Liberdade, na Propriedade, na Tradição, na História, na Lei e na Ordem, e nos Valores.
Sou adepto do Benfica, não gosto de George W. Bush, admiro o povo Israelita, creio que a Literatura (em excesso e em grandes quantidades e qualidades) é o único instrumento possível que nos salvará da Ignorância, da Maldade, do Cinismo e do Despotismo.
Infelizmente, para mal dos meus pecados não remíssiveis, sou Ateu, e aqui a Direita bolorenta nacional entrará em colapso....caso percam dois segundos comigo, o que duvido.

Frequentei a Universidade Autónoma de Lisboa, sem agrado nem gosto, até ao 5º ano de Direito, em Ciências Jurídico-Políticas.
Ia-se fazendo o curso, ignorando os professores e tentando chegar o mais longe possível.
O 5º ano pareceu-me um excelente momento para desistir e tentar fazer de mim um ser humano mais razoável.
Trabalhei em "A Capital", durante escassos 3 meses, tendo como directora a senhora dona Helena Sanches Osório, que gostava muito de chá, pseudo-conspirações e torradas.
De seguida, acoitei-me em "O Crime", onde me lembro de ter entrevistado Octávio Machado, célebre treinador do luso pontapé na bola (que me definiu o sistema de que sempre foi vítima, sem eu o perceber...ao sistema), escrever críticas cinematográficas a filmes pornográficos (com anões e quejandos...) que patrocionavam as páginas a cores do pseudo-suplemento do semanário e ser corrigido gramaticalmente por um chefe de redacção - redacção enorme, constituída por 4 jornalistas - que raramente sorria.
Acabada mais uma expedição aos media portugueses, demorei-me 3 anos da minha vida na Plurimarketing SA, fazendo de tudo um pouco no ramo do telemarketing.
Percebi que Portugal cedo seria um Sillicon Valley à maneira de um dormitório urbano.
A cada um o que lhe é justo.
Por agora, mantenho-me no contigente das ditas Tecnologias de Informação (?), atendendo telefonicamente clientes de um ISP nacional, a que poupo a vergonha de citar o nome.
Por aqui vamos andando, com 32 para fazer em Junho (Caranguejo) e pressa de ser feliz.

posted by Rui  # 15:59

Magna Carta.  

De forma a proporcionar uma breve história, retirei de www.archives.gov a importância que a Magna Carta suscitou para a Independência dos Estados Unidos da América. No mesmo ensaio, encontrarão as verdadeiras motivações que levaram à realização deste texto, o seu significado e demais considerações, bem como o articulado integral então redigido, traduzido para Inglês, do Latim original.

Magna Carta and Its American Legacy
http://www.archives.gov/index.html United States National Archives and Records Administration

Before penning the Declaration of Independence--the first of the American Charters of Freedom--in 1776, the Founding Fathers searched for a historical precedent for asserting their rightful liberties from King George III and the English Parliament. They found it in a gathering that took place 561 years earlier on the plains of Runnymede, not far from where Windsor Castle stands today. There, on June 15, 1215, an assembly of barons confronted a despotic and cash-strapped King John and demanded that traditional rights be recognized, written down, confirmed with the royal seal, and sent to each of the counties to be read to all freemen. The result was Magna Carta--a momentous achievement for the English barons and, nearly six centuries later, an inspiration for angry American colonists.

Magna Carta was the result of the Angevin king's disastrous foreign policy and overzealous financial administration. John had suffered a staggering blow the previous year, having lost an important battle to King Philip II at Bouvines and with it all hope of regaining the French lands he had inherited. When the defeated John returned from the Continent, he attempted to rebuild his coffers by demanding scutage (a fee paid in lieu of military service) from the barons who had not joined his war with Philip. The barons in question, predominantly lords of northern estates, protested, condemning John's policies and insisting on a reconfirmation of Henry I's Coronation Oath (1100), which would, in theory, limit the king's ability to obtain funds. (As even Henry ignored the provisions of this charter, however, a reconfirmation would not necessarily guarantee fewer taxes.) But John refused to withdraw his demands, and by spring most baronial families began to take sides. The rebelling barons soon faltered before John's superior resources, but with the unexpected capture of London, they earned a substantial bargaining chip. John agreed to grant a charter.

The document conceded by John and set with his seal in 1215, however, was not what we know today as Magna Carta but rather a set of baronial stipulations, now lost, known as the "Articles of the barons." After John and his barons agreed on the final provisions and additional wording changes, they issued a formal version on June 19, and it is this document that came to be known as Magna Carta. Of great significance to future generations was a minor wording change, the replacement of the term "any baron" with "any freeman" in stipulating to whom the provisions applied. Over time, it would help justify the application of the Charter's provisions to a greater part of the population. While freemen were a minority in 13th-century England, the term would eventually include all English, just as "We the People" would come to apply to all Americans in this century.

While Magna Carta would one day become a basic document of the British Constitution, democracy and universal protection of ancient liberties were not among the barons' goals. The Charter was a feudal document and meant to protect the rights and property of the few powerful families that topped the rigidly structured feudal system. In fact, the majority of the population, the thousands of unfree laborers, are only mentioned once, in a clause concerning the use of court-set fines to punish minor offenses. Magna Carta's primary purpose was restorative: to force King John to recognize the supremacy of ancient liberties, to limit his ability to raise funds, and to reassert the principle of "due process." Only a final clause, which created an enforcement council of tenants-in-chief and clergymen, would have severely limited the king's power and introduced something new to English law: the principle of "majority rule." But majority rule was an idea whose time had not yet come; in September, at John's urging, Pope Innocent II annulled the "shameful and demeaning agreement, forced upon the king by violence and fear." The civil war that followed ended only with John's death in October 1216.

On indefinite loan from the Perot Foundation, a 1297 version of Magna Carta shares space with the Charters of Freedom in the National Archives Rotunda.

To gain support for the new monarch--John's 9-year-old son, Henry III--the young king's regents reissued the charter in 1217. Neither this version nor that issued by Henry when he assumed personal control of the throne in 1225 were exact duplicates of John's charter; both lacked some provisions, including that providing for the enforcement council, found in the original. With the 1225 issuance, however, the evolution of the document ended. While English monarchs, including Henry, confirmed Magna Carta several times after this, each subsequent issue followed the form of this "final" version. With each confirmation, copies of the document were made and sent to the counties so that everyone would know their rights and obligations. Of these original issues of Magna Carta, 17 survive: 4 from the reign of John; 8 from that of Henry III; and 5 from Edward I, including the version now on display at the National Archives.

Although tradition and interpretation would one day make Magna Carta a document of great importance to both England and the American colonies, it originally granted concessions to few but the powerful baronial families. It did include concessions to the Church, merchants, townsmen, and the lower aristocracy for their aid in the rebellion, but the majority of the English population would remain without an active voice in government for another 700 years.

Despite its historical significance, however, Magna Carta may have remained legally inconsequential had it not been resurrected and reinterpreted by Sir Edward Coke in the early 17th century. Coke, Attorney General for Elizabeth, Chief Justice during the reign of James, and a leader in Parliament in opposition to Charles I, used Magna Carta as a weapon against the oppressive tactics of the Stuart kings. Coke argued that even kings must comply to common law. As he proclaimed to Parliament in 1628, "Magna Carta . . . will have no sovereign."

Lord Coke's view of the law was particularly relevant to the American experience for it was during this period that the charters for the colonies were written. Each included the guarantee that those sailing for the New World and their heirs would have "all the rights and immunities of free and natural subjects." As our forefathers developed legal codes for the colonies, many incorporated liberties guaranteed by Magna Carta and the 1689 English Bill of Rights directly into their own statutes. Although few colonists could afford legal training in England, they remained remarkably familiar with English common law. During one parliamentary debate in the late 18th century, Edmund Burke observed, "In no country, perhaps in the world, is law so general a study." Through Coke, whose four-volume Institutes of the Laws of England was widely read by American law students, young colonists such as John Adams, Thomas Jefferson, and James Madison learned of the spirit of the charter and the common law--or at least Coke's interpretation of them. Later, Jefferson would write to Madison of Coke: "a sounder whig never wrote, nor of profounder learning in the orthodox doctrines of the British constitution, or in what were called English liberties." It is no wonder then that as the colonists prepared for war they would look to Coke and Magna Carta for justification.

By the 1760s the colonists had come to believe that in America they were creating a place that adopted the best of the English system but adapted it to new circumstances; a place where a person could rise by merit, not birth; a place where men could voice their opinions and actively share in self-government. But these beliefs were soon tested. Following the costly Seven Years' War, Great Britain was burdened with substantial debts and the continuing expense of keeping troops on American soil. Parliament thought the colonies should finance much of their own defense and levied the first direct tax, the Stamp Act, in 1765. As a result, virtually every document--newspapers, licenses, insurance policies, legal writs, even playing cards--would have to carry a stamp showing that required taxes had been paid. The colonists rebelled against such control over their daily affairs. Their own elected legislative bodies had not been asked to consent to the Stamp Act. The colonists argued that without either this local consent or direct representation in Parliament, the act was "taxation without representation." They also objected to the law's provision that those who disobeyed could be tried in admiralty courts without a jury of their peers. Coke's influence on Americans showed clearly when the Massachusetts Assembly reacted by declaring the Stamp Act "against the Magna Carta and the natural rights of Englishmen, and therefore, according to Lord Coke, null and void."

But regardless of whether the charter forbade taxation without representation or if this was merely implied by the "spirit," the colonists used this "misinterpretation" to condemn the Stamp Act. To defend their objections, they turned to a 1609 or 1610 defense argument used by Coke: superiority of the common law over acts of Parliament. Coke claimed "When an act of parliament is against common right or reason, or repugnant, or impossible to be performed, the common law will control it and adjudge such an act void. Because the Stamp Act seemed to tread on the concept of consensual taxation, the colonists believed it, "according to Lord Coke," invalid.

The colonists were enraged. Benjamin Franklin and others in England eloquently argued the American case, and Parliament quickly rescinded the bill. But the damage was done; the political climate was changing. As John Adams later wrote to Thomas Jefferson, "The Revolution was in the minds of the people, and this was effected, from 1760 to 1775, in the course of 15 years before a drop of blood was shed at Lexington."

Relations between Great Britain and the colonies continued to deteriorate. The more Parliament tried to raise revenue and suppress the growing unrest, the more the colonists demanded the charter rights they had brought with them a century and a half earlier. At the height of the Stamp Act crisis, William Pitt proclaimed in Parliament, "The Americans are the sons not the bastards of England." Parliament and the Crown, however, appeared to believe otherwise. But the Americans would have their rights, and they would fight for them. The seal adopted by Massachusetts on the eve of the Revolution summed up the mood--a militiaman with sword in one hand and Magna Carta in the other.

Armed resistance broke out in April 1775. Fifteen months later, the final break was made with the immortal words of the Declaration of Independence: "We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness." Although the colonies had finally and irrevocably articulated their goal, Independence did not come swiftly. Not until the surrender of British forces at Yorktown in 1781 was the military struggle won. The constitutional battle, however, was just beginning.

In the war's aftermath, many Americans recognized that the rather loose confederation of states would have to be strengthened if the new nation were to survive. James Madison expressed these concerns in a call for a convention at Philadelphia in 1787 to revise the Articles of Confederation: "The good people of America are to decide the solemn question, whether they will by wise and magnanimous efforts reap the just fruits of that Independence which they so gloriously acquired . . . or whether by giving way to unmanly jealousies and prejudices, or to partial and transitory interests, they will renounce the auspicious blessings prepared for them by the Revolution." The representatives of the states listened to Madison and drew heavily from his ideas. Instead of revising the Articles, they created a new form of government, embodied in the Constitution of the United States. Authority emanated directly from the people, not from any governmental body. And the Constitution would be "the supreme Law of the Land"--just as Magna Carta had been deemed superior to other statutes.

In 1215, when King John confirmed Magna Carta with his seal, he was acknowledging the now firmly embedded concept that no man--not even the king--is above the law. That was a milestone in constitutional thought for the 13th century and for centuries to come. In 1779 John Adams expressed it this way: "A government of laws, and not of men." Further, the charter established important individual rights that have a direct legacy in the American Bill of Rights. And during the United States' history, these rights have been expanded. The U.S. Constitution is not a static document. Like Magna Carta, it has been interpreted and reinterpreted throughout the years. This has allowed the Constitution to become the longest-lasting constitution in the world and a model for those penned by other nations. Through judicial review and amendment, it has evolved so that today Americans--regardless of gender, race, or creed--can enjoy the liberties and protection it guarantees. Just as Magna Carta stood as a bulwark against tyranny in England, the U.S. Constitution and Bill of Rights today serve similar roles, protecting the individual freedoms of all Americans against arbitrary and capricious rule.

The University of Oklahoma Law Center
The Magna Carta

JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.

KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:

(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.

TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:

(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a `relief', the heir shall have his inheritance on payment of the ancient scale of `relief'. That is to say, the heir or heirs of an earl shall pay £100 for the entire earl's barony, the heir or heirs of a knight l00s. at most for the entire knight's `fee', and any man that owes less shall pay less, in accordance with the ancient usage of `fees'

(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without `relief' or fine.

(4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same `fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same `fee', who shall be similarly answerable to us.

(5) For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.

(6) Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be' made known to the heir's next-of-kin.

(7) At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.

(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.

(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.

(10) If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.

(11) If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.

(12) No `scutage' or `aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes ouly a reasonable `aid' may be levied. `Aids' from the city of London are to be treated similarly.

(13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.

(14) To obtain the general consent of the realm for the assessment of an `aid' - except in the three cases specified above - or a `scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.

(15) In future we will allow no one to levy an `aid' from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable `aid' may be levied.

(16) No man shall be forced to perform more service for a knight's `fee', or other free holding of land, than is due from it.

(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.

(18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.

(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.

(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.

(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence.

(22) A fine imposed upon the lay property of a clerk in holy orders shall be assessed upon the same principles, without reference to the value of his ecclesiastical benefice.

(23) No town or person shall be forced to build bridges over rivers except those with an ancient obligation to do so.

(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices.

(25) Every county, hundred, wapentake, and tithing shall remain at its ancient rent, without increase, except the royal demesne manors.

(26) If at the death of a man who holds a lay `fee' of the Crown, a sheriff or royal official produces royal letters patent of summons for a debt due to the Crown, it shall be lawful for them to seize and list movable goods found in the lay `fee' of the dead man to the value of the debt, as assessed by worthy men. Nothing shall be removed until the whole debt is paid, when the residue shall be given over to the executors to carry out the dead man s will. If no debt is due to the Crown, all the movable goods shall be regarded as the property of the dead man, except the reasonable shares of his wife and children.

(27) If a free man dies intestate, his movable goods are to be distributed by his next-of-kin and friends, under the supervision of the Church. The rights of his debtors are to be preserved.

(28) No constable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this.

(29) No constable may compel a knight to pay money for castle-guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it. A knight taken or sent on military service shall be excused from castle-guard for the period of this servlce.

(30) No sheriff, royal official, or other person shall take horses or carts for transport from any free man, without his consent.

(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner.

(32) We will not keep the lands of people convicted of felony in our hand for longer than a year and a day, after which they shall be returned to the lords of the `fees' concerned.

(33) All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.

(34) The writ called precipe shall not in future be issued to anyone in respect of any holding of land, if a free man could thereby be deprived of the right of trial in his own lord's court.

(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. There shall also be a standard width of dyed cloth, russett, and haberject, namely two ells within the selvedges. Weights are to be standardised similarly.

(36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It shall be given gratis, and not refused.

(37) If a man holds land of the Crown by `fee-farm', `socage', or `burgage', and also holds land of someone else for knight's service, we will not have guardianship of his heir, nor of the land that belongs to the other person's `fee', by virtue of the `fee-farm', `socage', or `burgage', unless the `fee-farm' owes knight's service. We will not have the guardianship of a man's heir, or of land that he holds of someone else, by reason of any small property that he may hold of the Crown for a service of knives, arrows, or the like.

(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

(40) To no one will we sell, to no one deny or delay right or justice.

(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.

(42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.

(43) If a man holds lands of any `escheat' such as the `honour' of Wallingford, Nottingham, Boulogne, Lancaster, or of other `escheats' in our hand that are baronies, at his death his heir shall give us only the `relief' and service that he would have made to the baron, had the barony been in the baron's hand. We will hold the `escheat' in the same manner as the baron held it.

(44) People who live outside the forest need not in future appear before the royal justices of the forest in answer to general summonses, unless they are actually involved in proceedings or are sureties for someone who has been seized for a forest offence.

(45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.

(46) All barons who have founded abbeys, and have charters of English kings or ancient tenure as evidence of this, may have guardianship of them when there is no abbot, as is their due.

(47) All forests that have been created in our reign shall at once be disafforested. River-banks that have been enclosed in our reign shall be treated similarly.

(48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed.

(49) We will at once return all hostages and charters delivered up to us by Englishmen as security for peace or for loyal service.

(50) We will remove completely from their offices the kinsmen of Gerard de Athée, and in future they shall hold no offices in England. The people in question are Engelard de Cigogné', Peter, Guy, and Andrew de Chanceaux, Guy de Cigogné, Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with Geoffrey his nephew, and all their followers.

(51) As soon as peace is restored, we will remove from the kingdom all the foreign knights, bowmen, their attendants, and the mercenaries that have come to it, to its harm, with horses and arms.

(52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61). In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full.

(53) We shall have similar respite in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first a-orested by our father Henry or our brother Richard; with the guardianship of lands in another person's `fee', when we have hitherto had this by virtue of a `fee' held of us for knight's service by a third party; and with abbeys founded in another person's `fee', in which the lord of the `fee' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.

(54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband.

(55) All fines that have been given to us unjustiy and against the law of the land, and all fines that we have exacted unjustly, shall be entirely remitted or the matter decided by a majority judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61) together with Stephen, archbishop of Canterbury, if he can be present, and such others as he wishes to bring with him. If the archbishop cannot be present, proceedings shall continue without him, provided that if any of the twenty-five barons has been involved in a similar suit himself, his judgement shall be set aside, and someone else chosen and sworn in his place, as a substitute for the single occasion, by the rest of the twenty-five.

(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in the Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way.

(57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions.

(58) We will at once return the son of Llywelyn, all Welsh hostages, and the charters delivered to us as security for the peace.

(59) With regard to the return of the sisters and hostages of Alexander, king of Scotland, his liberties and his rights, we will treat him in the same way as our other barons of England, unless it appears from the charters that we hold from his father William, formerly king of Scotland, that he should be treated otherwise. This matter shall be resolved by the judgement of his equals in our court.

(60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men.

(61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security:

The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.

If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. If we, or in our absence abroad the chiefjustice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us.

Any man who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing us to the utmost of his power. We give public and free permission to take this oath to any man who so desires, and at no time will we prohibit any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear it at our command.

If-one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were.

In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear.

The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power.

We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by which any part of these concessions or liberties might be revoked or diminished. Should such a thing be procured, it shall be null and void and we will at no time make use of it, either ourselves or through a third party.

(62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of peace.

In addition we have caused letters patent to be made for the barons, bearing witness to this security and to the concessions set out above, over the seals of Stephen archbishop of Canterbury, Henry archbishop of Dublin, the other bishops named above, and Master Pandulf.

(63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fulness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever.

Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the abovementioned people and many others.

Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (i.e. 1215: the new regnal year began on 28 May).
posted by Rui  # 15:45

Magna Carta-o porquê 

Este blog baptizou-se de Magna Carta como forma de recordar e manter, não de forma ortodoxa, antes de maneira livre e viva, o espirito que sobreviveu à criação e redacção da Magna Carta em 1215, e que constitui um documento iniciático do mais importante dos valores e aspirações humanas: a Liberdade, entendida na sua plenitude.
Criada com outros propósitos, a Magna Carta acabou por se tornar Histórica e Fundamental, Verdadeira e Exemplar.

Breve descrição proporcionada pela Biblioteca Virtual de Direitos Humanos, da Universidade de São Paulo, Brasil:

Redigida em latim bárbaro, a Magna Carta Libertatum seu Concordiam inter regem Johannen at barones pro concessione libertatum ecclesiae et regni angliae (Carta magna das liberdades, ou Concordia entre o Reti João e os Barões para a outorga das liberdades da Igreja e do rei inglês) foi a declaração solene que o rei João da Inglaterra, dito João Sem-Terra, assinou, em 15 de junho de 1215, perante o alto clero e os barões do reino. Outorgada por João sem Terra em 15 de Junho de 1215, e confirmada; seis vezes por Henrique III; três vezes por Eduardo I; catorze vezes por Eduardo III; seis vezes por Ricardo II; seis vezes por Henrique IV; uma vez por Henrique V, e uma vez por Henrique VI. Inglaterra.
posted by Rui  # 15:05


01/01/2004 - 02/01/2004  

This page is powered by Blogger. Isn't yours?