The Magna
Carta
of
1215
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 £ 100 for a whole earl's
barony, the heir or heirs of a baron £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.
[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 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
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 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.
[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 concerning 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 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 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 reasonable aid
shall be levied.
[16]
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.
[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
knights 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,
exept 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 supervision 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
arrangement 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 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.
[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 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.
[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 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.
[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 Athée so that in future they shall have no
office in England, namely Engelard de Cigogné, Peter
and Guy and Andrew de Chanceaux, Guy de Cigogné,
Geoffrey de Martigny 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 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 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 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
This document has been copied produced
and published by The
Welsh Assembly.
To acquant the people of These United
Kingdoms of their Rights and Freedoms as delineated
under the terms of ‘The Magna Carta’ .
Greg Lance – Watkins
Spokesman & PRO for
www.WelshAssembly.org.uk
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