MAGNA CARTA
(The Great Charter)
Runnymede, England
June 15, 1215
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 Coventry, Benedict, Bishop of
Rochester, Master Pandulf Subdeacon & 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, Allen de Galloway, Constable of Scotland,
Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh, Seneschal of
Poiters, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset,
Phillip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh and other
loyal subjects.
First that we have granted to God & 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. 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 & 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
Earls's Barony the heir or heirs of an knight 100 s. at most for the entire
knight's fee & any man that owes less shall pay less in accordance with the
ancient usage of fees. But if the heir of such person is under age & a ward
when he comes of age he shall have his inheritance without relief or fine.
The guardian of the land of an heir who is under age shall take from it
only reasonable revenues customary dues & feudal services. He shall do this
without obstruction 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 & he commits destruction or damage we will exact compensation
from him and the land shall be entrusted to two worthy & 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 & prudent
men of the same fee who shall be similarly answerable to us. 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 & the revenues from the land can reasonably
bear. 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
the heir's next of kin.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 husbands house
for Forty days after his death and within this period her dower shall be
assigned to her. 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. Neither we nor our
officials will seize any land or rent in payment of a debt so long as the
debtor has moveable goods sufficient to discharge the debt. A debtors
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 debtors land & 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. If anyone who has borrowed a sum of monies
from Jews dies before the debt has been repaid, his heirs 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. 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. No scutage or aid may be levied in our kingdom
without its general consent unless it is for the ransom of one person, to
make our eldest son a knight, and once to marry our eldest daughter. For
these purposes only a reasonable aid may be levied. Aids from the City of
London are to be treated similarly. 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 & free customs. 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 th e 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. 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. 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. Ordinary
lawsuits shall not follow the royal court around but shall be held in a
fixed place. Inquests of novel disseisin, mort d'ancestor, and darrien
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. If any assizes cannot be
taken on the day of the County court as many knights and freeholders shall
afterward 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. 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. Earls and Barons shall be fined
only by their equals and in proportion to the gravity of their offence.
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. No town or person shall be forced to build bridges
over rivers except those with an ancient obligation to do so. No sheriff,
constable, coroners or other royal officials are to hold lawsuits that
should be held by the Royal justices. Every county hundred wapentake and
tithing shall remain at its ancient rent without increase except the royal
demesne manors. 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. 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. No constable or
other royal official shall take the corn or other movable goods from any
man without immediate payment unless the seller voluntarily offers
postponement of this. 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 service. No sheriff royal official or other person shall
take horses or carts for transport from any free man without his consent.
Neither we nor any royal official will take wood for our castle or for any
other purpose without the consent of the owner. 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. All
fish weirs shall be removed from the Thames, the Medway and throughout the
whole of England except on the sea coast. 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. 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. In future nothing shall be paid
or accepted for the issue of a writ of inquisition of life and limbs. It
shall be given gratis and not refused. If a man holds land of the Crown by
free 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 free farm socage or
burgage unless the fee farm owes knights 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. In future no official shall place a man on
trial upon h is own unsupported statement without producing credible
witnesses to the truth of it. 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. To no one will we sell to no one deny or delay right or
justice. 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 save they shall be safe too. 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. If a man holds
lands of any escheat such as the Honor 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. 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. 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. 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. 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. All evil customs relating
to forests and warrens, foresters, warreners, sheriffs & 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. We
will at once return all hostages and charters delivered up to us by
Englishmen as security for peace or for loyal service. we will remove
completely from their Offices the kinsmen of Gerard De Athee and in future
they shall hold no Offices in England. The people in question are Engleard
de Cigogne, Peter Guy and Andrew de Chanceaux, Guy de Cigogne, Geoffrey de
Martigny and his brothers Philip Marc and his brothers with Geoffry his
Nephew and all their followers. 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. 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. 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. We shall have under respite in connexion with forests that are to be
disafforested when these were first afforested by our father Henry or our
brother Richard with the guardianship of lands in other persons 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. No one shall be arrested or imprisoned on the appeal of a
woman for the death of any person except her husband. All fines that have
been given to us unjustly and against the Law of the Land and all finest
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 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 cast aside and
someone else chosen and sworn in his place as a substitute for the single
occasion by the rest of the TwentyFive. 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. 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 tot he laws of Wales
and the said regions. We will at once return the son of Llywelyn, all Welsh
hostages and the charters delivered to us as security for the peace. 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. 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. Since we have
granted all these things for god for the better ordering of our Kingdom and
to ally 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 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 Chief Justice 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
& 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. 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 four 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 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. 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
fullness 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 --
John
Irrevocably, but we or our chief justice if we art not in england are first
to be informed We shall have similar respite in rendering justice in
connexion with Forests that are to be disafforested or to remain forests.