|
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 honor 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 ú100 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 only 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 neighborhood.
(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
service.
(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
standardized 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 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.
(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 inquiry 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 Athøe, and in future they shall hold no offices
in England. The people in question are Engelard de Cigognø',
Peter, Guy, and Andrew de Chanceaux, Guy de Cigognø,
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 (º 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 inquiry 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
connection 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 unjustly 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 (º 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
inquiry 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 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, 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 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 above
mentioned 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.
|
|