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The Magna Carta
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 Worcester,
William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf
subdeacon and 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,
Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert,
Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert,
Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal,
John Fitz Hugh, and other loyal subjects: (1) FIRST, THAT WE HAVE GRANTED TO GOD, and
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: (2) 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 and 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 earl's barony, the heir or heirs of a knight l00s. at most for the
entire knight's `fee', and any man that owes less shall pay less, in accordance
with the ancient usage of `fees' (3) But if the heir of such a person is under
age and a ward, when he comes of age he shall have his inheritance without
`relief' or fine. (4) The guardian of the land of an heir who
is under age shall take from it only reasonable revenues, customary dues,
and feudal services. He shall do this without destruction 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, and he commits destruction
or damage, we will exact compensation from him, and the land shall be entrusted
to two worthy and 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 and prudent men of the same `fee',
who shall be similarly answerable to us. (5) 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 and the revenues from the land can reasonably bear. (6) 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 heir's next-of-kin. (7) 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 husband's house for forty days after his death, and within this period
her dower shall be assigned to her. (8) 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. (9) Neither we nor our officials will seize
any land or rent in payment of a debt, so long as the debtor has movable
goods
sufficient to discharge the debt. A debtor's 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 debtor's
lands and 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. (10) If anyone who has borrowed a sum of money
from Jews dies before the debt has been repaid, his heir 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. (11) 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. (12) No `scutage' or `aid' may be levied in
our kingdom without its general consent, unless it is for the ransom of
our person, to make our eldest son a knight, and (once) to marry our eldest
daughter. For these purposes ouly a reasonable `aid' may be levied. `Aids'
from the city of London are to be treated similarly. (13) 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 and free customs. (14) 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, the 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. (15) 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. (16) 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. (17) Ordinary lawsuits shall not follow the
royal court around, but shall be held in a fixed place. (18) Inquests of novel disseisin, mort d'ancestor,
and darrein 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. (19) If any assizes cannot be taken on the
day of the county court, as many knights and freeholders shall afterwards
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. (20) 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. (21) Earls and barons shall be fined only
by their equals, and in proportion to the gravity of their offence. (22) 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. (23) No town or person shall be forced to
build bridges over rivers except those with an ancient obligation to do
so. (24) No sheriff, constable, coroners, or other
royal officials are to hold lawsuits that should be held by the royal justices. (25) Every county, hundred, wapentake, and
tithing shall remain at its ancient rent, without increase, except the
royal demesne manors. (26) 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. (27) 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. (28) No constable or other royal official
shall take corn or other movable goods from any man without immediate payment,
unless the seller voluntarily offers postponement of this. (29) 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 servlce. (30) No sheriff, royal official, or other
person shall take horses or carts for transport from any free man, without
his consent. (31) Neither we nor any royal official will
take wood for our castle, or for any other purpose, without the consent
of the owner. (32) 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. (33) All fish-weirs shall be removed from
the Thames, the Medway, and throughout the whole of England, except on
the sea coast. (34) 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. (35) 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. (36) In future nothing shall be paid or accepted
for the issue of a writ of inquisition of life or limbs. It shall be given
gratis, and not refused. (37) If a man holds land of the Crown by `fee-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 `fee-farm', `socage',
or `burgage', unless the `fee-farm' owes knight's 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. (38) In future no official shall place a man
on trial upon his own unsupported statement, without producing credible
witnesses to the truth of it. (39) 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. (40) To no one will we sell, to no one deny
or delay right or justice. (41) 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 safe they shall be safe too. (42) 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. (43) If a man holds lands of any `escheat'
such as the `honour' 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. (44) 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. (45) 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. (46) 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. (47) 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. (48) All evil customs relating to forests
and warrens, foresters, warreners, sheriffs and 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. But we, or
our chief justice if we are not in England, are first to be informed. (49) We will at once return all hostages and
charters delivered up to us by Englishmen as security for peace or for
loyal service. (50) We will remove completely from their
offices the kinsmen of Gerard de Athée, and in future they shall
hold no offices in England. The people in question are Engelard de Cigogné',
Peter, Guy, and Andrew de Chanceaux, Guy de Cigogné, Geoffrey de
Martigny and his brothers, Philip Marc and his brothers, with Geoffrey
his nephew, and all their followers. (51) 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. (52) 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 (§ 61). 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. (53) We shall have similar respite in rendering
justice in connexion with forests that are to be disafforested, or to remain
forests, when these were first a-orested by our father Henry or our brother
Richard; with the guardianship of lands in another person's `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. (54) No one shall be arrested or imprisoned
on the appeal of a woman for the death of any person except her husband. (55) All fines that have been given to us
unjustiy and against the law of the land, and all fines 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 (§ 61) 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 set aside, and someone else chosen
and sworn in his place, as a substitute for the single occasion, by the
rest of the twenty-five. (56) 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. (57) 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 to the laws of Wales and the
said regions. (58) We will at once return the son of Llywelyn,
all Welsh hostages, and the charters delivered to us as security for the
peace. (59) 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. (60) 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. (61) SINCE WE HAVE GRANTED ALL THESE THINGS
for God, for the better ordering of our kingdom, and to allay 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 or 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 chiefjustice,
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, and 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. (62) 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 for 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 (i.e. 1215) 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. (63) 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 fulness 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 (i.e. 1215: the new regnal year began
on 28 May). For correspondence: P.O. Box 1310 • Herndon, VA 20172-1310 df@declarationfoundation.com © 2008, Declaration Foundation • ® All rights reserved. |