MAGNA CARTA

OR

THE GREAT CHARTER OF KING JOHN

GRANTED JUNE 15TH, A. D. 1215,

IN THE SEVENTEENTH YEAR OF HIS REIGN.



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.

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

Worchester, 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:

(1) 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.

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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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,

(11) 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.

(12) 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.

(13) 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.

(14) 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.

(15) 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.

(16) None shall be compelled to do more service for a

Knight's-Fee, nor for any other free tenement, than what is due from

thence.

(17) Common Pleas shall not follow our court, but shall be held in

any certain place.

(18) 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) Neither a town nor any person shall be compelled to build

bridges or embankments, excepting those which anciently, and of right,

are bound to do it.

(24) No Sheriff, Constable, Coroners, nor other of our Bailiffs,

shall hold pleas of our crown.

(25) All Counties, and Hundreds, Trethings, and Wapontakes, shall be

at the ancient rent, without any increase, excepting in our

Demesne-manors.

(26) 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.

(27) 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.

(28) 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.

(29) 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.

(30) 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.

(31) 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.

(32) 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.

(33) 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.

(34) 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.

(35) 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.

(36) 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.

(37) 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.

(38) 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.

(40) To none will we sell, to none will we deny, to none will we

delay right or justice.

(41) 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.

(42) 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.

(43) 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.

(44) 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.

(45) 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.

(46) 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.

(47) All Forests which have been made in our time, shall be

immediately disafforested; and it shall be so done with Water-banks,

which have been taken or fenced in by us during our reign.

(48) 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.

(49) 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.

(50) 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.

(51) And immediately after the conclusion of the peace, we will

remove out of the kingdom all foreign knights, crossbow-men, and

stipendiary soldiers, who have come with horses and arms to the

molestation of the kingdom.

(52) 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.

(53) 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.

(54) No man shall be apprehended or imprisoned on the appeal of a

woman, for the death of any other man than her husband.

(55) 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.

(56) 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.

(57) 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.

(58) 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.

(59) 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.

(60) Also all these customs and liberties aforesaid, which we have

granted to be held in our kingdom, for so much of it as belongs to us,

all our subjects, as well clergy as laity, shall observe towards their

tenants as far as concerns them.

(61) 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.

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.

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.

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.

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.

(62) 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.

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.

(63) 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.

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.

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 [i.e., 1215: the new year began on May 28th].

.