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| 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. |
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