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MAGNA
CHARTA
OR
THE GREAT CHARTER OF
KING JOHN
GRANTED JUNE 15, A.D., 1215.
JOHN, by the Grace of God, King of England, Lord
of Ireland, Duke of Normandy, Aquitaine, and Count
of Anjou, to his Archbishops, Bishops, Abbots,
Earls, Barons, Justiciaries, Foresters, Sheriffs,
Governors, Officers, and to all Bailiffs, and his
faithful subjects, greeting. Know ye, that we, in
the presence of God, and for the salvation of our
soul, and the souls of all our ancestors and heirs,
and unto the honour of God and the advancement of
Holy Church, and amendment of our Realm, 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; Jocelin,
of bath and Glastonbury; Hugh, of Lincoln; Walter,
of Worcester; William, of Coventry; Benedict, of
Rochester&emdash;Bishops: of Master Pandulph,
Sub-Deacon and Familiar of our Lord the Pope;
Brother Aymeric, Master of the Knights-Templars in
England; and of the noble Persons, William
Marescall, Earl of Pembroke; William, Earl of
Salisbury; William, Earl of Warren; William, Earl
of Arundel; Alan de Galloway, Constable of
scotland; Warin FitzGerald, Peter FitzHerbert, and
Hubert de Burgh, Seneschal of Poitou; Hugh de
Neville, Matthew FitzHerbert, Thomas Basset, Alan
Basset, Philip of Albiney, Robert de Roppell, John
Mareschal, John FitzHugh, and others, our liegemen,
have, in the first place, granted to God, and by
this our present Charter confirmed, for us and our
heirs for ever:
1. That the Church of England shall be free, and
have her whole rights, and her liberties
inviolable; and we will have them so observed, that
it may appear thence that the freedom of elections,
which is reckoned chief and indispensable to the
English Church, and which we granted and confirmed
by our Charter, and obtained the confirmation of
the same from our Lord the Pope Innocent III,
before the discord between us and our barons, was
granted of mere free will; which Charter we shall
observe, and we do will it to be faithfully
observed by our heirs for ever.
2. We also have granted to all the freemen of
our kingdom, for us and for our heirs for ever, all
the underwritten liberties, to be had and holden by
them and their heirs, of us and our heirs for ever:
If any of our earls, or barons, or others, who hold
of us in chief by military service, shall die, and
at the time of his death his heir shall be of full
age, and owe a relief, he shall have his
inheritance by the ancient relief&emdash;that is to
say, the heir or heirs of an earl, for a whole
earldom, by a hundred pounds; the heir or heirs of
a baron, for a whole barony, by a hundred pounds;
the heir or heirs of a knight, for a whole knight's
free, by a hundred shillings at most; and whoever
oweth less shall give less, according to the
ancient custom of fees.
3. But if the heir of any such shall be under
age, and shall be in ward, when he comes of age he
shall have his inheritance without relief and
without fine.
4. The keeper of the land of such an heir being
under age, shall take of the land of the heir none
but reasonable issues, reasonable customs, and
reasonable services, and that without destruction
and waste of his men and his goods; and if we
commit the custody of any such lands to the
sheriff, or any other who is answerable to us for
the issues of the land, and he shall make
destruction and waste of the lands which he hath in
custody, we will take of him amends, and the land
shall be committed to two lawful and discreet men
of that fee, who shall answer for the issued to us,
or to him to whom we shall assign them; and if we
sell or give to any one the custody of any such
lands, and he therein make destruction or waste, he
shall lose the same custody, which shall be
committed to two lawful and discreet men of that
fee, who shall in like manner answer to us as
aforesaid.
5. But the keeper, so long as he shall have the
custody of the land, shall keep up the houses,
parks, warrens, ponds, mills, and other things
pertaining to the land, out of the issues of the
same land; and shall deliver to the heir, when he
comes of full age, his whole land, stocked with
ploughs and carriages, according as the time of
wainage shall require, and the issues of the land
can reasonably bear.
6. Heirs shall be married with disparagement,
and so that before matrimony shall be contracted,
those who are near in blood to the heir shall have
notice.
7. A widow, after the death of her husband,
shall forthwith and without difficulty have her
marriage and inheritance; nor shall she give
anything for her dower, or her marriage, or her
inheritance, which her husband and she held at the
day of his death; and she may remain in the mansion
house of her husband forty days after his death,
within which time her dower shall be assigned.
8. No widow shall be distrained to marry
herself, so long as she has a mind to live without
a husband; but yet she shall give security that she
will not marry without our assent, if she hold of
us; or without the consent of the lord of whom she
holds, if she hold of another.
9. Neither we nor our bailiffs shall seize any
land or rent for any debt so long as the chattels
of the debtor are sufficient to pay the debt; nor
shall the sureties of the debtor be distrained so
long as the principal debtor has sufficient to pay
the debt; and if the principal debtor shall fail in
the payment of the debt, not having wherewithal to
pay it, then the sureties shall answer the debt;
and if they will they shall have the lands and
rents of the debtor, until they shall be satisfied
for the debt which they paid for him, unless the
principal debtor can show himself acquitted thereof
against the said sureties.
10. If any one have borrowed anything of the
Jews, more or less, and die before the debt be
satisfied, there shall be no interest paid for that
debt, so long as the heir is under ages, of
whomsoever he may hold; and if the debt falls into
our hands, we will only take the chattel mentioned
in the deed.
11. And if any one shall die indebted to the
Jews, his wife shall have her dower and pay nothing
of that debt; and if the deceased left children
under age, they shall have necessaries provided for
them, according to the tenement of the deceased;
and out of the residue the debt shall be paid,
saving, however, the service due to the lords, and
in like manner shall it be done touching debts due
to other than the Jews.
12. NO SCUTAGE OR AID SHALL BE IMPOSED IN OUR
KINGDOM, UNLESS BY THE GENERAL COUNCIL OF OUR
KINGDOM; except for ransoming our person, making
our eldest son a knight and once for marrying our
eldest daughter; and for these there shall be paid
no more than a reasonable aid. In like manner it
shall be concerning the aids of the City of
London.
13. And the City of London shall have all its
ancient liberties and free customs, as well by land
as by water: furthermore, we will and grant that
all other cities and boroughs, and towns and ports,
shall have all their liberties and free
customs.
14. AND FOR HOLDING THE GENERAL COUNCIL OF THE
KINGDOM CONCERNING THE ASSESSMENT OF AIDS, EXCEPTS
IN THE THREE CASES AFORESAID, AND FOR THE ASSESSING
OF SCUTAGES, WE SHALL CAUSE TO BE SUMMONED THE
ARCHBISHOPS, BISHOPS, ABBOTS, EARLS, AND GREATER
BARONS OF THE REALM, SINGLY BY OUR LETTERS. AND
FURTHERMORE, WE SHALL CAUSE TO BE SUMMONED
GENERALLY, BY OUR SHERIFFS AND BAILIFFS, ALL OTHERS
WHO HOLD OF US IN CHIEF, FOR A CERTAIN DAY, THAT IS
TO SAY, FORTY DAYS BEFORE THEIR MEETING AT LEAST,
AND TO A CERTAIN PLACE; AND IN ALL LETTERS OF SUCH
SUMMONS WE WILL DECLARE THE CAUSE OF SUCH SUMMONS.
AND SUMMONS BEING THUS MADE, THE BUSINESS SHALL
PROCEED ON THE DAY APPOINTED, ACCORDING TO THE
ADVICE OF SUCH AS SHALL BE PRESENT, ALTHOUGH ALL
THAT WERE SUMMONED COME NOT.
15. We will not for the future grant to any one
that he may take aid of his own free tenants,
unless to ransom his body, and to make his eldest
son a knight, and once to marry his eldest
daughter; and for this there shall be only paid a
reasonable aid.
16. No man shall be distrained to perform more
service for a knight's fee, or other free tenement,
than is due from thence.
17. Common pleas shall not follow our court, but
shall be holden in some place certain.
18. Trials upon the Writs of Novel Disseisin,
and of Mort d'ancestor, and of Darrein Presentment,
shall not be taken but in their proper counties,
and after this manner: We, or if we should be out
of the realm, our chief justiciary, will send two
justiciaries through every county four times a
year, who, with four knights of each county, chosen
by the county, shall hold the said assizes in the
county, on the day, and at the place appointed.
19. And if any matters cannot be determined on
the day appointed for holding the assizes in each
county, so many of the knights and freeholders as
have been at the assizes aforesaid shall stay to
decide them as is necessary, according as there is
more or less business.
20. A freeman shall not be amerced for a small
offence, but only according to the degree of the
offence; and for a great crime according to the
heinousness of it, saving to him his contenement;
and after the same manner a merchant, saving to him
his merchandise. And a villein shall be amerced
after the same manner, saving to him his wainage,
if he falls under our mercy; and none of the
aforesaid amerciaments shall be assessed but by the
oath of honest men in the neighbourhood.
21. Earls and barons shall not be amerced but by
their peers, and after the degree of the
offence.
22. No ecclesiastical person shall be amerced
for his lay tenement, but according to the
proportion of the others aforesaid, and not
according to the value of his ecclesiastical
benefice.
23. Neither a town nor any tenant shall be
distrained to make bridges or embankments, unless
that anciently and of right they are bound to do
it.
24. No sheriff, constable, coroner, or other our
bailiffs, shall hold "Pleas of the Crown."
25. All counties, hundreds, wapentakes, and
trethings, shall stand at the old rents, without
any increase, except in our demesne manors.
26. If nay one holding of us a lay fee die, and
the sheriff, or our bailiffs, show our letters
patent of summons for debt which the dead man die
owe to us, it shall be lawful for the sheriff or
our bailiff to attach and register the chattels of
the dead, found upon his lay fee, to the amount of
the debt, by the view of lawful men, so as nothing
be removed until our whole clear debt be paid; and
the rest shall be left to the executors to fulfil
the testament of the dead; and if there be nothing
due from his to us, all the chattels shall go to
the use of the dead, saving to his wife and
children their reasonable shares.
27. If any freemen shall die intestate, his
chattels shall be distributed by the hands of his
nearest relations and friends, by view of the
Church, saving to every one his debts which the
deceased owed to him.
28. No constable or bailiff of ours shall take
corn or other chattels of any man unless he
presently give him money for it, or hath respite of
payment by the good-will of the seller.
29. No constable shall distrain any knight to
give money for castle-guard, if he himself will do
it in his person, or by another able man, in case
he cannot do it through any reasonable cause. And
if we have carried or sent him into the army, he
shall be free from such guard for the time he shall
be in the army by our command.
30. No sheriff or bailiff of ours, or any other,
shall take horses or carts of any freeman for
carriage, without the assent of the said
freeman.
31. Neither shall we nor our bailiffs take any
man's timber for our castles or other uses, unless
by the consent of the owner of the timber.
32. We will retain the lands of those convicted
of felony only one year and a day, and then they
shall be delivered to the lord of the fee.
33. All kydells (wears) for the time to come
shall be put down the rivers of Thames and Medway,
and throughout all England, except upon the
sea-coast.
34. The writ which is called praecipe, for the
future, shall not be made out to any one, of any
tenement, whereby a freeman may lose his court.
35. There shall be one measure of wine and one
of ale through our whole realm; and one measure of
corn, that is to say, the London quarter; and one
breadth of dyed cloth, and russets, and haberjeets,
that is to say, two ells within the lists; and it
shall be of weights as it is of measures.
36. NOTHING FROM HENCEFORTH SHALL BE GIVEN OR
TAKEN FOR A WRIT OF INQUISTION OF LIFE OR LIMB, BUT
IT SHALL BE GRANTED FREELY, AND NOT DENIED.
37. If any do hold of us by fee-farm, or by
socage, or by burgage, and he hold also lands of
any other by knight's service, we will not have the
custody of the heir of land, which is holden of
another man's fee by reason of the fee-farm,
socage, or burgage; neither will we have the
custody of the fee-farm, or socage, or burgage,
unless a knight's service was due to us out of the
same fee-farm. We will not have the custody of an
heir, nor of any land which he holds of another by
knight's service, by reason of any petty serjeanty
by which he holds of us, by the service of paying a
knife, an arrow, or the like.
38. No bailiff from henceforth shall put any man
to his law upon his own bare saying, without
credible witnesses to prove it.
39. NO FREEMAN SHALL BE TAKEN OR IMPRISONED, OR
DISSEISED, OR OUTLAWED, OR BANISHED, OR ANY WAYS
DESTROYED, NOR WILL WE PASS UPON HIM, NOR WILL WE
SEND UPON HIM, UNLESS BY THE LAWFUL JUDGMENT OF HIS
PEERS, OR BY THE LAW OF THE LAND.
40. WE WILL SELL TO NO MAN, WE WILL NOT DENY TO
ANY MAN, EITHER JUSTICE OR RIGHT.
41. All merchants shall have safe and secure
conduct, to go out of, and to come into England,
and to stay there and to pass as well by land as by
water, for buying and selling by the ancient and
allowed customs, without any unjust tolls; except
in time of war, or when they are of any nation at
war with us. And if there be found any such in our
land, in the beginning of the war, they shall be
attached, without damage to their bodies or goods,
until it be known unto us, or our chief justiciary,
how our merchants be treated in the nation at war
with us; and if ours be safe there, the others
shall be safe in our dominions.
42. It shall be lawful, for the time to come,
for any one to go out of our kingdom, and return
safely and securely by land or by water, saving his
allegiance to us; unless in time of war, by some
short space, for the common benefit of the realm,
except prisoners and outlaws, according to the law
of the land, and people in war with us, and
merchants who shall be treated as is above
mentioned.
43. If any man hold of any escheat, as of the
honour of Wallingford, Nottingham, Boulogne,
Lancaster, or of other escheats which be in our
hands, and are baronies, and die, his heir shall
give no other relief, and perform no other service
to us than he would to the baron, if it were in the
baron's hand; and we will hold it after the same
manner as the baron held it.
44. Those men who dwell without the forest from
henceforth shall not come before our justiciaries
of the forest, upon common summons, but such as are
impleaded, or are sureties for any that are
attached for something concerning the forest.
45. We will not make any justices, constables,
sheriffs, or bailiffs, but of such as know the law
of the realm and mean duly to observe it.
46. All barons who have founded abbeys, which
they hold by charter from the kings of England, or
by ancient tenure, shall have the keeping of them,
when vacant, as they ought to have.
47. All forests that have been made forests in
our time shall forthwith be disforested; and the
same shall be done with the water-banks that have
been fenced in by us in our time.
48. All evil customs concerning forests,
warrens, foresters, and warreners, sheriffs and
their officers, water-banks and their keepers,
shall forthwith be inquired into in each county, by
twelve sworn knights of the same county, chosen by
creditable persons of the same county; and within
forty days after the said inquest be utterly
abolished, so as never to be restored: so as we are
first acquainted therewith, or our justiciary, if
we should not be in England.
49. We will immediately give up all hostages and
charters delivered unto us by our English subjects,
as securities for their keeping the peace, and
yielding us faithful service.
50. We will entirely remove from their
bailiwicks the relations of Gerard de Atheyes, so
that for the future they shall have no bailiwick in
England; we will also remove Engelard de Cygony,
Andrew, Peter, and Gyon, from the Chancery; Gyon de
Cygony, Geoffrey de Martyn, and his brothers;
Philip Mark, and his brothers, and his nephew,
Geoffrey, and their whole retinue.
51. As soon as peace is restored, we will send
out of the kingdom all foreign knights,
cross-bowmen, and stipendiaries, who are come with
horses and arms to the molestation of our
people.
52. If any one has been dispossessed or deprived
by us, without the lawful judgment of his peers, of
his lands, castles, liberties, or right, we will
forthwith restore them to him; and if any dispute
arise upon this head, let the matter be decided by
the five-and-twenty barons hereafter mentioned, for
the preservation of the peace. And for all those
things of which any person has, without the lawful
judgment of his peers, been dispossessed or
deprived, either by our father King Henry, or our
brother King Richard, and which we have in our
hands, or are possessed by others, and we are bound
to warrant and make good, we shall have a respite
till the term usually allowed the crusaders;
excepting those things about which there is a plea
depending, or whereof an inquest hat been made, by
our order before we undertook the crusade; but as
soon as we return from our expedition, or if
perchance we tarry at home and do not make our
expedition, we will immediately cause full justice
to be administered therein.
53. The same respite we shall have, and in the
same manner, about administering justice,
disafforesting or letting continue the forests,
which Henry our father, and our brother Richard,
have afforested; and the same concerning the
wardship of the lands which are in another's fee,
but the wardship of which we have hitherto had, by
reason of a fee held of us by knight's service; and
for the abbeys founded in any other fee than our
own, in which the lord of the fee says he has a
right; and when we return from our expedition, or
if we tarry at home, and do not make our
expedition, we will immediately do full justice to
all the complainants in this behalf.
54. No man shall be taken or imprisoned upon the
appeal of a woman, for the death of any other than
her husband.
55. All unjust and illegal fines made by us, and
all amerciaments imposed unjustly and contrary to
the law of the land, shall be entirely given up, or
else be left to the decision of the five-and-twenty
barons hereafter mentioned for the preservation of
the peace, or of the major part of them, together
with the aforesaid Stephen, Archbishop of
Canterbury, if he can be present, and others whom
he shall think fit to invite; and if he cannot be
present, the business shall notwithstanding go on
without him; but so that if one or more of the
aforesaid five-and-twenty barons be plaintiffs in
the same cause, they shall be set aside as to what
concerns this particular affair, and others be
chosen in their room, out of the said
five-and-twenty, and sworn by the rest to decide
the matter.
56. If we have disseised or dispossessed the
Welsh of any lands, liberties, or other things,
without the legal judgment of their peers, either
in England or in Wales, they shall be immediately
restored to them; and if any dispute arise upon
this head, the matter shall be determined in the
Marches by the judgment of their peers; for
tenements in Wales according to the law of England,
for tenements in Wales according to the law of
Wales, for tenements of the Marches according to
the law of the Marches: the same shall the Welsh do
to us and our subjects.
57. As for all those things of which a Welshman
hath, without the lawful judgment of his peers,
been disseised or deprived of by King Henry our
father, or our brother King Richard, and which we
either have in our hands or others are possessed
of, and we are obliged to warrant it, we shall have
a respite till the time generally allowed the
crusaders; excepting those things about which a
suit is depending, or whereof an inquest has been
made by our order, before we undertook the crusade;
but when we return, or if we stay at home without
performing our expedition, we will immediately do
them full justice, according to the laws of the
Welsh and of the parts before mentioned.
58. We will without delay dismiss the son of
Llewellin, and all the Welsh hostages, and release
them from the engagements they have entered into
with us for the preservation of the peace.
59. We will treat with Alexander, King of Scots,
concerning the restoring his sisters and hostages,
and his right and liberties, in the same form and
manner as we shall do the rest of our barons of
England; unless by the charters which we have from
his father, William, late King of Scots, it ought
to be otherwise; and this shall be left to the
determination of his peers in our court.
60. All the aforesaid customs and liberties,
which we have granted to be holden in our kingdom,
as much as it belongs to us, all people of our
kingdom, as well clergy as laity, shall observe, as
far as they are concerned, towards their
dependents.
61. And whereas, for the honour of God and the
amendment of our kingdom, and for the better
quieting the discord that has arisen between us and
our barons, we have granted all these things
aforesaid; willing to render them firm and lasting,
we do give and grant our subjects the underwritten
security, namely that the barons may choose
five-and-twenty barons of the kingdom, whom they
think convenient; who shall take care, with all
their might, to hold and observe, and cause to be
observed, the peace and liberties we have granted
them, and by this our present Charter confirmed in
this manner; that is to say, that if we, our
justiciary, our bailiffs, or any of our officers,
shall in any circumstance have failed in the
performance of them towards any person, or shall
have broken through any of theses articles of peace
and security, and the offence be notified to four
barons chosen out of the five-and-twenty before
mentioned, the said four barons shall repair to us,
or our justiciary, if we are out of the realm, and,
laying open the grievance, shall petition to have
it redressed without delay: and if it be not
redressed by us, or if we should chance to be out
of the realm, if it should not be redressed by our
justiciary within forty days, reckoning from the
time it has been notified to us, or to our
justiciary (if we should be out of the realm), the
four barons aforesaid shall lay the cause before
the rest of the five-and-twenty barons; and the
said five-and-twenty barons, together with the
community of the whole kingdom, shall distrain and
distress us in all the ways in which they shall be
able, by seizing our castles, lands, possessions,
and in any other manner they can, till the
grievance is redressed, according to their
pleasure; saving harmless our own persona, and the
persons or our Queen and children; and when it is
redressed, they shall behave to us as before. And
any person whatsoever in the kingdom may swear that
he will obey the orders of the five-and-twenty
barons aforesaid in the execution of the premises,
and will distress us, jointly with them, to the
utmost of his power; and we give public and free
liberty to any one that shall please to swear to
this, and never will hinder any person from taking
the same oath.
62. As for all those of our subjects who will
not, of their own accord, swear to join the
five-and-twenty barons in distraining and
distressing us, we will issue orders to make them
take the same oath as aforesaid. And if any one of
the five-and-twenty barons dies, or goes out of the
kingdom, or is hindered any other way from carrying
the things aforesaid into execution, the rest of
the said five-and-twenty barons may choose another
in his room, at their discretion, who shall be
sworn in like manner as the rest. In all things
that are committed to the execution of these
five-and-twenty barons, if, when they are all
assembled together, they should happen to disagree
about any matter, and some of them, when summoned,
will not or cannot come, whatever is agreed upon,
or enjoined, by the major part of those that are
present shall be reputed as firm and valid as if
all the five-and-twenty had given their consent;
and the aforesaid five-and-twenty shall swear that
all the premises they shall faithfully observe, and
cause with all their power to be observed. And we
will procure nothing from any one, by ourselves nor
by another, whereby any of these concessions and
liberties may be revoked or lessened; and if any
such thing shall have been obtained, let it be null
and void; neither will we ever make use of it
either by ourselves of any other. And all the
ill-will, indignations, and rancours that have
arisen between us and our subjects, of the clergy
and laity, from the first breaking out of the
dissensions between us, we do fully remit and
forgive: moreover, all trespasses occasioned by the
said dissensions, from Easter in the sixteenth year
of our reign till the restoration of peace and
tranquillity, we hereby entirely remit to all, both
clergy and laity, and as far as in us lies do fully
forgive. We have, moreover, cause to be made for
them the letters patent testimonial of Stephen,
Lord Archbishop of Canterbury, Henry, Lord
Archbishop of Dublin, and the bishops aforesaid, as
also of Master Pandulph, for the security and
concessions aforesaid.
63. Wherefore we will and firmly enjoin, that
the Church of England be free, and that all men in
our kingdom have and hold all the aforesaid
liberties, rights, and concessions, truly and
peaceably, freely and quietly, fully and wholly to
themselves and their heirs, of us and our heirs, in
all things and places, for ever, as is aforesaid.
It is also sworn, as well on our part as on the
part of the barons, that all the things aforesaid
shall be observed in good faith, and without evil
subtilty. Given under our hand, in the presence of
the witnesses above named, and many others, in the
meadow called Runingmede, between Windsor and
Staines, the 15th day of June, in the 17th year of
our reign.
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