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- Magna Carta
-
- John, by the grace of God, king of England, lord of Ireland, duke of Normandy
- and Aquitaine, and count of Anjou, to the archbishops, bishops, abbots, earls,
- barons, justiciars, foresters, sheriffs, stewards, servants, and to all his
- bailiffs and faithful subjects, greeting. Know that we, out of reverence for
- God and for the salvation of our soul and those of all our ancestors and heirs,
- for the honour of God and the exaltation of holy church, and for the reform of
- our realm, on the 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 and
- Benedict of Rochester, bishops, of master Pandulf, subdeacon and member of the
- household of the lord pope, of brother Aymeric, master of the order of Knights
- Templar in England, and of the noble men William Marshal earl of Pembroke,
- William earl of Salisbury, William earl of Warenne, William earl of Arundel,
- Alan of Galloway constable of Scotland, Warin fitz Gerold, Peter fitz Herbert,
- Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew fitz Herbert,
- Thomas Basset, Alan Basset, Philip de Aubeney, Robert of Ropsley, John Marshal,
- John fitz Hugh, and others, our faithful subjects:
- [1] In the first place have granted to God, and by this our present charter
- confirmed for us and our heirs for ever that the English church shall be free,
- and shall have its rights undiminished and its liberties unimpaired; and it is
- our will that it be thus observed; which is evident from the fact that, before
- the quarrel between us and our barons began, we willingly and spontaneously
- granted and by our charter confirmed the freedom of elections which is reckoned
- most important and very essential to the English church, and obtained
- confirmation of it from the lord pope Innocent III; the which we will observe
- and we wish our heirs to observe it in good faith for ever. We have also
- granted to all free men of our kingdom, for ourselves and our heirs for ever,
- all the liberties written below, to be had and held by them and their heirs of
- us and our heirs.
- [2] If any of our earls or barons or others holding of us in chief by
- knight service dies, and at his death his heir be of full age and owe relief he
- shall have his inheritance on payment of the old relief, namely the heir or
- heirs of an earl ú100 for a whole earl's barony, the heir of heirs of a baron
- ú100 for a whole barony, the heir or heirs of a knight 100s, at most, for a
- whole knight's fee; and he who owes less shall give less according to the
- ancient usage of fiefs.
- [3] If, however, the heir of any such be under age and a ward, he shall
- have his inheritance when he comes of age without paying relief and without
- making fine.
- [4] The guardian of the land of such an heir who is under age shall take
- from the land of the heir no more than reasonable revenues, reasonable customary
- dues and reasonable services and that without destruction and waste of men or
- goods; and if we commit the wardship of the land of any such to a sheriff, or to
- any other who is answerable to us for its revenues, and he destroys or wastes
- what he has wardship of, we will take compensation from him and the land shall
- be committed to two lawful and discreet men of that fief, who shall be
- answerable for the revenues to us or to him to whom we have assigned them; and
- if we give or sell to anyone the wardship of any such land and he causes
- destruction or waste therein, he shall lose that wardship, and it shall be
- transferred to two lawful and discreet men of that fief, who shall similarly be
- answerable to us as is aforesaid.
- [5] Moreover, so long as he has the wardship of the land, the guardian
- shall keep in repair the houses, parks, preserves, ponds, mills and other things
- pertaining to the land out of the revenues from it; and he shall restore to the
- heir when he comes of age his land fully stocked with ploughs and the means of
- husbandry according to what the season of husbandry requires and the revenues of
- the land can reasonably bear.
- [6] Heirs shall be married without disparagement, yet so that before the
- marriage is contracted those nearest in blood to the heir shall have notice.
- [7] A widow shall have her marriage portion and inheritance forthwith and
- without difficulty after the death of her husband; nor shall she pay anything to
- have her dower or her marriage portion or the inheritance which she and her
- husband held on the day of her husband's death; and she may remain in her
- husband's house for forty days after his death, within which time her dower
- shall be assigned to her.
- [8] No widow shall be forced to marry so long as she wishes to live without
- a husband, provided that she gives security not to marry without our consent if
- she holds of us, or without the consent of her lord of whom she holds, if she
- holds of another.
- [9] Neither we nor our bailiffs will seize for any debt any land or rent,
- so long as the chattles of the debtor are sufficient to repay the debt; nor will
- those who have gone surety for the debtor be distrained so long as the principal
- debtor is himself able to pay the debt; and if the principal debtor fails to pay
- the debt, having nothing wherewith to pay it, then shall the sureties answer
- for the debt; and they shall, if they wish, have the lands and rents of the
- debtor until they are reimbursed for the debt which they have paid for him,
- unless the principal debtor can show that he has discharged his obligation in
- the matter to the said sureties.
- [10] If anyone who has borrowed from the Jews any sum, great or small, dies
- before it is repaid, the debt shall not bear interest as long as the heir is
- under age, of whomsoever he holds; and if the debt falls into our hands, we will
- not take anything except the principal mentioned in the bond.
- [11] And if anyone dies indebted to the Jews, his wife shall have her dower
- and pay nothing of that debt; and if the dead man leaves children who are under
- age, they shall be provided whith necessaries befitting the holding of the
- deceased; and the debt shall be paid out of the residue, reserving, however,
- service due to lords of the land; debts owing to others than Jews shall be dealt
- with in like manner.
- [12] No scutage or aid shall be imposed in 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 only a
- reasonable aid shall be levied. Be it done in like manner oncerning aids from
- the city of London.
- [13] And the city of London shall have all its ancient liberties and free
- customs as well by land as by water. Furthermore, we will and grant that all
- other cities, boroughs, towns, and ports shall have all their liberties and free
- customs.
- [14] And to obtain the common counsel of the kingdom about 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,
- individually by our letters-and, in additon, we will cause to be summoned
- generally through our sheriffs and bailiffs all those holding of us in chief-for
- a fixed date, namely, after the expiry of at least forty day, and to a fixed
- place; and in all letters of such summons we will specify the reason for the
- summons. And when the summons has thus been made, the business shall proceed on
- the day appointed, according to the counsel of those present, though not all
- have come who were summoned.
- [15] We will not in future grant any one the right to take an aid from his
- free men, except for ransoming his person, for making his eldest son a knight
- and for once marrying his eldest daughter, and for these only a resonable aid
- shall be levied.
- [16] No one shall be compelled to do greater service for a kngiht's fee or
- for any other free holding than is due form it.
- [17] Common pleas shall not follow our court, but shall be held in some
- fixed place.
- [18] Recognitions of novel disseisin, of mort d'ancester, and of darrein
- presentment, shall not be held elsewhere than in the counties to which they
- relate, and in this manner-we, or, if we should be out of the realm, our chief
- justiciar, will send two justices through each county four times a year, who,
- with four knights of each county chosen by the county, shall hold the said
- assizes in the county and on the day and in the place of meeting of the county
- court.
- [19] And if the said assizes cannot all be held on the day of the county
- court, there shall stay behind as many of the kngihts and freeholders who were
- present at the county court on that day as are necessary for the sufficient
- making of judgments, according to the amount of business to be done.
- [20] A free man shall not be amerced for a trivial offence except in
- accordance with the degree of the offence, and for a grave offence he shall be
- amerced in accordance with its gravity, yet saving his way of living; and a
- merchant in the same way, saving his stock-in-trade; and a villein shall be
- amerced in the same way, saving his means of livelihood-if they have fallen into
- our mercy: and none of the aforesaid amercements shall be imposed except by the
- oath of good men of the neighbourhood.
- [21] Earls and barons shall not be amerced except by their peers, and only
- in accordance with the degree of the offence.
- [22] No clerk shall be amerced in respect of his lay holding except after
- the manner of the others aforesaid and not according to the amount of his
- ecclesiastical benefice.
- [23] No vill or individual shall be compelled to make bridges at river
- banks, except those who from of old are legally bound to do so.
- [24] No sheriff, constable, coroners, or others of our bailiffs, shall hold
- pleas of our crown.
- [25] All counties, hundreds, wapentakes and trithings shall be at the old
- rents without any additional payment, except our demesne manors.
- [26] If anyone holding a lay fief of us dies and our sheriff or bailiff
- shows our letters patent of summons for a debt that the deceased owed us, it
- shall be lawful for our sheriff or bailiff to attach and make a list of chattels
- of the deceased found upon the lay fief to the value of that debt under the
- supervision of law-worthy men, provided that none of the chattels shall be
- removed until the debt which is manifest has been paid to us in full; and the
- residue shall be left to the executors for carrying out the will of the
- deceased. And if nothing is owing to us from him, all the chattels shall accrue
- to the deceased, saving to his wife and children their reasonable shares.
- [27] If any free man dies without leaving a will, his chattels shall be
- distributed by his nearest kinsfolk and friends under the supervison of the
- church, saving to every one the debts which the deceased owed him.
- [28] No constable or other bailiff of ours shall take anyone's corn or
- other chattels unless he pays on the spot in cash for them or can delay payment
- by arrangment with the seller.
- [29] No constable shall compel any knight to give money instead of
- castle-guard if he is willing to do the guard himself or through another good
- man, if for some good reason he cannot do it himself; and if we lead or send him
- on military service, he shall be excused guard in proportion to the time that
- because of us he has been on service.
- [30] No sheriff, or bailiff of ours, or anyone else shall take the horses
- or carts of any free man for transport work save with the agreement of that
- freeman.
- [31] Neither we nor our bailiffs will take, for castles or other works of
- ours, timber which is not ours, except with the agreement of him whose timber it
- is.
- [32] We will not hold for more than a year and a day the lands of those
- convicted of felony, and then the lands shall be handed over to the lords of the
- fiefs.
- [33] Henceforth all fish-weirs shall be cleared completely from the Thames
- and the Medway and throughout all England, except along the sea coast.
- [34] The writ called Praecipe shall not in future be issued to anyone in
- respect of any holding whereby a free man may lose his court.
- [35] Let there be one measure for wine throughout our kingdom, and one
- measure for ale, and one measure for corn, namely "the London quarter"; and one
- width for cloths whether dyed, russet or halberget, namely two ells within the
- selvedges. Let it be the same with weights as with measures.
- [36] Nothing shall be given or taken in future for the writ of inquisition
- of life or limbs: instead it shall be granted free of charge and not refused.
- [37] If anyone holds of us by fee-farm, by socage, or by burgage, and holds
- land of another by knight service, we will not, by reason of that fee-farm,
- socage, or burgage, have the wardship of his heir or of land of land of his that
- is of the fief of the other; nor will we have custody of the fee-farm, socage,
- or burgage, unless such fee-farm owes kngiht service. We will not have custody
- of anyone's heir or land which he holds of another by knight service by reason
- of any petty serjeanty which he holds of us by the service of rendering to us
- knives or arrows or the like.
- [38] No bailiff shall in future put anyone to trial upon his own bare word,
- without reliable witnesses produced for this purpose.
- [39] No free man shall be arrested or imprisoned or disseised or outlawed
- or exiled or in any way victimised, neither will we attack him or send anyone to
- attack 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 be able to go out of and come into England safely
- and securely and stay and travel throughout England, as well by land as by
- water, for buying and selling by the ancient and right customs free from all
- evil tolls, except in time of war and if they are of the land that is at war
- with us. And if such are found in our land at the beginning of a war, they
- shall be attached, without injury to their persons or goods, until we, or our
- chief justiciar, know how merchants of our land are treated who were found in
- the land at war with us when war broke out, and if ours are safe there, the
- others shall be safe in our land.
- [42] It shall be lawful in future for anyone, without prejudicing the
- allegiance due to us, to leave our kingdom and return safely and securely by
- land and water, save, in the public interest, for a short period in time of
- war-except for those imprisoned or outlawed in accordance with the law of the
- kingdom and natives of a land that is at war with us and merchants (who shall be
- treated as aforesaid).
- [43] If anyone who holds of some escheat such as the honour of Wallingford,
- Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands and
- are baronies dies, his heir shall give no other relief and do no other service
- to us than he would have done to the baron if that barony had been in the
- baron's hands; and we will hold it in the same manner in which the baron held
- it.
- [44] Men who live outside the forest need not henceforth come before our
- justices of the forest upon a general summons, unless they are impleaded or are
- sureties for any person or persons who are attached for forest offences.
- [45] We will not make justices, constables, sheriffs or bailiffs save of
- such as know the law of the kingdom and mean to observe it well.
- [46] All barons who have founded abbeys for which they have charters of the
- kings of England or ancient tenure shall have the custody of them during
- vacancies, as they ought to have.
- [47] All forests that have been make forest in our time shall be
- immediately disafforested; and so be it done with river banks that have been
- made preserves by us in our time.
- [48] All evil customs connected with forests and warrens, foresters and
- warreners, sheriffs and their officials, riverbanks and their wardens shall
- immediately be inquired into in each county by twelve sworn kngihts of the
- same county, and within forty days of the completion of the inquiry shall be
- utterly abolished by them so as never to be restored, provided that we, or our
- justiciar if we are not in England, know of it first.
- [49] We will immediately return all hostages and charters given to us by
- Englishmen, as security for peace or faithful service.
- [50] We will remove completely from office the relations of Gerard de Athee
- so that in future they shall have no office in England, namely Engelard de
- Cigogne, Peter and Guy and Andrew de Chanceaux, Guy de cigogne, Geoffrey de
- Maartigny and his brothers, Philip Marc and his brothers and his nephew
- Geoffrey, and all their following.
- [51] As soon as peace is restored, we will remove from the kingdom all
- foreign knights, cross-bowmen, serjeants, and mercenaries, who have come with
- horses and arms to the detriment of the kingdom.
- [52] If anyone has been disseised of or kept out of his lands, castles,
- franchises or his right by us without the legal judgment of his peers, we will
- immediately restore them to him: and if a dispute arises over this, then let it
- be decided by the judgment of the twenty-five barons who are mentioned below in
- the clause for securing the peace: for all the things, however, which anyone
- has been disseised or kept out of without the lawful judgment of his peers by
- king Henry, our father, or by king Richard, our brother, which we have in our
- hand or are held by others, to whom we are bound to warrant them, we will have
- the usual period of respite of crusaders, excepting those things about which a
- plea was started or an inquest made by our command before we took the cross;
- when however we return from our pilgrimage, or if by any chance we do not go on
- it, we will at once do full justice therein.
- [53] We will have the same respite, and in the same manner, in the doing of
- justice in the matter of the disafforesting or retaining of the forests which
- Henry our father or Richard our brother afforested, and in the matter of the
- wardship of lands which are of the fief of another, wardships of which sort we
- have hitherto had by reason of a fief which anyone held of us by knight service,
- and in the matter of abbeys founded on the fief of another, not on a fief of our
- own, in which the lord of the fief claims he has a right; and when we have
- returned, or if we do not set out on our pilgrimage, we will at once do full
- justice to those who complain of these things.
- [54] No one shall be arrested or imprisoned upon the appeal of a woman for
- the death of anyone except 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 let them be settled by the judgment of the twenty-
- five barons who are mentioned below in the clause for securing the peace, or by
- 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 associate with himself for this purpose, and if he cannot be present the
- business shall nevertheless proceed without him, provided that if any one or
- more of of the aforesaid twenty-five barons are in a like suit, they shall be
- removed from the judgment of the case in question, and others chosen, sworn and
- put in their place by the rest of the same twenty-five for this case only.
- [56] If we have disseised or kept out 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 arises over this,
- then let it be decided in the March by the judgment of their peers-for holdings
- in England according to the law of England, for holdings in Wales according to
- the law of Wales, and for holdings in the March according to the law of the
- March. Welshmen shall do the same to us and ours.
- [57] For all the things, however, which any Welshman was disseised of or
- kept out of without the lawful judgment of his peers by king Henry, our father,
- or king Richard, our brother, which we have in our hand or which are held by
- others, to whom we are bound to warrent them, we will have the usual period of
- respite of crusaders, excepting those things about which a plea was started or
- an inquest made by our command before we took the cross; when however we return,
- or if by any chance we do not set out on our pilgrimage, we will at once do full
- justice to them in accordance with the laws of the Welsh and the foresaid
- regions.
- [58] We will give back at once the son of Llywelyn and all the hostages
- from Wales and the charters that were handed over to us as security for peace.
- [59] We will act toward Alexander, king of the Scots, concerning the return
- of his sisters and hostages and concerning his franchises and his right in the
- same manner in which we act towards our other barons of England, unless it ought
- to be otherwise by the charters which we have from William his father, formerly
- king of the Scots, and this shall be determined by the judgment of his peers in
- our court.
- [60] All these aforesaid customs and liberties which we have granted to be
- observed in our kingdom as far as it pertains to us towards our men, all of our
- kingdom, clerks as well as laymen, shall observe as far as it pertains to them
- towards their men.
- [61] Since, moreover, for God and the betterment of our kingdom and for the
- better allaying of the discord that has arisen between us and our barons we have
- granted all these things aforesaid, wishing them to enjoy the use of them
- unimpaired and unshaken for ever, we give and grant them the under-written
- security, namely, that the barons shall choose any twenty-five barons of the
- kingdom they wish, who must with all their might observe, hold and cause to be
- observed, the peace and liberties which we have granted and confirmed to them by
- this present charter of ours, so that if we, or our justiciar, or our bailiffs
- or any one of our servants offend in any way against anyone or transgress any of
- the articles of the peace or the security and the offence be notified to four of
- the aforesaid twenty-five barons, those four barons shall come to us, or to our
- justiciar if we are out of the kingdom, and, laying the transgression before us,
- shall petition us to have that transgression corrected without delay. And if we
- do not correct the transgression, or if we are out of the kingdom, if our
- justiciar does not correct it, within forty days, reckoning from the time it was
- brought to our notice or to that of our justiciar if we were out of the kingdom,
- the aforesaid four barons shall refer that case to the rest of the twenty-five
- barons and those twenty-five barons together with the community of the whole
- land shall distrain and distress us in every way they can, namely, by seizing
- castles, lands, possessions, and in such other ways as they can, saving our
- person and the persons of our queen and our children, until, in their opinion,
- amends have been made; and when amends have been made, they shall obey us as
- they did before. And let anyone in the land who wishes take an oath to obey the
- orders of the said twenty-five barons for the execution of all the aforesaid
- matters, and with them to distress us as much as he can, and we publicly and
- freely give anyone leave to take the oath who wishes to take it and we will
- never prohibit anyone from taking it. Indeed, all those in the land who are
- unwilling of themselves and of their own accord to take an oath to the
- twenty-five barons to help them to distrain and distress us, we will make them
- take the oath as aforesaid at our command. And if any of the twenty-five barons
- dies or leaves the country or is in any other way prevented from carrying out
- the things aforesaid, the rest of the aforesaid twenty-five barons shall choose
- as they think fit another one in his place, and he shall take the oath like the
- rest. In all matters the execution of which is committed to these twenty-five
- barons, if it should happen that these twenty-five are present yet disagree
- among themselves about anything, or if some of those summoned will not or cannot
- be present, that shall be held as fixed and established which the majority of
- those present ordained or commanded, exactly as if all the twenty-five had
- consented to it; and the said twenty-five shall swear that they will faithfully
- observe all the things aforesaid and will do all they can to get them observed.
- And we will procure nothing from anyone, either personally or through anyone
- else, whereby any of these concessions and liberties might be revoked or
- diminished; and if any such thing is procured, let it be void and null, and we
- will never use it either personally or through another.
- [62] And we have fully remitted and pardoned to everyone all the ill-will,
- indignation and rancour that have arisen between us and our men, clergy and
- laity, from the time of the quarrel. Furthermore, we have fully remitted to
- all, clergy and laity, and as far as pertains to us have completely forgiven,
- all trespasses occasioned by the same quarrel between Easter in the sixteenth
- year of our reign and the restoration of peace. And, besides, 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 and of the aforementioned
- bishops and of master Pandulf about this security and the aforementioned
- concessions.
- [63] Wherefore we wish and firmly enjoin that the English church shall be
- free, and that the men in our kingdom shall have and hold all the aforesaid
- liberties, rights and concessions well and peacefully, freely and quietly, fully
- and completely, for themselves and their heirs from us and our heirs, in all
- matters and in all places for ever, as is aforesaid. An oath, moreover, has
- been taken, as well on our part as on the part of the barons, that all these
- things aforesaid shall be observed in good faith and without evil disposition.
- Witness the above-mentioned and many others. Given by our hand in the meadow
- which is called Runnymede between Windsor and Staines on the fifteenth day of
- June, in the seventeenth year of our reign.