Magna Carta, 1215 AD
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:
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 forever, all the liberties written below, to be had and held by them
and their heirs of us and our heirs.
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 L 100 for a whole earl's barony, the heir or heirs of a
baron L 100 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.
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.
The guardian of the land of such an heir who is under age shall take from
the land of the heir no more that 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
shall 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.
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.
Heirs shall be married without disparagement, yet so that before the
marriage is contracted those nearest in blood to the heir shall have notice.
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.
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.
Neither we nor our bailiffs will seize for any debt any land or rent, so
long as the chattels 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 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.
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.
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 with 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.
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 concerning aids
from the city of London.
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.
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 addition, 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
days, 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
these present, though not all have come who were summoned.
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 reasonable aid
shall be levied.
No one shall be compelled to do greater service for a knight's fee or for
any other free holding than is due from it.
Common pleas shall not follow our court, but shall be held in some fixed
place.
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 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.
And if the said assizes cannot all be held on the day of the county court,
there shall stay behind as many of the knights and freeholders who were
present at the county court on that day as are necessary for the sufficient
making of judgements, according to the amount of business to be done.
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 villain 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.
Earls and barons shall not be amerced except by their peers, and only in
accordance with the degree of the offence.
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.
No vill or individual shall be compelled to make bridges at riverbanks,
except those who from of old are legally bound to do so.
No sheriff, constable, coroners, or others of our bailiffs, shall hold pleas
of our crown.
All counties, hundreds, wapentakes and trithings shall be at the old rents
without any additional payment, except our demesne manors.
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.
If any free man dies without leaving a will, his chattels shall be
distributed by his nearest kinsfolk and friends under the supervision of the
church, saving to every one the debts which the deceased owed him.
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
arrangement with the seller.
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.
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.
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.
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.
Henceforth all fish-weirs shall be cleared completely from the Thames and
the Medway and throughout all England, except along the seacoast.
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.
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.
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.
If anyone holds of us by fee-farm, socage, or by burgage, and holds lands 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 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 knight 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.
No bailiff shall in future put anyone to trial upon his own bare word,
without reliable witnesses produced for this purpose.
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 judgement of his peers or by the law of
the land.
To no one will we sell, to no one will we refuse or delay right or justice.
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.
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).
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.
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.
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.
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.
All forests that have been made forest in our time shall be immediately
disafforested; and so be it done with riverbanks that have been made
preserves by us in our time.
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 knights of the
same county who are to be chosen by good men 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.
We will immediately return all hostages and charters given to us by
Englishmen, as security for peace or faithful service.
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
Martigny and his brothers, Philip Marc and his brothers and his nephew
Geoffrey, and all their following.
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.
If anyone has been disseised of or kept out of his lands, castles,
franchises or his right by us without the legal judgement 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
judgement 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 thing 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.
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.
No one shall be arrested or imprisoned upon the appeal of a woman for the
death of anyone except her husband.
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 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.
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.
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 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, or if by any chance we do not set out on our pilgrimae,
we will at once do full justice to them in accordance with the laws of the
Welsh and the foresaid regions.
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.
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.
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.
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
has 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.
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.
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.