Magna Carta 1215
Source: The Avalon Project at Yale Law
School
The link at the bottom of the page will provide definition for many "old" word
meanings as well as an index.
Preamble:
John, by the grace of God, king of England, lord of Ireland,
duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops,
abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants,
and to all his bailiffs and liege subjects, greetings. Know that, having regard
to God and for the salvation of our soul, and those of all our ancestors and
heirs, and unto the honor of God and the advancement of his holy Church and for
the rectifying of our realm, we have granted as underwritten by 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,
Benedict of Rochester, bishops; of Master
Pandulf, subdeacon and member of the household of our lord the
Pope, of brother
Aymeric (master of the Knights of the Temple in England), and
of the illustrious men
William Marshal, earl of Pembroke,
William, earl of Salisbury,
William, earl of Warenne,
William, earl of Arundel,
Alan of Galloway (constable of Scotland),
Waren Fitz Gerold,
Peter Fitz Herbert,
Hubert De Burgh (seneschal of Poitou),
Hugh de Neville,
Matthew Fitz Herbert,
Thomas Basset,
Alan Basset,
Philip d'Aubigny,
Robert of Roppesley,
John Marshal,
John Fitz Hugh, and others, our liegemen.
1. In the first place we
have granted to God, and by this our present charter confirmed for us and our
heirs forever that the English Church shall be free, and shall have her rights
entire, and her liberties inviolate; and we will that it be thus observed; which
is apparent from this that the freedom of elections, which is reckoned most
important and very essential to the English Church, we, of our pure and
unconstrained will, did grant, and did by our charter confirm and did obtain the
ratification of the same from our lord, Pope Innocent III, before the quarrel
arose between us and our barons: and this we will observe, and our will is that
it be observed in good faith by our heirs forever. We have also granted to all
freemen of our kingdom, for us and our heirs forever, all the underwritten
liberties, to be had and held by them and their heirs, of us and our heirs
forever.
2. If any of our earls or
barons, or others holding of us in chief by military service shall have died,
and at the time of his death his heir shall be full of age and owe "relief", he
shall have his inheritance by the old relief, to wit, the heir or heirs of an
earl, for the whole baroncy of an earl by L100; the heir or heirs of a baron,
L100 for a whole barony; the heir or heirs of a knight, 100s, at most, and
whoever owes less let him give less, according to the ancient custom of fees.
3. If, however, the heir
of any one of the aforesaid has been under age and in wardship, let him have his
inheritance without relief and without fine when he comes of age.
4. The guardian of the
land of an heir who is thus under age, shall take from the land of the heir
nothing but reasonable produce, reasonable customs, and reasonable services, and
that without destruction or waste of men or goods; and if we have committed the
wardship of the lands of any such minor to the sheriff, or to any other who is
responsible to us for its issues, and he has made destruction or waster of what
he holds in wardship, we will take of him amends, and the land shall be
committed to two lawful and discreet men of that fee, who shall be responsible
for the issues to us or to him to whom we shall assign them; and if we have
given or sold the wardship of any such land to anyone and he has therein made
destruction or waste, he shall lose that wardship, and it shall be transferred
to two lawful and discreet men of that fief, who shall be responsible to us in
like manner as aforesaid.
5. The guardian, moreover,
so long as he has the wardship of the land, shall keep up the houses, parks,
fishponds, stanks, mills, and other things pertaining to the land, out of the
issues of the same land; and he shall restore to the heir, when he has come to
full age, all his land, stocked with ploughs and wainage, according as the
season of husbandry shall require, and the issues of the land can reasonable
bear.
6. Heirs shall be married
without disparagement, yet so that before the marriage takes place the nearest
in blood to that heir shall have notice.
7. A widow, after the
death of her husband, shall forthwith and without difficulty have her marriage
portion and inheritance; nor shall she give anything for her dower, or for her
marriage portion, or for the inheritance which her husband and she held on the
day of the death of that husband; and she may remain in the house of her husband
for forty days after his death, within which time her dower shall be assigned to
her.
8. No widow shall be
compelled to marry, so long as she prefers to live without a husband; provided
always that she gives security not to marry without our consent, if she holds of
us, or without the consent of the lord of whom she holds, if she holds of
another.
9. Neither we nor our
bailiffs will seize any land or rent for any debt, as long as the
chattels of the debtor are sufficient to repay the debt; nor shall the
sureties of the debtor be
distrained so long as the principal debtor is able to satisfy the debt; and
if the principal debtor shall fail to pay the debt, having nothing wherewith to
pay it, then the sureties shall answer for the debt; and let them have the lands
and rents of the debtor, if they desire them, until they are indemnified for the
debt which they have paid for him, unless the principal debtor can show proof
that he is discharged thereof as against the said sureties.
10. If one who has
borrowed from the Jews any sum, great or small, die before that loan be repaid,
the debt shall not bear interest while the heir is under age, of whomsoever he
may hold; and if the debt fall into our hands, we will not take anything except
the principal sum contained in the bond.
11. And if anyone die
indebted to the Jews, his wife shall have her dower and pay nothing of that
debt; and if any children of the deceased are left under age, necessaries shall
be provided for them in keeping with the holding of the deceased; and out of the
residue the debt shall be paid, reserving, however, service due to feudal lords;
in like manner let it be done touching debts due to others than Jews.
12. No
scutage not aid shall be imposed on 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 there shall not
be levied more than a reasonable aid. In like manner it shall be done concerning
aids from the city of London.
13. And the city of
London shall have all it ancient liberties and free customs, as well by land as
by water; furthermore, we decree and grant that all other cities, boroughs,
towns, and ports shall have all their liberties and free customs.
14. And for obtaining the
common counsel of the kingdom anent 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, severally by our letters; and we
will moveover cause to be summoned generally, through our sheriffs and bailiffs,
and others who hold of us in chief, for a fixed date, namely, after the expiry
of at least forty days, and at a fixed place; and in all letters of such summons
we will specify the reason of the summons. And when the summons has thus been
made, the business shall proceed on the day appointed, according to the counsel
of such as are present, although not all who were summoned have come.
15. We will not for the
future grant to anyone license to take an aid from his own free tenants, except
to ransom his person, to make his eldest son a knight, and once to marry his
eldest daughter; and on each of these occasions there shall be levied only a
reasonable aid.
16. No one shall be
distrained for performance of greater service for a knight's fee, or for any
other free tenement, than is due therefrom.
17. Common pleas shall
not follow our court, but shall be held in some fixed place.
18. Inquests of
novel disseisin, of
mort d'ancestor, and of
darrein presentment shall not be held elsewhere than in their own county
courts, and that in manner following; We, or, if we should be out of the realm,
our chief justiciar, will send two justiciaries through every county four times
a year, who shall alone with four knights of the county chosen by the county,
hold the said
assizes in the county court, on the day and in the place of meeting of that
court.
19. And if any of the
said assizes cannot be taken on the day of the county court, let there remain of
the knights and freeholders, who were present at the county court on that day,
as many as may be required for the efficient making of judgments, according as
the business be more or less.
20. A freeman shall not
be
amerced for a slight offense, except in accordance with the degree of the
offense; and for a grave offense he shall be amerced in accordance with the
gravity of the offense, yet saving always his "contentment"; and a merchant in
the same way, saving his "merchandise"; and a villein shall be amerced in the
same way, saving his "wainage" if they have fallen into our mercy: and none of
the aforesaid amercements shall be imposed except by the oath of honest men of
the neighborhood.
21. Earls and barons
shall not be amerced except through their peers, and only in accordance with the
degree of the offense.
22. A clerk shall not be
amerced in respect of his lay holding except after the manner of the others
aforesaid; further, he shall not be amerced in accordance with the extent of his
ecclesiastical benefice.
23. No village or
individual shall be compelled to make bridges at river banks, except those who
from of old were legally bound to do so.
24. No sheriff,
constable, coroners, or others of our bailiffs, shall hold pleas of our Crown.
25. All counties,
hundred, wapentakes, and trithings (except our demesne manors) shall remain at
the old rents, and without any additional payment.
26. If anyone holding of
us a lay fief shall die, and our sheriff or bailiff shall exhibit our letters
patent of summons for a debt which the deceased owed us, it shall be lawful for
our sheriff or bailiff to attach and enroll the chattels of the deceased, found
upon the lay fief, to the value of that debt, at the sight of law worthy men,
provided always that nothing whatever be thence removed until the debt which is
evident shall be fully paid to us; and the residue shall be left to the
executors to fulfill the will of the deceased; and if there be nothing due from
him to us, all the chattels shall go to the deceased, saving to his wife and
children their reasonable shares.
27. If any freeman shall
die
intestate, his chattels shall be distributed by the hands of his nearest
kinsfolk and friends, under supervision of the Church, saving to every one the
debts which the deceased owed to him.
28. No constable or other
bailiff of ours shall take corn or other provisions from anyone without
immediately tendering money therefor, unless he can have postponement thereof by
permission of the seller.
29. No constable shall
compel any knight to give money in lieu of castle-guard, when he is willing to
perform it in his own person, or (if he himself cannot do it from any reasonable
cause) then by another responsible man. Further, if we have led or sent him upon
military service, he shall be relieved from guard in proportion to the time
during which he has been on service because of us.
30. No sheriff or bailiff
of ours, or other person, shall take the horses or carts of any freeman for
transport duty, against the will of the said freeman.
31. Neither we nor our
bailiffs shall take, for our castles or for any other work of ours, wood which
is not ours, against the will of the owner of that wood.
32. We will not retain
beyond one year and one day, the lands those who have been convicted of felony,
and the lands shall thereafter be handed over to the lords of the fiefs.
33. All kydells for the
future shall be removed altogether from Thames and Medway, and throughout all
England, except upon the seashore.
34. The writ which is
called
praecipe shall not for the future be issued to anyone, regarding any
tenement whereby a freeman may lose his court.
35. Let there be one
measure of wine throughout our whole realm; and one measure of ale; and one
measure of corn, to wit, "the London quarter"; and one width of cloth (whether
dyed, or russet, or "halberget"), to wit, two ells within the selvedges; of
weights also let it be as of measures.
36. Nothing in future
shall be given or taken for awrit of inquisition of life or limbs, but freely it
shall be granted, and never denied.
37. If anyone holds of us
by fee-farm, either by
socage or by
burage, or of any other land by knight's service, we will not (by reason of
that fee-farm, socage, or burgage), have the wardship of the heir, or of such
land of his as if of the fief of that other; nor shall we have wardship of that
fee-farm, socage, or burgage, unless such fee-farm owes knight's service. We
will not by reason of any small serjeancy which anyone may hold of us by the
service of rendering to us knives, arrows, or the like, have wardship of his
heir or of the land which he holds of another lord by knight's service.
38. No bailiff for the
future shall, upon his own unsupported complaint, put anyone to his "law",
without credible witnesses brought for this purposes.
39. No freemen shall be
taken or imprisoned or
disseised or exiled or in any way destroyed, nor will we go upon him nor
send upon 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
have safe and secure exit from England, and entry to England, with the right to
tarry there and to move about as well by land as by water, for buying and
selling by the ancient and right customs, quit from all evil tolls, except (in
time of war) such merchants as are of the land at war with us. And if such are
found in our land at the beginning of the war, they shall be detained, without
injury to their bodies or goods, until information be received by us, or by our
chief justiciar, how the merchants of our land found in the land at war with us
are treated; and if our men are safe there, the others shall be safe in our
land.
42. It shall be lawful in
future for anyone (excepting always those imprisoned or outlawed in accordance
with the law of the kingdom, and natives of any country at war with us, and
merchants, who shall be treated as if above provided) to leave our kingdom and
to return, safe and secure by land and water, except for a short period in time
of war, on grounds of public policy- reserving always the allegiance due to us.
43. If anyone holding of
some
escheat (such as the honor of Wallingford, Nottingham, Boulogne, Lancaster,
or of other escheats which are in our hands and are baronies) shall die, his
heir shall give no other relief, and perform no other service to us than he
would have done to the baron if that barony had been in the baron's hand; and we
shall hold it in the same manner in which the baron held it.
44. Men who dwell without
the forest need not henceforth come before our justiciaries of the forest upon a
general summons, unless they are in plea, or sureties of one or more, who are
attached for the forest.
45. We will appoint as
justices, constables, sheriffs, or bailiffs only such as know the law of the
realm and mean to observe it well.
46. All barons who have
founded abbeys, concerning which they hold charters from the kings of England,
or of which they have long continued possession, shall have the wardship of
them, when vacant, as they ought to have.
47. All forests that have
been made such in our time shall forthwith be disafforsted; and a similar course
shall be followed with regard to river banks that have been placed "in defense"
by us in our time.
48. All evil customs
connected with forests and warrens, foresters and warreners, sheriffs and their
officers, river banks and their wardens, shall immediately by inquired into in
each county by twelve sworn knights of the same county chosen by the honest men
of the same county, and shall, within forty days of the said inquest, be utterly
abolished, so as never to be restored, provided always that we previously have
intimation thereof, or our justiciar, if we should not be in England.
49. We will immediately
restore all hostages and charters delivered to us by Englishmen, as sureties of
the peace of faithful service.
50. We will entirely
remove from their bailiwicks, the relations of
Gerard of Athee (so that in future they shall have no bailiwick
in England); namely,
Engelard of Cigogne,
Peter,
Guy, and
Andrew of Chanceaux,
Guy of Cigogne,
Geoffrey of Martigny with his brothers,
Philip Mark with his brothers and his nephew
Geoffrey, and the whole brood of the same.
51. As soon as peace is
restored, we will banish from the kingdom all foreign born knights, crossbowmen,
serjeants, and mercenary soldiers who have come with horses and arms to the
kingdom's hurt.
52. If anyone has been
dispossessed or removed by us, without the legal judgment of his peers, from his
lands, castles, franchises, or from his right, we will immediately restore them
to him; and if a dispute arise over this, then let it be decided by the five and
twenty barons of whom mention is made below in the clause for securing the
peace. Moreover, for all those possessions, from which anyone has, without the
lawful judgment of his peers, been disseised or removed, by our father, King
Henry, or by our brother, King
Richard, and which we retain in our hand (or which as possessed
by others, to whom we are bound to warrant them) we shall have respite until the
usual term of crusaders; excepting those things about which a plea has been
raised, or an inquest made by our order, before our taking of the cross; but as
soon as we return from the expedition, we will immediately grant full justice
therein.
53. We shall have,
moreover, the same respite and in the same manner in rendering justice
concerning the disafforestation or retention of those forests which Henry our
father and Richard our brother afforested, and concerning the wardship of lands
which are of the fief of another (namely, such wardships as we have hitherto had
by reason of a fief which anyone held of us by knight's service), and concerning
abbeys founded on other fiefs than our own, in which the lord of the fee claims
to have right; and when we have returned, or if we desist from our expedition,
we will immediately grant full justice to all who complain of such things.
54. No one shall be
arrested or imprisoned upon the appeal of a woman, for the death of any other
than 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 it
shall be done concerning them according to the decision of the five and twenty
barons whom mention is made below in the clause for securing the pease, or
according to 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 bring with him for this purpose, and if he cannot be present the
business shall nevertheless proceed without him, provided always that if any one
or more of the aforesaid five and twenty barons are in a similar suit, they
shall be removed as far as concerns this particular judgment, others being
substituted in their places after having been selected by the rest of the same
five and twenty for this purpose only, and after having been sworn.
56. If we have disseised
or removed 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 arise over this, then let it be decided in
the marches by the judgment of their peers; for the tenements in England
according to the law of England, for tenements in Wales according to the law of
Wales, and for tenements in the marches according to the law of the marches.
Welshmen shall do the same to us and ours.
57. Further, for all
those possessions from which any Welshman has, without the lawful judgment of
his peers, been disseised or removed by King Henry our father, or King Richard
our brother, and which we retain in our hand (or which are possessed by others,
and which we ought to warrant), we will have respite until the usual term of
crusaders; excepting those things about which a plea has been raised or an
inquest made by our order before we took the cross; but as soon as we return (or
if perchance we desist from our expedition), we will immediately grant full
justice in accordance with the laws of the Welsh and in relation to the foresaid
regions.
58. We will immediately
give up the son of Llywelyn and all the hostages of Wales, and the charters
delivered to us as security for the peace.
59. We will do towards
Alexander, king of Scots, concerning the return of his sisters
and his hostages, and concerning his franchises, and his right, in the same
manner as we shall do towards our owher barons of England, unless it ought to be
otherwise according to the charters which we hold from
William his father, formerly king of Scots; and this shall be
according to the judgment of his peers in our court.
60. Moreover, all these
aforesaid customs and liberties, the observances of which we have granted in our
kingdom as far as pertains to us towards our men, shall be observed by all of
our kingdom, as well clergy as laymen, as far as pertains to them towards their
men.
61. Since, moveover, for
God and the amendment of our kingdom and for the better allaying of the quarrel
that has arisen between us and our barons, we have granted all these
concessions, desirous that they should enjoy them in complete and firm endurance
forever, we give and grant to them the underwritten security, namely, that the
barons choose five and twenty barons of the kingdom, whomsoever they will, who
shall be bound with all their might, to observe and hold, and cause to be
observed, the peace and liberties we have granted and confirmed to them by this
our present Charter, so that if we, or our justiciar, or our bailiffs or any one
of our officers, shall in anything be at fault towards anyone, or shall have
broken any one of the articles of this peace or of this security, and the
offense be notified to four barons of the foresaid five and twenty, the said
four barons shall repair to us (or our justiciar, if we are out of the realm)
and, laying the transgression before us, petition to have that transgression
redressed without delay. And if we shall not have corrected the transgression
(or, in the event of our being out of the realm, if our justiciar shall not have
corrected it) within forty days, reckoning from the time it has been intimated
to us (or to our justiciar, if we should be out of the realm), the four barons
aforesaid shall refer that matter to the rest of the five and twenty barons, and
those five and twenty barons shall, together with the community of the whole
realm, distrain and distress us in all possible ways, namely, by seizing our
castles, lands, possessions, and in any other way they can, until redress has
been obtained as they deem fit, saving harmless our own person, and the persons
of our queen and children; and when redress has been obtained, they shall resume
their old relations towards us. And let whoever in the country desires it, swear
to obey the orders of the said five and twenty barons for the execution of all
the aforesaid matters, and along with them, to molest us to the utmost of his
power; and we publicly and freely grant leave to everyone who wishes to swear,
and we shall never forbid anyone to swear. All those, moveover, in the land who
of themselves and of their own accord are unwilling to swear to the twenty five
to help them in constraining and molesting us, we shall by our command compel
the same to swear to the effect foresaid. And if any one of the five and twenty
barons shall have died or departed from the land, or be incapacitated in any
other manner which would prevent the foresaid provisions being carried out,
those of the said twenty five barons who are left shall choose another in his
place according to their own judgment, and he shall be sworn in the same way as
the others. Further, in all matters, the execution of which is entrusted,to
these twenty five barons, if perchance these twenty five are present and
disagree about anything, or if some of them, after being summoned, are unwilling
or unable to be present, that which the majority of those present ordain or
command shall be held as fixed and established, exactly as if the whole twenty
five had concurred in this; and the said twenty five shall swear that they will
faithfully observe all that is aforesaid, and cause it to be observed with all
their might. And we shall procure nothing from anyone, directly or indirectly,
whereby any part of these concessions and liberties might be revoked or
diminished; and if any such things has been procured, let it be void and null,
and we shall never use it personally or by another.
62. And all the will,
hatreds, and bitterness that have arisen between us and our men, clergy and lay,
from the date of the quarrel, we have completely remitted and pardoned to
everyone. Moreover, all trespasses occasioned by the said quarrel, from Easter
in the sixteenth year of our reign till the restoration of peace, we have fully
remitted to all, both clergy and laymen, and completely forgiven, as far as
pertains to us. And on this head, 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, of the bishops aforesaid, and of
Master
Pandulf as touching this security and the concessions
aforesaid.
63. Wherefore we will and
firmly order that the English Church be free, and that the men in our kingdom
have and hold all the aforesaid liberties, rights, and concessions, well and
peaceably, freely and quietly, fully and wholly, for themselves and their heirs,
of us and our heirs, in all respects and in all places forever, as is aforesaid.
An oath, moreover, has been taken, as well on our part as on the part of the
barons, that all these conditions aforesaid shall be kept in good faith and
without evil intent. Given under our hand - the above named and many others
being witnesses - in the meadow which is called Runnymede, between Windsor and
Staines, on the fifteenth day of June, in the seventeenth year of our reign.
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