The Magna Carta (The Great Charter)
Preamble: John, by the grace of God, king of England, lord of
Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the
archbishop, bishops, abbots, earls, barons, justiciaries, foresters,
sheriffs, stewards, servants, and to all his bailiffs and liege
subjects, greetings. Know that, having regard to God and for the
salvation of our soul, and those of all our ancestors and heirs, and
unto the honor of God and the advancement of his holy Church and for the
rectifying of our realm, we have granted as underwritten by advice of
our venerable fathers, Stephen, archbishop of Canterbury, primate of all
England and cardinal of the holy Roman Church, Henry, archbishop of
Dublin, William of London, Peter of Winchester, Jocelyn of Bath and
Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry,
Benedict of Rochester, bishops; of Master Pandulf, subdeacon and member
of the household of our lord the Pope, of brother Aymeric (master of the
Knights of the Temple in England), and of the illustrious men William
Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of
Warenne, William, earl of Arundel, Alan of Galloway (constable of
Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh
(seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas
Basset, Alan Basset, Philip d'Aubigny, Robert of Roppesley, John
Marshal, John Fitz Hugh, and others, our liegemen.
1. In the first place we have granted to God, and by this our present
charter confirmed for us and our heirs forever that the English Church
shall be free, and shall have her rights entire, and her liberties
inviolate; and we will that it be thus observed; which is apparent from
this that the freedom of elections, which is reckoned most important and
very essential to the English Church, we, of our pure and unconstrained
will, did grant, and did by our charter confirm and did obtain the
ratification of the same from our lord, Pope Innocent III, before the
quarrel arose between us and our barons: and this we will observe, and
our will is that it be observed in good faith by our heirs forever. We
have also granted to all freemen of our kingdom, for us and our heirs
forever, all the underwritten liberties, to be had and held by them and
their heirs, of us and our heirs forever.
2. If any of our earls or barons, or others holding of us in chief by
military service shall have died, and at the time of his death his heir
shall be full of age and owe "relief", he shall have his inheritance by
the old relief, to wit, the heir or heirs of an earl, for the whole
barony of an earl by £100; the heir or heirs of a baron, £100 for a
whole barony; the heir or heirs of a knight, 100s, at most, and whoever
owes less let him give less, according to the ancient custom of fees.
3. If, however, the heir of any one of the aforesaid has been under
age and in wardship, let him have his inheritance without relief and
without fine when he comes of age.
4. The guardian of the land of an heir who is thus under age, shall
take from the land of the heir nothing but reasonable produce,
reasonable customs, and reasonable services, and that without
destruction or waste of men or goods; and if we have committed the
wardship of the lands of any such minor to the sheriff, or to any other
who is responsible to us for its issues, and he has made destruction or
waster of what he holds in wardship, we will take of him amends, and the
land shall be committed to two lawful and discreet men of that fee, who
shall be responsible for the issues to us or to him to whom we shall
assign them; and if we have given or sold the wardship of any such land
to anyone and he has therein made destruction or waste, he shall lose
that wardship, and it shall be transferred to two lawful and discreet
men of that fief, who shall be responsible to us in like manner as
aforesaid.
5. The guardian, moreover, so long as he has the wardship of the
land, shall keep up the houses, parks, fishponds, stanks, mills, and
other things pertaining to the land, out of the issues of the same land;
and he shall restore to the heir, when he has come to full age, all his
land, stocked with ploughs and wainage, according as the season of
husbandry shall require, and the issues of the land can reasonable bear.
6. Heirs shall be married without disparagement, yet so that before
the marriage takes place the nearest in blood to that heir shall have
notice.
7. A widow, after the death of her husband, shall forthwith and
without difficulty have her marriage portion and inheritance; nor shall
she give anything for her dower, or for her marriage portion, or for the
inheritance which her husband and she held on the day of the death of
that husband; and she may remain in the house of her husband for forty
days after his death, within which time her dower shall be assigned to
her.
8. No widow shall be compelled to marry, so long as she prefers to
live without a husband; provided always that she gives security not to
marry without our consent, if she holds of us, or without the consent of
the lord of whom she holds, if she holds of another.
9. Neither we nor our bailiffs will seize any land or rent for any
debt, as long as the chattels of the debtor are sufficient to repay the
debt; nor shall the sureties of the debtor be distrained so long as the
principal debtor is able to satisfy the debt; and if the principal
debtor shall fail to pay the debt, having nothing wherewith to pay it,
then the sureties shall answer for the debt; and let them have the lands
and rents of the debtor, if they desire them, until they are indemnified
for the debt which they have paid for him, unless the principal debtor
can show proof that he is discharged thereof as against the said
sureties.
10. If one who has borrowed from the Jews any sum, great or small,
die before that loan be repaid, the debt shall not bear interest while
the heir is under age, of whomsoever he may hold; and if the debt fall
into our hands, we will not take anything except the principal sum
contained in the bond.
11. And if anyone die indebted to the Jews, his wife shall have her
dower and pay nothing of that debt; and if any children of the deceased
are left under age, necessaries shall be provided for them in keeping
with the holding of the deceased; and out of the residue the debt shall
be paid, reserving, however, service due to feudal lords; in like manner
let it be done touching debts due to others than Jews.
12. No scutage not aid shall be imposed on our kingdom, unless by
common counsel of our kingdom, except for ransoming our person, for
making our eldest son a knight, and for once marrying our eldest
daughter; and for these there shall not be levied more than a reasonable
aid. In like manner it shall be done concerning aids from the city of
London.
13. And the city of London shall have all it ancient liberties and
free customs, as well by land as by water; furthermore, we decree and
grant that all other cities, boroughs, towns, and ports shall have all
their liberties and free customs.
14. And for obtaining the common counsel of the kingdom anent the
assessing of an aid (except in the three cases aforesaid) or of a
scutage, we will cause to be summoned the archbishops, bishops, abbots,
earls, and greater barons, severally by our letters; and we will
moveover cause to be summoned generally, through our sheriffs and
bailiffs, and others who hold of us in chief, for a fixed date, namely,
after the expiry of at least forty days, and at a fixed place; and in
all letters of such summons we will specify the reason of the summons.
And when the summons has thus been made, the business shall proceed on
the day appointed, according to the counsel of such as are present,
although not all who were summoned have come.
15. We will not for the future grant to anyone license to take an aid
from his own free tenants, except to ransom his person, to make his
eldest son a knight, and once to marry his eldest daughter; and on each
of these occasions there shall be levied only a reasonable aid.
16. No one shall be distrained for performance of greater service for
a knight's fee, or for any other free tenement, than is due therefrom.
17. Common pleas shall not follow our court, but shall be held in
some fixed place.
18. Inquests of novel disseisin, of mort d'ancestor, and of darrein
presentment shall not be held elsewhere than in their own county courts,
and that in manner following; We, or, if we should be out of the realm,
our chief justiciar, will send two justiciaries through every county
four times a year, who shall alone with four knights of the county
chosen by the county, hold the said assizes in the county court, on the
day and in the place of meeting of that court.
19. And if any of the said assizes cannot be taken on the day of the
county court, let there remain of the knights and freeholders, who were
present at the county court on that day, as many as may be required for
the efficient making of judgments, according as the business be more or
less.
20. A freeman shall not be amerced for a slight offense, except in
accordance with the degree of the offense; and for a grave offense he
shall be amerced in accordance with the gravity of the offense, yet
saving always his "contentment"; and a merchant in the same way, saving
his "merchandise"; and a villein shall be amerced in the same way,
saving his "wainage" if they have fallen into our mercy: and none of the
aforesaid amercements shall be imposed except by the oath of honest men
of the neighborhood.
21. Earls and barons shall not be amerced except through their peers,
and only in accordance with the degree of the offense.
22. A clerk shall not be amerced in respect of his lay holding except
after the manner of the others aforesaid; further, he shall not be
amerced in accordance with the extent of his ecclesiastical benefice.
23. No village or individual shall be compelled to make bridges at
river banks, except those who from of old were legally bound to do so.
24. No sheriff, constable, coroners, or others of our bailiffs, shall
hold pleas of our Crown.
25. All counties, hundred, wapentakes, and trithings (except our
demesne manors) shall remain at the old rents, and without any
additional payment.
26. If anyone holding of us a lay fief shall die, and our sheriff or
bailiff shall exhibit our letters patent of summons for a debt which the
deceased owed us, it shall be lawful for our sheriff or bailiff to
attach and enroll the chattels of the deceased, found upon the lay fief,
to the value of that debt, at the sight of law worthy men, provided
always that nothing whatever be thence removed until the debt which is
evident shall be fully paid to us; and the residue shall be left to the
executors to fulfill the will of the deceased; and if there be nothing
due from him to us, all the chattels shall go to the deceased, saving to
his wife and children their reasonable shares.
27. If any freeman shall die intestate, his chattels shall be
distributed by the hands of his nearest kinsfolk and friends, under
supervision of the Church, saving to every one the debts which the
deceased owed to him.
28. No constable or other bailiff of ours shall take corn or other
provisions from anyone without immediately tendering money therefor,
unless he can have postponement thereof by permission of the seller.
29. No constable shall compel any knight to give money in lieu of
castle-guard, when he is willing to perform it in his own person, or (if
he himself cannot do it from any reasonable cause) then by another
responsible man. Further, if we have led or sent him upon military
service, he shall be relieved from guard in proportion to the time
during which he has been on service because of us.
30. No sheriff or bailiff of ours, or other person, shall take the
horses or carts of any freeman for transport duty, against the will of
the said freeman.
31. Neither we nor our bailiffs shall take, for our castles or for
any other work of ours, wood which is not ours, against the will of the
owner of that wood.
32. We will not retain beyond one year and one day, the lands those
who have been convicted of felony, and the lands shall thereafter be
handed over to the lords of the fiefs.
33. All kydells for the future shall be removed altogether from
Thames and Medway, and throughout all England, except upon the seashore.
34. The writ which is called praecipe shall not for the future be
issued to anyone, regarding any tenement whereby a freeman may lose his
court.
35. Let there be one measure of wine throughout our whole realm; and
one measure of ale; and one measure of corn, to wit, "the London
quarter"; and one width of cloth (whether dyed, or russet, or "halberget"),
to wit, two ells within the selvedges; of weights also let it be as of
measures.
36. Nothing in future shall be given or taken for a writ of
inquisition of life or limbs, but freely it shall be granted, and never
denied.
37. If anyone holds of us by fee-farm, either by socage or by burage,
or of any other land by knight's service, we will not (by reason of that
fee-farm, socage, or burgage), have the wardship of the heir, or of such
land of his as if of the fief of that other; nor shall we have wardship
of that fee-farm, socage, or burgage, unless such fee-farm owes knight's
service. We will not by reason of any small serjeancy which anyone may
hold of us by the service of rendering to us knives, arrows, or the
like, have wardship of his heir or of the land which he holds of another
lord by knight's service.
38. No bailiff for the future shall, upon his own unsupported
complaint, put anyone to his "law", without credible witnesses brought
for this purposes.
39. No freemen shall be taken or imprisoned or disseised or exiled or
in any way destroyed, nor will we go upon him nor send upon him, except
by the lawful judgment of his peers or by the law of the land.
40. To no one will we sell, to no one will we refuse or delay, right
or justice.
41. All merchants shall have safe and secure exit from England, and
entry to England, with the right to tarry there and to move about as
well by land as by water, for buying and selling by the ancient and
right customs, quit from all evil tolls, except (in time of war) such
merchants as are of the land at war with us. And if such are found in
our land at the beginning of the war, they shall be detained, without
injury to their bodies or goods, until information be received by us, or
by our chief justiciar, how the merchants of our land found in the land
at war with us are treated; and if our men are safe there, the others
shall be safe in our land.
42. It shall be lawful in future for anyone (excepting always those
imprisoned or outlawed in accordance with the law of the kingdom, and
natives of any country at war with us, and merchants, who shall be
treated as if above provided) to leave our kingdom and to return, safe
and secure by land and water, except for a short period in time of war,
on grounds of public policy- reserving always the allegiance due to us.
43. If anyone holding of some escheat (such as the honor of
Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which
are in our hands and are baronies) shall die, his heir shall give no
other relief, and perform no other service to us than he would have done
to the baron if that barony had been in the baron's hand; and we shall
hold it in the same manner in which the baron held it.
44. Men who dwell without the forest need not henceforth come before
our justiciaries of the forest upon a general summons, unless they are
in plea, or sureties of one or more, who are attached for the forest.
45. We will appoint as justices, Constables, sheriffs, or bailiffs
only such as know the law of the realm and mean to observe it well.
46. All barons who have founded abbeys, concerning which they hold
charters from the kings of England, or of which they have long continued
possession, shall have the wardship of them, when vacant, as they ought
to have.
47. All forests that have been made such in our time shall forthwith
be disafforsted; and a similar course shall be followed with regard to
river banks that have been placed "in defense" by us in our time.
48. All evil customs connected with forests and warrens, foresters
and warreners, sheriffs and their officers, river banks and their
wardens, shall immediately by inquired into in each county by twelve
sworn knights of the same county chosen by the honest men of the same
county, and shall, within forty days of the said inquest, be utterly
abolished, so as never to be restored, provided always that we
previously have intimation thereof, or our justiciar, if we should not
be in England.
49. We will immediately restore all hostages and charters delivered
to us by Englishmen, as sureties of the peace of faithful service.
50. We will entirely remove from their bailiwicks, the relations of
Gerard of Athee (so that in future they shall have no bailiwick in
England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of
Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers,
Philip Mark with his brothers and his nephew Geoffrey, and the whole
brood of the same.
51. As soon as peace is restored, we will banish from the kingdom all
foreign born knights, crossbowmen, serjeants, and mercenary soldiers who
have come with horses and arms to the kingdom's hurt.
52. If anyone has been dispossessed or removed by us, without the
legal judgment of his peers, from his lands, castles, franchises, or
from his right, we will immediately restore them to him; and if a
dispute arise over this, then let it be decided by the five and twenty
barons of whom mention is made below in the clause for securing the
peace. Moreover, for all those possessions, from which anyone has,
without the lawful judgment of his peers, been disseised or removed, by
our father, King Henry, or by our brother, King Richard, and which we
retain in our hand (or which as possessed by others, to whom we are
bound to warrant them) we shall have respite until the usual term of
crusaders; excepting those things about which a plea has been raised, or
an inquest made by our order, before our taking of the cross; but as
soon as we return from the expedition, we will immediately grant full
justice therein.
53. We shall have, moreover, the same respite and in the same manner
in rendering justice concerning the disafforestation or retention of
those forests which Henry our father and Richard our broter afforested,
and concerning the wardship of lands which are of the fief of another
(namely, such wardships as we have hitherto had by reason of a fief
which anyone held of us by knight's service), and concerning abbeys
founded on other fiefs than our own, in which the lord of the fee claims
to have right; and when we have returned, or if we desist from our
expedition, we will immediately grant full justice to all who complain
of such things.
54. No one shall be arrested or imprisoned upon the appeal of a
woman, for the death of any other than her husband.
55. All fines made with us unjustly and against the law of the land,
and all amercements, imposed unjustly and against the law of the land,
shall be entirely remitted, or else it shall be done concerning them
according to the decision of the five and twenty barons whom mention is
made below in the clause for securing the pease, or according to the
judgment of the majority of the same, along with the aforesaid Stephen,
archbishop of Canterbury, if he can be present, and such others as he
may wish to bring with him for this purpose, and if he cannot be present
the business shall nevertheless proceed without him, provided always
that if any one or more of the aforesaid five and twenty barons are in a
similar suit, they shall be removed as far as concerns this particular
judgment, others being substituted in their places after having been
selected by the rest of the same five and twenty for this purpose only,
and after having been sworn.
56. If we have disseised or removed Welshmen from lands or liberties,
or other things, without the legal judgment of their peers in England or
in Wales, they shall be immediately restored to them; and if a dispute
arise over this, then let it be decided in the marches by the judgment
of their peers; for the tenements in England according to the law of
England, for tenements in Wales according to the law of Wales, and for
tenements in the marches according to the law of the marches. Welshmen
shall do the same to us and ours.
57. Further, for all those possessions from which any Welshman has,
without the lawful judgment of his peers, been disseised or removed by
King Henry our father, or King Richard our brother, and which we retain
in our hand (or which are possessed by others, and which we ought to
warrant), we will have respite until the usual term of crusaders;
excepting those things about which a plea has been raised or an inquest
made by our order before we took the cross; but as soon as we return (or
if perchance we desist from our expedition), we will immediately grant
full justice in accordance with the laws of the Welsh and in relation to
the foresaid regions.
58. We will immediately give up the son of Llywelyn and all the
hostages of Wales, and the charters delivered to us as security for the
peace.
59. We will do towards Alexander, king of Scots, concerning the
return of his sisters and his hostages, and concerning his franchises,
and his right, in the same manner as we shall do towards our owher
barons of England, unless it ought to be otherwise according to the
charters which we hold from William his father, formerly king of Scots;
and this shall be according to the judgment of his peers in our court.
60. Moreover, all these aforesaid customs and liberties, the
observances of which we have granted in our kingdom as far as pertains
to us towards our men, shall be observed b all of our kingdom, as well
clergy as laymen, as far as pertains to them towards their men.
61. Since, moveover, for God and the amendment of our kingdom and for
the better allaying of the quarrel that has arisen between us and our
barons, we have granted all these concessions, desirous that they should
enjoy them in complete and firm endurance forever, we give and grant to
them the underwritten security, namely, that the barons choose five and
twenty barons of the kingdom, whomsoever they will, who shall be bound
with all their might, to observe and hold, and cause to be observed, the
peace and liberties we have granted and confirmed to them by this our
present Charter, so that if we, or our justiciar, or our bailiffs or any
one of our officers, shall in anything be at fault towards anyone, or
shall have broken any one of the articles of this peace or of this
security, and the offense be notified to four barons of the foresaid
five and twenty, the said four barons shall repair to us (or our
justiciar, if we are out of the realm) and, laying the transgression
before us, petition to have that transgression redressed without delay.
And if we shall not have corrected the transgression (or, in the event
of our being out of the realm, if our justiciar shall not have corrected
it) within forty days, reckoning from the time it has been intimated to
us (or to our justiciar, if we should be out of the realm), the four
barons aforesaid shall refer that matter to the rest of the five and
twenty barons, and those five and twenty barons shall, together with the
community of the whole realm, distrain and distress us in all possible
ways, namely, by seizing our castles, lands, possessions, and in any
other way they can, until redress has been obtained as they deem fit,
saving harmless our own person, and the persons of our queen and
children; and when redress has been obtained, they shall resume their
old relations towards us. And let whoever in the country desires it,
swear to obey the orders of the said five and twenty barons for the
execution of all the aforesaid matters, and along with them, to molest
us to the utmost of his power; and we publicly and freely grant leave to
everyone who wishes to swear, and we shall never forbid anyone to swear.
All those, moveover, in the land who of themselves and of their own
accord are unwilling to swear to the twenty five to help them in
constraining and molesting us, we shall by our command compel the same
to swear to the effect foresaid. And if any one of the five and twenty
barons shall have died or departed from the land, or be incapacitated in
any other manner which would prevent the foresaid provisions being
carried out, those of the said twenty five barons who are left shall
choose another in his place according to their own judgment, and he
shall be sworn in the same way as the others. Further, in all matters,
the execution of which is entrusted,to these twenty five barons, if
perchance these twenty five are present and disagree about anything, or
if some of them, after being summoned, are unwilling or unable to be
present, that which the majority of those present ordain or command
shall be held as fixed and established, exactly as if the whole twenty
five had concurred in this; and the said twenty five shall swear that
they will faithfully observe all that is aforesaid, and cause it to be
observed with all their might. And we shall procure nothing from anyone,
directly or indirectly, whereby any part of these concessions and
liberties might be revoked or diminished; and if any such things has
been procured, let it be void and null, and we shall never use it
personally or by another.
62. And all the will, hatreds, and bitterness that have arisen
between us and our men, clergy and lay, from the date of the quarrel, we
have completely remitted and pardoned to everyone. Moreover, all
trespasses occasioned by the said quarrel, from Easter in the sixteenth
year of our reign till the restoration of peace, we have fully remitted
to all, both clergy and laymen, and completely forgiven, as far as
pertains to us. And on this head, we have caused to be made for them
letters testimonial patent of the lord Stephen, archbishop of
Canterbury, of the lord Henry, archbishop of Dublin, of the bishops
aforesaid, and of Master Pandulf as touching this security and the
concessions aforesaid.
63. Wherefore we will and firmly order that the English Church be
free, and that the men in our kingdom have and hold all the aforesaid
liberties, rights, and concessions, well and peaceably, freely and
quietly, fully and wholly, for themselves and their heirs, of us and our
heirs, in all respects and in all places forever, as is aforesaid. An
oath, moreover, has been taken, as well on our part as on the art of the
barons, that all these conditions aforesaid shall be kept in good faith
and without evil intent.
Given under our hand - the above named and many others being
witnesses - in the meadow which is called Runnymede, between Windsor and
Staines, on the fifteenth day of June, in the seventeenth year of our
reign.
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