The Magna Carta (Great Charter)
June 15, 1215
American State Papers
Kolbe Library
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John, by the Grace of God, King of
England, Lord of Ireland, Duke of Normandy and Aquitaine,
and Earl of Anjou, to his Archbishops, Bishops, Abbots,
Earls, Barons, Justiciaries, Foresters, Sheriffs,
Governors, Officers, and to all Bailiffs, and his
faithful subjects, -- Greeting.
2 Know ye, that We, in the presence of
God, and for the salvation of our own soul, and of the
souls of all our ancestors, and of our heirs, to the
honor of God, and the exaltation of the Holy Church and
amendment of our Kingdom, by the counsel 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, Joceline of Bath and Glastonbury, Hugh of
Lincoln, Walter of Worcester, William of Coventry, and
Benedict of Rochester, Bishops; Master Pandulph our Lord
the Pope's Subdeacon and familiar, Brother Almeric,
Master of the Knights-Templars in England, and of these
noble persons, William Mareschal Earl of Pembroke,
William Earl of Salisbury, William Earl of Warren,
William Earl of Arundel, Alan de Galloway Constable of
Scotland, Warin Fitz-Gerald, Hubert de Burgh Seneschal of
Poictou, Peter Fitz-Herbert, Hugh de Nevil, Matthew
Fitz-Herbert, Thomas Basset, Alan Basset, Philip de
Albiniac, Robert de Roppel, John Mareschal, John
Fitz-Hugh, and others our liegemen; have in the First
place granted to God, and by this our present Charter,
have confirmed, for us and our heirs for ever:
3 That the
English Church shall be free, and shall have her whole
rights and her liberties inviolable; and we will this to
be observed in such a manner, that it may appear from
thence, that the freedom of elections, which was reputed
most requisite to the English Church, which we granted,
and by our Charter confirmed, and obtained the
Confirmation of the same, from our Lord Pope Innocent the
Third, before the rupture between us and our Barons, was
of our own free will: which Charter we shall observe, and
we will it to be observed with good faith, by our heirs
for ever.
4 We have also granted to all the Freemen
of our Kingdom, for us and our heirs for ever, all the
underwritten Liberties, to be enjoyed and held by them
and by their heirs, from us and from our heirs.
5 If any of our Earls or Barons, or
others who hold of us in chief by military service, shall
die, and at his death his heir shall be of full age, and
shall owe a relief, he shall have his inheritance by the
ancient relief; that is to say, the heir or heirs of an
Earl, a whole Earl's Barony for one hundred pounds: the
heir or heirs of a Baron for a whole Barony, by one
hundred pounds; the heir or heirs of a Knight, for a
whole Knight's Fee, by one hundred shillings at most: and
he who owes less, shall give less, according to the
ancient custom of fees.
6 But if the heir of any such be
under age, and in wardship, when he comes to age he shall
have his inheritance without relief and without fine.
7 The warden of the land of such heir
who shall be under age, shall not take from the lands of
the heir any but reasonable issues, and reasonable
customs, and reasonable services, and the without
destruction and waste of the men or goods, and if we
commit the custody of any such lands to a Sheriff, or any
other person who is bound to us for the issues of them
and he shall make destruction or waste upon the
ward-lands we will recover damages from him and the lands
shall be committed to two lawful and discreet men of that
fee, who shall answer for the issues to us, or to him to
whom we have assigned them. And if we shall give or sell
to any one the custody of any such lands, and he shall
make destruction or waste upon them, he shall lose the
custody; and it shall be committed to two lawful and
discreet men of that fee, who shall answer to us in like
manner as it is said before.
8 But the warden, as long as he hath
the custody of the lands, shall keep up and maintain the
houses, parks, warrens, ponds, mills, and other things
belonging to them, our of their issues; and shall restore
to the heir when he comes of full age, his whole estate,
provided with ploughs and other implements of husbandry,
according as the time of Wainage shall require, and the
issues of the lands can reasonably afford.
9 Heirs shall be married without
disparagement, so that before the marriage be contracted,
it shall be notified to the relations of the heir by
consanguinity.
10 A widow, after the death of her
husband, shall immediately, and without difficulty have
her marriage and her inheritance; nor shall she give any
thing for her dower, or for her marriage, or for her
inheritance, which her husband and she held at the day of
his death: and she may remain in her husband's house
forty days after his death, within which time her dower
shall be assigned.
11 No widow shall be compelled to
marry herself, while she is willing to live without a
husband; but yet she shall give security that she will
not marry herself without our consent, if she hold of us,
or without the consent of the lord of whom she does hold,
if she hold of another.
12 Neither we nor our Bailiffs, will
seize any land or rent for any debt, while the chattels
of the debtor are sufficient for the payment of the debt;
nor shall the sureties of the debtor be compelled, while
the principal debtor is able to pay the debt; and if the
principal debtor fail in payment of the debt, not having
wherewith to discharge it, the sureties shall answer for
the debt; and if they be willing, they shall have the
lands and rents of the debtor, until satisfaction be made
to them for the debt which they had before paid for him,
unless the principal debtor can shew himself acquitted
thereof against the said sureties.
13 If any
one hath borrowed any thing from the Jews, more or less,
and die before that debt be paid, the debt shall pay no
interest so long as the heir shall be under age, of
whomsoever he may hold; and if that debt shall fall into
our hands, we will not take any thing except the chattel
contained in the bond,
14 And if
any one shall die indebted to the Jews, his wife shall
have her dower and shall pay nothing of that debt; and if
children of the deceased shall remain who are under age,
necessaries shall be provided for them, according to the
tenement which belonged to the deceased: and out of the
residue the debt shall be paid, saving the rights of the
lords of whom the lands are held. In like manner let it
be with debts owing to others than Jews.
15 No
scutage nor aid shall be imposed in our kingdom, unless
by the common council of our kingdom; excepting to redeem
our person, to make our eldest son a knight, and once to
marry our eldest daughter, and not for these, unless a
reasonable aid shall be demanded.
16 In like
manner let it be concerning the aids of the City of
London. --And the City of London should have all it's
ancient liberties, and it's free customs, as well by land
as by water. --Furthermore, we will and grant that all
other Cities, and Burghs, and Towns, and Ports, should
have all their liberties and free customs.
17 And also
to have the common council of the kingdom, to assess and
aid, otherwise than in the three cases aforesaid: and for
the assessing of scutages, we will cause to be summoned
the Archbishops, Bishops, Abbots, Earls, and great
Barons, individually, by our letters. --And besides, we
will cause to be summoned in general by our Sheriffs and
Bailiffs, all those who hold of us in chief, at a certain
day, that is to say at the distance of forty days, before their meeting, at the least, and to a certain
place; and in all the letters of summons, we will express
the cause of the summons: and the summons being thus
made, the business shall proceed on the day appointed,
according to the counsel of those who shall be present,
although all who had been summoned have not come.
18 We will
not give leave to any one, for the future, to take an aid
of his own free-men, except for redeeming his own body,
and for making his eldest son a knight, and for marrying
once his eldest daughter; and not that unless it be a
reasonable aid.
19 No man shall be forced to perform
more service for a knight's ee', or other free holding of
land, than is due from it.
20 Ordinary lawsuits shall not follow
the royal court around, but shall be held in a fixed
place.
21 Trials upon the Writs of Novel
Disseisin, Of Mort d'Ancestre death of the ancestor,
and Darrien Presentment last presentation, shall not be
taken but in their proper counties, and in this manner:
--We, or our Chief Justiciary, if we are out of the
kingdom, will send two Justiciaries into each county,
four times in the year, who, with four knights of each
county, chosen by the county, shall hold the aforesaid
assizes, within the county on the day, and at the place
appointed.
19 And if the aforesaid assizes
cannot be taken on the day of the county-court, let as
many knights and freeholders, of those who were present
at the county-court remain behind, as shall be sufficient
to do justice, according to the great or less importance
of the business.
20 A free-man shall not be fined for
a small offence, but only according to the degree of the
offence; and for a great delinquency, according to the
magnitude of the delinquency, saving his contenement: a
Merchant shall be fined in the same manner, saving his
merchandise, and a villain shall be fined after the same
manner, saving to him his Wainage, if he shall fall into
our mercy; and none of the aforesaid fines shall be
assessed, but by the oath of honest men of the vicinage.
21 Earls and Barons shall not be
fined but by their Peers, and that only according to the
degree of their delinquency.
22 No Clerk shall be fined for his
lay-tenement, but according to the manner of the others
as aforesaid, and not according to the quantity of his
ecclesiastical benefice.
23 All
Counties, and Hundreds, Trethings, and Wapontakes, shall
be at the ancient rent, without any increase, excepting
in our Demesne-manors.
24 If any one holding of us a lay-fee
dies, and the Sheriff or our Bailiff, shall shew our
letters-patent of summons concerning the debt which the
defunct owed to us, it shall be lawful for the Sheriff or
our Bailiff to attach and register the chattels of the
defunct found on that lay-fee, to the amount of that
debt, by the view of lawful men, so that nothing shall be
removed from thence until our debt be paid to us; and the
rest shall be left to the executors to fulfil the will of
the defunct; and if nothing be owing to us by him, all
the chattels shall fall to the defunct, saving to his
wife and children their reasonable shares.
25 If any
free-man shall die intestate, his chattels shall be
distributed by the hands of his nearest relations and
friends, by the view of the Church, saving to every one
the debts which the defunct owed.
26 No Constable nor other Bailiff of
ours shall take the corn or other goods of any one,
without instantly paying money for them, unless he can
obtain respite from the free will of the seller.
27 No Constable Governor of a Castle shall compel any Knight to give money for
castle-guard, if he be willing to perform it in his own
person, or by another able man, if he cannot perform it
himself, for a reasonable cause: and if we have carried
or sent him into the army, he shall be excused from
castle-guard, according to the time that he shall be in
the army by our command.
28 No Sheriff nor Bailiff of ours,
nor any other person shall take the horses or carts of
any free-man, for the purpose of carriage, without the
consent of the said free-man.
29 Neither we, nor our Bailiffs, will
take another man's wood, for our castles or other uses,
unless by the consent of him to whom the wood belongs.
39 We will not retain the lands of
those who have been convicted of felony, excepting for
one year and one day, and then they shall be given up to
the lord of the fee.
31 All kydells wears for the future
shall be quite removed our of the Thames, and the Medway,
and through all England, excepting upon the sea-coast.
32 The writ which is called Praecipe,
for the future shall not be granted to any one of any
tenement, by which a free-man may lose his court.
33 There shall be one measure of wine
throughout all our kingdom, and one measure of ale, and
one measure of corn, namely the quarter of London; and
one breadth of dyed cloth, and of russets, and of halberjects, namely, two ells within the lists. Also it
shall be the same with weights as with measures.
34 Nothing shall be given or taken
for the future for the Writ of Inquisition of life or
limb; but it shall be given without charge, and not
denied.
35 If any hold of us by Fee-Farm or
Socage, or Burgage, and hold land of another by Military
Service, we will not have the custody of the heir, nor of
his lands, which are of the fee of another, on account of
that Fee-Farm, or Socage, or Burgage; nor will we have
the custody of the Fee-Farm, Socage or Burgage, unless
the Fee-Farm owe Military Service. We will not have the
custody of the heir, nor of the lands of any one, which
he holds of another by Military Service, on account of
any Petty-Sergeantry which he holds of us by the service
of giving us daggers, or arrows, or the like.
36 No Bailiff, for the future, shall
put any man to his law, upon his own simple affirmation,
without credible witnesses produced for the purpose.
39 No
freeman shall be seized, or imprisoned, or dispossessed,
or outlawed, or in any way destroyed; nor will we condemn
him, nor will we commit him to prison, excepting by the
legal judgement of his peers, or by the laws of the land.
47 All
Merchants shall have safety and security in coming into
England, and going out of England, and in staying and in
travelling through England, as well by lands as by water,
to buy and sell, without any unjust exactions, according
to ancient and right customs, excepting the time of war,
and if they be of a country at war against us: and if
such are found in our land at the beginning of a war,
they shall be apprehended without injury of their bodies
and goods, until it be known to us, or to our Chief Justiciary, how the Merchants of our country are treated
who are found in the country at war against us; and if
ours be in safety there, the others shall be in safety in
our land.
38 It shall
be lawful to any person, for the future, to go out of our
kingdom, and to return, safely and securely, by land or
by water, saving his allegiance to us, unless it be in
time of war, for some short space, for the common good of
the kingdom: excepting prisoners and outlaws, according
to the laws of the land, and of the people of the nation
at war against us, and Merchants who shall be treated as
it is said above.
39 If any hold of any escheat, as of
the Honor of Wallingford, Nottingham, Boulogne,
Lancaster, or of other escheats which are in our hand,
and are Baronies, and shall die, his heir shall not give
any other relief, nor do any other service to us, than he
should have done to the Baron, if that Barony had been in
the hands of the Baron; and we will hold it in the same
manner that the Baron held it.
40 Men who dwell without the Forest,
shall not come, for the future, before our Justiciaries
of the Forest on a common summons; unless they be parties
in a plea, or sureties for some person or persons who are
attached for the Forest. Magna Carta Text:44
41 We will
not make Justiciaries, Constables, Sheriffs, or Bailiffs,
excepting of such as know the laws of the land, and are
well disposed to observe them.
42 All Barons who have founded Abbies, which they hold by charters from the Kings of
England, or by ancient tenure, shall have the custody of
them when they become vacant, as they ought to have.
43 All evil
customs of Forests and Warrens, and of Foresters and Warreners, Sheriffs and their officers, Water-banks and
their keepers, shall immediately be inquired into by
twelve Knights of the same county, upon oath, who shall
be elected by good men of the same county; and within
forty days after the inquisition is made, they shall be
altogether destroyed by them never to be restored;
provided that this be notified to us before it be done,
or to our Justiciary, if we be not in England.
44 We will
immediately restore all hostages and charters, which have
been delivered to us by the English, in security of the
peace and of their faithful service.
45 We will
remove from their bailiwicks the relations of Gerard de Athyes, so that, for the future they shall have no
bailiwick in England; Engelard de Cygony, Andrew, Peter,
and Gyone de Chancell, Gyone de Cygony, Geoffrey de
Martin, and his brothers, Philip Mark, and his brothers,
and Geoffrey his nephew, and all their followers.
46 And
immediately after the conclusion of the peace, we will
remove out of the kingdom all foreign knights,
cross-bow-men, and stipendiary soldiers, who have come
with horses and arms to the molestation of the kingdom.
47 If any
have been disseised or dispossessed by us, without a
legal verdict of their peers, of their lands, castles,
liberties, or rights, we will immediately restore these
things to them; and if any dispute shall arise on this
head, then it shall be determined by the verdict of the
twenty-five Barons, of whom mention is made below, for
the security of the peace. --Concerning all those things
of which any one hath been disseised or dispossessed,
without the legal verdict of his peers by King Henry our
father, or King Richard our brother, which we have in our
hand, or others hold with our warrants, we shall have
respite, until the common term of the Crusaders,
excepting those concerning which a plea had been moved,
or an inquisition taken, by our precept, before our
taking the Cross; but as soon as we shall return from our
expedition, or if, by chance, we should not go upon our
expedition, we will immediately do complete justice
therein.
48 The same
respite will we have, and the same justice shall be done,
concerning the disafforestation of the forests, or the
forests which remain to be disafforested, which Henry our
father, or Richard our brother, have afforested; and the
same concerning the wardship of lands which are in
another's fee, but the wardship of which we have hitherto
had, occasioned by any of our fees held by Military
Service; and for Abbies founded in any other fee than our
own, in which the Lord of the fee hath claimed a right;
and when we shall have returned, or if we shall stay from
our expedition, we shall immediately do complete justice
in all these pleas.
49 No man shall be apprehended or
imprisoned on the appeal of a woman, for the death of any
other man than her husband.
50 All fines
that have been made by us unjustly, or contrary to the
laws of the land; and all fines that have been imposed
unjustly, or contrary to the laws of the land, shall be
wholly remitted, or ordered by the verdict of the
twenty-five Barons, of whom mention is made below, for
the security of the peace, or by the verdict of the
greater part of them, together with the aforesaid
Stephen, Archbishop of Canterbury, if he can be present,
and others whom he may think fit to bring with him: and
if he cannot be present, the business shall proceed,
notwithstanding, without him; but so, that if any one or
more of the aforesaid twenty-five Barons have a similar
plea, let them be removed from that particular trial, and
others elected and sworn by the residue of the same
twenty-five, be substituted in their room, only for that
trial.
51 If we have disseised or
dispossessed any Welshmen of their lands, or liberties,
or other things, without a legal verdict of their peers,
in England or in Wales, they shall be immediately
restored to them; and if any dispute shall arise upon
this head then let it be determined in the Marches by the
verdict of their peers: for a tenement of England,
according to the law of England; for a tenement of Wales,
according to the law of Wales; for tenement of the
Marches, according to the law of the Marches. The Welsh
shall do the same to us and to our subjects.
52 Also
concerning those things of which any Welshman hath been
disseised or dispossessed without the legal verdict of
his peers, by King Henry our father, or King Richard our
brother, which we have in our hand, or others hold with
our warrant, we shall have respite, until the common term
of the Crusaders, excepting for those concerning which a
plea had been moved, or an inquisition made, by our
precept, before our taking the cross. But as soon as we
shall return from our expedition, or if, by chance, we
should not go upon our expedition, we shall immediately
do complete justice therein, according to the laws of
Wales, and the parts aforesaid.
53 We will
immediately deliver up the son of Llewelin, and all the
hostages of Wales, and release them from their
engagements which were made with us, for the security of
the peace.
54 We shall
do to Alexander King of Scotland, concerning the
restoration of his sisters and hostages, and his
liberties and rights, according to the form in which we
act to our other Barons of England, unless it ought to be
otherwise by the charters which we have from his father
William, the late King of Scotland; and this shall be by
the verdict of his peers in our court.
55 But since
we have granted all these things aforesaid, for GOD, and
for the amendment of our kingdom, and for the better
extinguishing the discord which has arisen between us and
our Barons, we being desirous that these things should
possess entire and unshaken stability for ever, give and
grant to them the security underwritten; namely, that the
Barons may elect twenty-five Barons of the kingdom, whom
they please, who shall with their whole power, observe,
keep, and cause to be observed, the peace and liberties
which we have granted to them, and have confirmed by this
our present charter, in this manner: that is to say, if
we, or our Justiciary, or our bailiffs, or any of our
officers, shall have injured any one in any thing, or
shall have violated any article of the peace or security,
and the injury shall have been shown to four of the
aforesaid twenty-five Barons, the said four Barons shall
come to us, or to our Justiciary if we be out of the
kingdom, and making known to us the excess committed,
petition that we cause that excess to be redressed
without delay. And if we shall not have redressed the
excess, or, if we have been out of the kingdom, our
Justiciary shall not have redressed it within the term of
forty days, computing from the time when it shall have
been made known to us, or to our Justiciary if we have
been out of the kingdom, the aforesaid four Barons, shall
lay that cause before the residue of the twenty-five
Barons; and they, the twenty-five Barons, with the
community of the whole land, shall distress and harass us
by all the ways in which they are able; that is to say,
by the taking of our castles, lands, and possessions, and
by any other means in their power, until the excess shall
have been redressed, according to their verdict; saving
harmless our person, and the persons of our Queen and
children; and when it hath been redressed, they shall
behave to us as they have done before.
56 And whoever of our land pleaseth, may
swear, that he will obey the commands of the aforesaid
twenty-five Barons, in accomplishing all the things
aforesaid, and that with them he will harass us to the
utmost of his power: and we publicly and freely give
leave to every one to swear who is willing to swear; and
we will never forbid any to swear. But all those of our
land, who, of themselves, and of their own accord, are
unwilling to swear to the twenty-five Barons, to distress
and harass us together with them, we will compel them by
our command, to swear as aforesaid.
57 And if any one of the twenty-five
Barons shall die, or remove out of the land, or in any
other way shall be prevented from executing the things
above said, they who remain of the twenty-five Barons
shall elect another in his place, according to their own
pleasure, who shall be sworn in the same manner as the
rest.
58 In all those things which are appointed
to be done by these twenty-five Barons, if it happen that
all the twenty-five have been present, and have differed
in their opinions about any thing, or if some of them who
had been summoned, would not, or could not be present,
that which the greater part of those who were present
shall have provided and decreed, shall be held as firm
and as valid, as if all the twenty-five had agreed in it:
and the aforesaid twenty-five shall swear, that they will
faithfully observe, and, with all their power, cause to
be observed, all the things mentioned above.
59 And we will obtain nothing from any
one, by ourselves, nor by another, by which any of these
concessions and liberties may be revoked or diminished.
And if any such thing shall have been obtained, let it be
void and null: and we will never use it, neither by
ourselves nor by another.
60 And we
have fully remitted and pardoned to all men, all the
ill-will, rancor, and resentments, which have arisen
between us and our subjects, both clergy and laity, from
the commencement of the discord. Moreover, we have fully
remitted to all the clergy and laity, and as far as
belongs to us, have fully pardoned all transgressions
committed by occasion of the said discord, from Easter,
in the sixteenth year of our reign [i.e., 1215], until
the conclusion of the peace.
61 And, moreover, we have caused to be
made to them testimonial letters-patent of the Lord
Stephen, Archbishop of Canterbury, the Lord Henry,
Archbishop of Dublin, and of the aforesaid Bishops, and
of Master Pandulph concerning this security, and the
aforesaid concessions.
62 Wherefore,
our will is and we firmly command that the Church of
England be free, and that the men in our kingdom have and
hold the aforesaid liberties, rights, and concessions,
well and in peace, freely and quietly, fully and
entirely, to them and their heirs, of us and our heirs,
in all things and places, for ever as is aforesaid.
63 It is also sworn, both on our part, and
on that of the Barons, that all the aforesaid shall be
observed in good faith, and without any evil intention.
Witnessed by the above, and many others.
64 Given by our hand in the Meadow which
is called Runningmead, between Windsor and Staines, this
15th day of June, in the 17th year of our reign.
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