<SPAN name="startofbook"></SPAN>
<h1>The Magna Carta</h1>
<h2><SPAN name="chap01"></SPAN>The Text of Magna Carta</h2>
<p>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.</p>
<p>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:</p>
<p>(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.</p>
<p>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:</p>
<p>(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 100s. 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’</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(12) No ‘scutage’ or ‘aid’ may be levied in our kingdom
without its general consent, unless it is for the ransom of our person, to make
our eldest son a knight, and (once) to marry our eldest daughter. For these
purposes only a reasonable ‘aid’ may be levied. ‘Aids’
from the city of London are to be treated similarly.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(17) Ordinary lawsuits shall not follow the royal court around, but shall be
held in a fixed place.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(21) Earls and barons shall be fined only by their equals, and in proportion to
the gravity of their offence.</p>
<p>(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.</p>
<p>(23) No town or person shall be forced to build bridges over rivers except
those with an ancient obligation to do so.</p>
<p>(24) No sheriff, constable, coroners, or other royal officials are to hold
lawsuits that should be held by the royal justices.</p>
<p>(25) Every county, hundred, wapentake, and tithing shall remain at its ancient
rent, without increase, except the royal demesne manors.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(29) No constable may compel a knight to pay money for castle-guard if the
knight is willing to undertake the guard in person, or with reasonable excuse
to supply some other fit man to do it. A knight taken or sent on military
service shall be excused from castle-guard for the period of this service.</p>
<p>(30) No sheriff, royal official, or other person shall take horses or carts for
transport from any free man, without his consent.</p>
<p>(31) Neither we nor any royal official will take wood for our castle, or for
any other purpose, without the consent of the owner.</p>
<p>(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.</p>
<p>(33) All fish-weirs shall be removed from the Thames, the Medway, and
throughout the whole of England, except on the sea coast.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(40) To no one will we sell, to no one deny or delay right or justice.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(49) We will at once return all hostages and charters delivered up to us by
Englishmen as security for peace or for loyal service. ***here were some
strange characters, not completely removed</p>
<p>(50) We will remove completely from their offices the kinsmen of Gerard de Ath,
Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in future they shall
hold no offices in England. The people in question are Engelard de Cigogn,
Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with
Geoffrey his nephew, and all their followers.</p>
<p>* 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.</p>
<p>* 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. 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.</p>
<p>* 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
aforested by our father Henry or our brother Richard; with the guardianship of
lands in another persons fee, when we have hitherto had this by virtue of a fee
held of us for knights service by a third party; and with abbeys founded in
another persons 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.</p>
<p>* No one shall be arrested or imprisoned on the appeal of a woman for the death
of any person except her husband.</p>
<p>* All fines that have been given to us unjustly and against the law of the
land, and all fines that we have exacted unjustly, shall be entirely remitted
or the matter decided by a majority judgement of the twenty-five barons
referred to below in the clause for securing the peace 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.</p>
<p>* 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.</p>
<p>* 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.</p>
<p>* We will at once return the son of Llywelyn, all Welsh hostages, and the
charters delivered to us as security for the peace.</p>
<p>* 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.</p>
<p>* 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.</p>
<p>***Strange characters may have ended here.</p>
<p>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:</p>
<p>* 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.</p>
<p>* If we, our chief justice, our officials, or any of our servants offend in any
respect against any man, or transgress any of the articles of the peace or of
this security, and the offence is made known to four of the said twenty-five
barons, they shall come to us - or in our absence from the kingdom to the chief
justice - to declare it and claim immediate redress. If we, or in our absence
abroad the chief justice, make no redress within forty days, reckoning from the
day on which the offence was declared to us or to him, the four barons shall
refer the matter to the rest of the twenty-five barons, who may distrain upon
and assail us in every way possible, with the support of the whole community of
the land, by seizing our castles, lands, possessions, or anything else saving
only our own person and those of the queen and our children, until they have
secured such redress as they have determined upon. Having secured the redress,
they may then resume their normal obedience to us.</p>
<p>* 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.</p>
<p>* 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.</p>
<p>* 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.</p>
<p>* 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.</p>
<p>* 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.</p>
<p>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 1215 AD and the restoration of
peace.</p>
<p>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.</p>
<p>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.</p>
<p>Both we and the barons have sworn that all this shall be observed in good faith
and without deceit. Witness the above mentioned people and many others.</p>
<p>Given by our hand in the meadow that is called Runnymede, between Windsor and
Staines, on the fifteenth day of June in the seventeenth year of our reign.</p>
<p>***</p>
<p>[There were many missing spaces in this one, not sure I got them all]</p>
</div>
<!--end chapter-->
<div class="chapter">
<h2><SPAN name="chap02"></SPAN>Magna Carta 1215</h2>
<p>John, by the grace of God, king of England, lord of Ireland, duke of Normandy
and Aquitaine, and count of Anjou, to the archbishops, bishops, abbots, earls,
barons, justiciars, foresters, sheriffs, stewards, servants, and to all his
bailiffs and liege subjects, greeting. Know that, having regard to God and for
the salvation of our soul, and those of all our ancestors and heirs, and unto
the honor of God and the advancement of holy church, and for the reform 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, Jocelyn of Bath and
Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry,
Benedict of Rochester, bishops; of master Pandulf, subdeacon and member of the
household of our lord the Pope, of brother Aymeric (master of the Knights of
the Temple in England), and of the illustrious men William Marshall earl of
Pembroke, William earl of Salisbury, William earl of Warenne, William earl of
Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerald, Peter
Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh de Neville, Matthew
Fitz Herbert, Thomas Basset, Alan Basset, Philip d’Aubigny, Robert of
Roppesley, John Marshall, John Fitz Hugh, and others, our liegemen.</p>
<p>1. In the first place we have granted to God, and by this our present charter
confirmed for us and our heirs for ever that the English church shall be free,
and shall have her rights entire, and her liberties inviolate; and we will that
it be thus observed; which is apparent from this that the freedom of elections,
which is reckoned most important and very essential to the English church, we,
of our pure and unconstrained will, did grant, and did by our charter confirm
and did obtain the ratification of the same from our lord, Pope Innocent III.,
before the quarrel arose between us and our barons: and this we will observe,
and our will is that it be observed in good faith by our heirs for ever. We
have also granted to all freemen of our kingdom, for us and our heirs for ever,
all the underwritten liberties, to be had and held by them and their heirs, of
us and our heirs for ever.</p>
<p>2. If any of our earls or barons, or others holding of us in chief by military
service shall have died, and at the time of his death his heir shall be of full
age and owe “relief” he shall have his inheritance on payment of
the ancient relief, namely the heir or heirs of an earl, 100 pounds for a whole
earl’s barony; the heir or heirs of a baron, 100 pounds for a whole
barony; the heir or heirs of a knight, 100 shillings at most for a whole
knight’s fee; and whoever owes less let him give less, according to the
ancient custom officers.</p>
<p>3. If, however, the heir of any of the aforesaid has been under age and in
wardship, let him have his inheritance without relief and without fine when he
comes of age.</p>
<p>4. The guardian of the land of an heir who is thus under age, shall take from
the land of the heir nothing but reasonably produce, reasonable customs, and
reasonable services, and that without destruction or waste of men or goods; and
if we have committed the wardship of the lands of any such minor to the
sheriff, or to any other who is responsible to us for its issues, and he has
made destruction or waste of what he holds in wardship, we will take of him
amends, and the land shall be committed to two lawful and discreet men of that
fee, who shall be responsible for the issues to us or to him to whom we shall
assign them; and if we have given or sold the wardship of any such land to
anyone and he has there in made destruction or waste, he shall lose that
wardship, and it shall be transferred to two lawful and discreet men of that
fief, who shall be responsible to us in like manner as aforesaid.</p>
<p>5. The guardian, moreover, so long as he has the wardship of the land, shall
keep up the houses, parks, fishponds, stanks, mills, and other things
pertaining to the land, out of the issues of the same land; and he shall
restore to the heir, when he has come to full age, all his land, stocked with
ploughs and “waynage,” according as the season of husbandry shall
require, and the issues of the land can reasonably bear.</p>
<p>6. Heirs shall be married without disparagement, yet so that before the
marriage takes place the nearest in blood to that heir shall have notice.</p>
<p>7. A widow, after the death of her husband, shall forthwith and without
difficulty have her marriage portion and inheritance; nor shall she give
anything for her dower, or for her marriage portion, or for the inheritance
which her husband and she held on the day of the death of that husband; and she
may remain in the house of her husband for fourty days after his death, within
which time her dower shall be assigned to her.</p>
<p>8. No widow shall be compelled to marry, so long as she prefers to live without
a husband; provided always that she gives security not to marry without our
consent, if she holds of us, or without the consent of the lord of whom she
holds, if she holds of another.</p>
<p>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 repay the debt; nor shall
the sureties of the debtor be distrained so long as the principal debtor is
able to satisfy the debt; and if the principal debtor shall fail to pay the
debt, having nothing wherewith to pay it, then the sureties shall answer for
the debt; and let them have the lands and rents of the debtor, if they desire
them, until they are indemnified for the debt which they have paid for him,
unless the principal debtor can show proof that he is discharged thereof as
against the said sureties.</p>
<p>10. If one who has borrowed from the Jews any sum, great or small, die before
that loan can be repaid, the debt shall not bear interest while the heir is
under age, of whomsoever he may hold; and if the debt fall into our hands, we
will not take anything except the principal sum contained in the bond.</p>
<p>11. And if any one die indebted to the Jews, his wife shall have her dower and
pay nothing of that debt; and if any children of the deceased are left
underage, necessaries shall be provided for them in keeping with the holding of
the deceased; and out of the residue the debt shall be paid, reserving,
however, service due to feudal lords; in like manner let it be done touching
debts due to others than Jews.</p>
<p>12. No scutage nor aid shall be imposed on our kingdom, unless by common
counsel of our kingdom, except for ransoming our person, for making our eldest
son a knight, and for once marrying our eldest daughter; and for these there
shall not be levied more than a reasonable aid. In like manner it shall be done
concerning aids from the city of London.</p>
<p>13. And the city of London shall have all its ancient liberties and free
customs, as well by land as by water; furthermore, we decree and grant that all
other cities, boroughs, towns, and ports shall have all their liberties and
free customs.</p>
<p>14. And for obtaining the common counsel of the kingdom anent the assessing of
an aid (except in the three cases aforesaid) or of a scutage, we will cause to
be summoned the archbishops, bishops, abbots, earls, and greater barons,
severally by our letters; and we will moreover cause to be summoned generally,
through our sheriffs and bailiffs, all others who hold of us in chief, for a
fixed date, namely, after the expiry of at least forty days, and at a fixed
place; and in all letters of such summons we will specify the reason of the
summons. And when the summons has thus been made, the business shall proceed on
the day appointed, according to the counsel of such as are present, although
not all who were summoned have come.</p>
<p>15. We will not for the future grant to any one license to take an aid from his
own free tenants, except to ransom his body, to make his eldest son a knight,
and once to marry his eldest daughter; and on each of these occasions there
shall be levied only a reasonable aid.</p>
<p>16. No one shall be distrained for performance of greater service for a
knight’s fee, or for any other free tenement, than is due therefrom.</p>
<p>17. Common pleas shall not follow our court, but shall be held in some fixed
place.</p>
<p>18. Inquests of novel disseisin, of mort d’ancester, and of darrein
presentment, shall not be held elsewhere than in their own county courts and
that in manner following,—We, or, if we should be out of the realm, our
chief justiciar, will send two justiciars through every county four times a
year, who shall, along with four knights of the county chosen by the county,
hold the said assize in the county court, on the day and in the place of
meeting of that court.</p>
<p>19. And if any of the said assizes cannot be taken on the day of the county
court, let there remain of the knights and freeholders, who were present at the
county court on that day, as many as may be required for the efficient making
of judgments, according as the business be more or less.</p>
<p>20. A freeman shall not be amerced for a slight offense, except in accordance
with the degree of the offense; and for a grave offense he shall be amerced in
accordance with the gravity of the offense, yet saving always his
“contentment;” and a merchant in the same way, saving his
“merchandise;” and a villein shall be amerced in the same way,
saving his “wainage”—if they have fallen into our mercy: and
none of the aforesaid amercements shall be impsed except by the oath of honest
men of the neighborhood.</p>
<p>21. Earls and barons shall not be amerced except through their peers, and only
in accordance with the degree of the offense.</p>
<p>22. A clerk shall not be amerced in respect of his lay holding except after the
manner of the others aforesaid; further, he shall not be amerced in accordance
with the extent of his ecclesiastical benefice.</p>
<p>23. No village or individual shall be compelled to make bridges at river-banks,
except those who from of old were legally bound to do so.</p>
<p>24. No sheriff, constable, coroners, or others of our bailiffs, shall hold
pleas of our Crown.</p>
<p>25. All counties, hundreds, wapentakes, and trithings (except our demesne
manors) shall remain at old rents, and without any additional payment.***here
may be an error</p>
<p>26. If any one holding of us a lay fief shall die, and our sheriff or bailiff
shall exhibit our letters patent of summons for a debt which the deceased owed
to us, it shall be lawful for our sheriff or bailiff to attach and catalogue
chattels of the deceased, found upon the lay fief, to the value of that debt,
at the sight of law-worthy men, provided always that nothing whatever be then
be removed until the debt which is evident shall be fully paid to us; and the
residue shall be left to the executors to fulfil the will of the deceased; and
if there be nothing due from him to us, all the chattels shall go to the
deceased, saving to his wife and children their reasonable shares.</p>
<p>27. If any freeman shall die intestate, his chattels shall be distributed by
the hands of his nearest kinsfolk and friends, under supervision of the church,
saving to every one the debts which the deceased owed to him.</p>
<p>28. No constable or other bailiff of ours shall take corn or other provisions
from any one without immediately tendering money therefor, unless he can have
postponement thereof by permission of the seller.</p>
<p>29. No constable shall compel any knight to give money in lieu of castle-guard,
when he is willing to perform it in his own person, or (if he cannot do it from
any reasonable cause) then by another responsible man. Further, if we have led
or sent him upon military service, he shall be relieved from guard in
proportion to the time during which he has been on service because of us.</p>
<p>30. No sheriff or bailiff of ours, or other person, shall take the horses or
carts of any freeman for transport duty, against the will of the said freeman.</p>
<p>31. Neither we nor our bailiffs shall take, for our castles or for any other
work of ours, wood which is not ours, against the will of the owner of that
wood.</p>
<p>32. We will not retain beyond one year and one day, the lands of those who have
been convicted of felony, and the lands shall thereafter be handed over to the
lords of the fiefs.</p>
<p>33. All kiddles for the future shall be removed altogether from Thames and
Medway, and throughout all England, except upon the seashore.</p>
<p>34. The writ which is called praecipe shall not for the future be issued to any
one, regarding any tenement whereby a freeman may lose his court.</p>
<p>35. Let there be one measure of wine throughout our whole realm; and one
measure of ale; and one measure of corn, to wit, “the London
quarter;” and one width of cloth (whether dyed, or russet, or
“halberget”), to wit, two ells within the selvages; of weights also
let it be as of measures.</p>
<p>36. Nothing in future shall be given or taken for a writ of inquisition of life
or limbs, but freely it shall be granted, and never denied.</p>
<p>37. If any one holds of us by fee-farm, by socage, or by burgage, and holds
also land of another lord by knight’s service, we will not (by reason of
that fee-farm, socage, or burgage) have the wardship of the heir, or of such
land of his as is of the fief of that other; nor shall we have wardship of that
fee-farm, socage, or burgage, unless such fee-farm owes knight’s service.
We will not by reason of any small serjeanty which any one may hold of us by
the service of rendering to us knives, arrows, or the like, have wardship of
his heir of the land which he holds of another lord by knight’s service.</p>
<p>38. No bailiff for the future shall, upon his own unsupported complaint, put
any one to his “law,” without credible witnesses brought for this
purpose.</p>
<p>39. No freeman shall be taken or imprisoned or disseised or exiled or in anyway
destroyed, nor will we go upon him nor send upon him, except by the lawful
judgment of his peers or by the law of the land.</p>
<p>40. To no one will we sell, to no one will we refuse or delay, right or
justice.</p>
<p>41. All merchants shall have safe and secure exit from England, and entry to
England, with the right to tarry there and to move about as well by land as by
water, for buying and selling by the ancient and right customs, quit from all
evil tolls, except (in time of war) such merchants as are of the land at war
with us. And if such are found in our land at the beginning of the war, they
shall be detained, without injury to their bodies or goods, until information
be received by us, or by our chief justiciar, how the merchants of our land
found in the land at war with us are treated; and if our men are safe there,
the others shall be safe in our land.</p>
<p>42. It shall be lawful in future for any one (excepting always those imprisoned
or outlawed in accordance with the law of the kingdom, and natives of any
country at war with us, and merchants, who shall be treated as is above
provided) to leave our kingdom and to return, safe and secure by land and
water, except for a short period in time of war, on grounds of public
policy—reserving always the allegiance due to us.</p>
<p>43. If any one holding of some escheat (such as the honor of Wallingford,
Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands
and are baronies) shall die, his heir shall give no other relief, and perform
no other service to us than he would have done to the baron, if that barony had
been in the baron’s hand; and we shall hold it in the same manner in
which the baron held it.</p>
<p>44. Men who dwell without the forest need not henceforth come before our
justiciars of the forest upon a general summons, except those who are
impleaded, or who have become sureties for any person or persons attached for
forest offenses.</p>
<p>45. We will appoint as justices, constables, sheriffs, or bailiffs only such as
know the law of the realm and mean to observe it well.</p>
<p>46. All barons who have founded abbeys, concerning which they hold charters
from the kings of England, or of which they have long-continued possession,
shall have the wardship of them, when vacant, as they ought to have.</p>
<p>47. All forests that have been made such in our time shall forthwith be
disafforested; and a similar course shall be followed with regard to
river-banks that have been placed “in defense” by us in our time.</p>
<p>48. All evil customs connected with forests and warrens, foresters and
warreners, sheriffs and their officers, river-banks and their wardens, shall
immediately be inquired into in each county by twelve sworn knights of the same
county chosen by the honest men of the same county, and shall, within forty
days of the said inquest, be utterly abolished, so as never to be restored,
provided always that we previously have intimation thereof, or our justiciar,
if we should not be in England.</p>
<p>49. We will immediately restore all hostages and charters delivered to us by
Englishmen, as sureties of the peace or of faithful service.</p>
<p>50. We will entirely remove from their bailiwicks, the relations of Gerard
Athee (so that in future they shall have no bailiwick in England); namely,
Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne,
Geofrrey of Martigny with his brothers, Philip Mark with his brothers and his
nephew Geoffrey, and the whole brood of the same.</p>
<p>51. As soon as peace is restored, we will banish from the kingdom all
foreign-born knights, cross-bowmen, serjeants, and mercenary soldiers, who have
come with horses and arms to the kingdom’s hurt.</p>
<p>52. If any one has been dispossessed or removed by us, without the legal
judgment of his peers, from his lands, castles, franchises, or from his right,
we will immediately restore them to him; and if a dispute arise over this, then
let it be decided by the five-and-twenty barons of whom mention is made below
in the clause for securing the peace. Moreover, for all those possessions, from
which any one has, without the lawful judgment of his peers, be endisseised or
removed, by our father, King Henry, or by our brother, King Richard, and which
we retain in our hand (or which are possessed by others, to whom we are bound
to warrant them) we shall have respite until the usual term of crusaders;
excepting those things about which a plea has been raised, or an inquest made
by our order, before our taking of the cross; but as soon as were turn from our
expedition (or if perchance we desist from the expedition) we will immediately
grant full justice therein.</p>
<p>53. We shall have, moreover, the same respite and in the same manner in
rendering justice concerning the disafforestation or retention of those forests
which Henry our father and Richard our brother afforested, and concerning
wardship of lands which are of the fief of another (namely, such wardships as
we have hitherto had by reason of a fief which any one held of us by
knight’s service), and concerning abbeys founded on other fiefs than our
own, in which the lord of the fief claims to have right; and when we have
returned, or if we desist from our expedition, we will immediately grant full
justice to all who complain of such things.</p>
<p>54. No one shall be arrested or imprisoned upon the appeal of a woman, for the
death of any other than her husband.</p>
<p>55. All fines made with us unjustly and against the law of the land, and all
amercements imposed unjustly and against the law of the land, shall be entirely
remitted, or else it shall be done concerning them according to the decision of
the five-and-twenty barons of whom mention is made below in the clause for
securing the peace, or according to the judgment of the majority of the same,
along with the aforesaid Stephen, archbishop of Canterbury, if he can be
present, and such others as he may wish to bring with him for this purpose, and
if he cannot be present the business shall nevertheless proceed without him,
provided always that if any one or more of the aforesaid five-and-twenty barons
are in a similar suit, they shall be removed as far as concerns this particular
judgment, others being substituted in their places after having been selected
by the rest of the same five-and-twenty for this purpose only, and after having
been sworn.</p>
<p>56. If we have disseised or removed Welshmen from lands or liberties, or other
things, without the legal judgment of their peers in England or in Wales, they
shall be immediately restored to them; and if a dispute arise over this, then
let it be decided in the marches by the judgment of their peers; for tenements
in England according to the law of England, for tenements in Wales according to
the law of Wales, and for tenements in the marches according to the law of the
marches. Welshmen shall do the same to us and ours.</p>
<p>57. Further, for all those possessions from which any Welshman has, without the
lawful judgment of his peers, been disseised or removed by King Henry our
father or King Richard our brother, and which we retain in our hand (or which
are possessed by others, to whom we are bound to warrant them) we shall have
respite until the usual term of crusaders; excepting those things about which a
plea has been raised or an inquest made by our order before we took the cross;
but as soon as we return (or if perchance we desist from our expedition), we
will immediately grant full justice in accordance with the laws of the Welsh
and in relation to the foresaid regions.</p>
<p>58. We will immediately give up the son of Llywelyn and all the hostages of
Wales, and the charters delivered to us as security for the peace.</p>
<p>59. We will do toward Alexander, King of Scots, concerning the return of his
sisters and his hostages, and concerning his franchises, and his right, in the
same manner as we shall do toward our other barons of England, unless it ought
to be otherwise according to the charters which we hold from William his
father, formerly King of Scots; and this shall be according to the judgment of
his peers in our court.</p>
<p>60. Moreover, all these aforesaid customs and liberties, the observance of
which we have granted in our kingdom as far as pertains to us toward our men,
shall be observed by all of our kingdom, as well clergy as laymen, as far as
pertains to them toward their men.</p>
<p>61. Since, moreover, for God and the amendment of our kingdom and for the
better allaying of the quarrel that has arisen between us and our barons, we
have granted all these concessions, desirous that they should enjoy them in
complete and firm endurance for ever, we give and grant to them the
underwritten security, namely, that the barons choose five-and-twenty barons of
the kingdom, whomsoever they will, who shall be bound with all their might, to
observe and hold, and cause to be observed, the peace and liberties we have
granted and confirmed to them by this our present Charter, so that if we, or
our justiciar, or our bailiffs or any one of our officers, shall in anything be
at fault toward any one, or shall have broken any one of the articles of the
peace or of this security, and the offense be notified to four barons of the
foresaid five-and-twenty, the said four barons shall repair to us (or our
justiciar, if we are out of the realm) and, laying the transgression before us,
petition to have that transgression redressed without delay. And if we shall
not have corrected the transgression (or, in the event of our being out of the
realm, if our justiciar shall not have corrected it) within forty days,
reckoning from the time it has been intimated to us (or to our justiciar, if we
should be out of the realm), the four barons aforesaid shall refer that matter
to the rest of the five-and-twenty barons, and those five-and-twenty barons
shall, together with the community of the whole land, distrain and distress us
in all possible ways, namely, by seizing our castles, lands, possessions, and
in any other way they can, until redress has been obtained as they deem fit,
saving harmless our own person, and the persons of our queen and children; and
when redress has been obtained, they shall resume their old relations toward
us. And let whoever in the country desires it, swear to obey the orders of the
said five-and-twenty barons for the execution of all the aforesaid matters, and
along with them, to molest us to the utmost of his power; and we publicly and
freely grant leave to every one who wishes to swear, and we shall never forbid
any one to swear. All those, moreover, in the land who of themselves and of
their own accord are unwilling to swear to the twenty-five to help them in
constraining and molesting us, we shall by our command compel the same to swear
to the effect aforesaid. And if any one of the five-and-twenty barons shall
have died or departed from the land, or be incapacitated in any other manner
which would prevent the foresaid provisions being carried out, those of the
said twenty-five barons who are left shall choose another in his place
according to their own judgment, and he shall be sworn in the same way as the
others. Further, in all matters, the execution of which is intrusted to these
twenty-five barons, if perchance these twenty-five are present, that which the
majority of those present ordain or command shall be held as fixed and
established, exactly as if the whole twenty-five had concurred in this; and the
said twenty-five shall swear that they will faithfully observe all that is
aforesaid, and cause it to be observed with all their might. And we shall
procure nothing from any one, directly or indirectly, whereby any part of these
concessions and liberties might be revoked or diminished; and if any such thing
has been procured, let it be void and null, and we shall never use it
personally or by another.</p>
<p>62. And all the ill-will, hatreds, and bitterness that have arisen between us
and our men, clergy and lay, from the date of the quarrel, we have completely
remitted and pardoned every one. Moreover, all trespasses occasioned by the
said quarrel, from Easter in the sixteenth year of our reign till the
restoration of peace, we have fully remitted to all, both clergy and laymen,
and completely forgiven, as far as pertains to us. And, on this head, we have
caused to be made for them letters testimonial patent of the lord Stephen,
archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the
bishops aforesaid, and of Master Pandulf as touching this security and the
concessions aforesaid.</p>
<p>63. Wherefore it is our will, and we firmly enjoin, that the English Church be
free, and that the men in our kingdom have and hold all the aforesaid
liberties, rights, and concessions, well and peaceably, freely and quietly,
fully and wholly, for themselves and their heirs, of us and our heirs, in all
respects and in all places for ever, as is aforesaid. An oath, moreover, has
been taken, as well on our part as on the part of the barons, that all these
conditions aforesaid shall be kept in good faith and without evil intent. Given
under our hand—the above-named and many others being witnesses—in
the meadow which is called Runnymede, between Windsor and Staines, on the
fifteenth day of June, in the seventeenth year of our reign.</p>
</div>
<!--end chapter-->
<div class="chapter">
<h2><SPAN name="chap03"></SPAN>The text of THE MAGNA CARTA</h2>
<p>The Magna Carta (The Great Charter):</p>
<p>Preamble:</p>
<p>John, by the grace of God, king of England, lord of Ireland, duke of Normandy
and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls,
barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his
bailiffs and liege subjects, greetings. Know that, having regard to God and for
the salvation of our soul, and those of all our ancestors and heirs, and unto
the honor of God and the advancement of his holy Church and for the rectifying
of our realm, we have granted as underwritten 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, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of
Worcester, William of Coventry, Benedict of Rochester, bishops; of Master
Pandulf, subdeacon and member of the household of our lord the Pope, of brother
Aymeric (master of the Knights of the Temple in England), and of the
illustrious men William Marshal, earl of Pembroke, William, earl of Salisbury,
William, earl of Warenne, William, earl of Arundel, Alan of Galloway (constable
of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal
of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset,
Philip d’Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and
others, our liegemen.</p>
<p>1. In the first place we have granted to God, and by this our present charter
confirmed for us and our heirs forever that the English Church shall be free,
and shall have her rights entire, and her liberties inviolate; and we will that
it be thus observed; which is apparent from this that the freedom of elections,
which is reckoned most important and very essential to the English Church, we,
of our pure and unconstrained will, did grant, and did by our charter confirm
and did obtain the ratification of the same from our lord, Pope Innocent III,
before the quarrel arose between us and our barons: and this we will observe,
and our will is that it be observed in good faith by our heirs forever. We have
also granted to all freemen of our kingdom, for us and our heirs forever, all
the underwritten liberties, to be had and held by them and their heirs, of us
and our heirs forever.</p>
<p>2. If any of our earls or barons, or others holding of us in chief by military
service shall have died, and at the time of his death his heir shall be full of
age and owe “relief”, he shall have his inheritance by the old
relief, to wit, the heir or heirs of an earl, for the whole baroncy of an earl
by L100; the heir or heirs of a baron, L100 for a whole barony; the heir or
heirs of a knight, 100s, at most, and whoever owes less let him give less,
according to the ancient custom of fees.</p>
<p>3. If, however, the heir of any one of the aforesaid has been under age and in
wardship, let him have his inheritance without relief and without fine when he
comes of age.</p>
<p>4. The guardian of the land of an heir who is thus under age, shall take from
the land of the heir nothing but reasonable produce, reasonable customs, and
reasonable services, and that without destruction or waste of men or goods; and
if we have committed the wardship of the lands of any such minor to the
sheriff, or to any other who is responsible to us for its issues, and he has
made destruction or waster of what he holds in wardship, we will take of him
amends, and the land shall be committed to two lawful and discreet men of that
fee, who shall be responsible for the issues to us or to him to whom we shall
assign them; and if we have given or sold the wardship of any such land to
anyone and he has therein made destruction or waste, he shall lose that
wardship, and it shall be transferred to two lawful and discreet men of that
fief, who shall be responsible to us in like manner as aforesaid.</p>
<p>5. The guardian, moreover, so long as he has the wardship of the land, shall
keep up the houses, parks, fishponds, stanks, mills, and other things
pertaining to the land, out of the issues of the same land; and he shall
restore to the heir, when he has come to full age, all his land, stocked with
ploughs and wainage, according as the season of husbandry shall require, and
the issues of the land can reasonable bear.</p>
<p>6. Heirs shall be married without disparagement, yet so that before the
marriage takes place the nearest in blood to that heir shall have notice.</p>
<p>7. A widow, after the death of her husband, shall forthwith and without
difficulty have her marriage portion and inheritance; nor shall she give
anything for her dower, or for her marriage portion, or for the inheritance
which her husband and she held on the day of the death of that husband; and she
may remain in the house of her husband for forty days after his death, within
which time her dower shall be assigned to her.</p>
<p>8. No widow shall be compelled to marry, so long as she prefers to live without
a husband; provided always that she gives security not to marry without our
consent, if she holds of us, or without the consent of the lord of whom she
holds, if she holds of another.</p>
<p>9. Neither we nor our bailiffs will seize any land or rent for any debt, as
long as the chattels of the debtor are sufficient to repay the debt; nor shall
the sureties of the debtor be distrained so long as the principal debtor is
able to satisfy the debt; and if the principal debtor shall fail to pay the
debt, having nothing wherewith to pay it, then the sureties shall answer for
the debt; and let them have the lands and rents of the debtor, if they desire
them, until they are indemnified for the debt which they have paid for him,
unless the principal debtor can show proof that he is discharged thereof as
against the said sureties.</p>
<p>10. If one who has borrowed from the Jews any sum, great or small, die before
that loan be repaid, the debt shall not bear interest while the heir is under
age, of whomsoever he may hold; and if the debt fall into our hands, we will
not take anything except the principal sum contained in the bond.</p>
<p>11. And if anyone die indebted to the Jews, his wife shall have her dower and
pay nothing of that debt; and if any children of the deceased are left under
age, necessaries shall be provided for them in keeping with the holding of the
deceased; and out of the residue the debt shall be paid, reserving, however,
service due to feudal lords; in like manner let it be done touching debts due
to others than Jews.</p>
<p>12. No scutage not aid shall be imposed on our kingdom, unless by common
counsel of our kingdom, except for ransoming our person, for making our eldest
son a knight, and for once marrying our eldest daughter; and for these there
shall not be levied more than a reasonable aid. In like manner it shall be done
concerning aids from the city of London.</p>
<p>13. And the city of London shall have all it ancient liberties and free
customs, as well by land as by water; furthermore, we decree and grant that all
other cities, boroughs, towns, and ports shall have all their liberties and
free customs.</p>
<p>14. And for obtaining the common counsel of the kingdom anent the assessing of
an aid (except in the three cases aforesaid) or of a scutage, we will cause to
be summoned the archbishops, bishops, abbots, earls, and greater barons,
severally by our letters; and we will moveover cause to be summoned generally,
through our sheriffs and bailiffs, and others who hold of us in chief, for a
fixed date, namely, after the expiry of at least forty days, and at a fixed
place; and in all letters of such summons we will specify the reason of the
summons. And when the summons has thus been made, the business shall proceed on
the day appointed, according to the counsel of such as are present, although
not all who were summoned have come.</p>
<p>15. We will not for the future grant to anyone license to take an aid from his
own free tenants, except to ransom his person, to make his eldest son a knight,
and once to marry his eldest daughter; and on each of these occasions there
shall be levied only a reasonable aid.</p>
<p>16. No one shall be distrained for performance of greater service for a
knight’s fee, or for any other free tenement, than is due therefrom.</p>
<p>17. Common pleas shall not follow our court, but shall be held in some fixed
place.</p>
<p>18. Inquests of novel disseisin, of mort d’ancestor, and of darrein
presentment shall not be held elsewhere than in their own county courts, and
that in manner following; We, or, if we should be out of the realm, our chief
justiciar, will send two justiciaries through every county four times a year,
who shall alone with four knights of the county chosen by the county, hold the
said assizes in the county court, on the day and in the place of meeting of
that court.</p>
<p>19. And if any of the said assizes cannot be taken on the day of the county
court, let there remain of the knights and freeholders, who were present at the
county court on that day, as many as may be required for the efficient making
of judgments, according as the business be more or less.</p>
<p>20. A freeman shall not be amerced for a slight offense, except in accordance
with the degree of the offense; and for a grave offense he shall be amerced in
accordance with the gravity of the offense, yet saving always his
“contentment”; and a merchant in the same way, saving his
“merchandise”; and a villein shall be amerced in the same way,
saving his “wainage” if they have fallen into our mercy: and none
of the aforesaid amercements shall be imposed except by the oath of honest men
of the neighborhood.</p>
<p>21. Earls and barons shall not be amerced except through their peers, and only
in accordance with the degree of the offense.</p>
<p>22. A clerk shall not be amerced in respect of his lay holding except after the
manner of the others aforesaid; further, he shall not be amerced in accordance
with the extent of his ecclesiastical benefice.</p>
<p>23. No village or individual shall be compelled to make bridges at river banks,
except those who from of old were legally bound to do so.</p>
<p>24. No sheriff, constable, coroners, or others of our bailiffs, shall hold
pleas of our Crown.</p>
<p>25. All counties, hundred, wapentakes, and trithings (except our demesne
manors) shall remain at the old rents, and without any additional payment.</p>
<p>26. If anyone holding of us a lay fief shall die, and our sheriff or bailiff
shall exhibit our letters patent of summons for a debt which the deceased owed
us, it shall be lawful for our sheriff or bailiff to attach and enroll the
chattels of the deceased, found upon the lay fief, to the value of that debt,
at the sight of law worthy men, provided always that nothing whatever be thence
removed until the debt which is evident shall be fully paid to us; and the
residue shall be left to the executors to fulfill the will of the deceased; and
if there be nothing due from him to us, all the chattels shall go to the
deceased, saving to his wife and children their reasonable shares.</p>
<p>27. If any freeman shall die intestate, his chattels shall be distributed by
the hands of his nearest kinsfolk and friends, under supervision of the Church,
saving to every one the debts which the deceased owed to him.</p>
<p>28. No constable or other bailiff of ours shall take corn or other provisions
from anyone without immediately tendering money therefor, unless he can have
postponement thereof by permission of the seller.</p>
<p>29. No constable shall compel any knight to give money in lieu of castle-guard,
when he is willing to perform it in his own person, or (if he himself cannot do
it from any reasonable cause) then by another responsible man. Further, if we
have led or sent him upon military service, he shall be relieved from guard in
proportion to the time during which he has been on service because of us.</p>
<p>30. No sheriff or bailiff of ours, or other person, shall take the horses or
carts of any freeman for transport duty, against the will of the said freeman.</p>
<p>31. Neither we nor our bailiffs shall take, for our castles or for any other
work of ours, wood which is not ours, against the will of the owner of that
wood.</p>
<p>32. We will not retain beyond one year and one day, the lands those who have
been convicted of felony, and the lands shall thereafter be handed over to the
lords of the fiefs.</p>
<p>33. All kydells for the future shall be removed altogether from Thames and
Medway, and throughout all England, except upon the seashore.</p>
<p>34. The writ which is called praecipe shall not for the future be issued to
anyone, regarding any tenement whereby a freeman may lose his court.</p>
<p>35. Let there be one measure of wine throughout our whole realm; and one
measure of ale; and one measure of corn, to wit, “the London
quarter”; and one width of cloth (whether dyed, or russet, or
“halberget”), to wit, two ells within the selvedges; of weights
also let it be as of measures.</p>
<p>36. Nothing in future shall be given or taken for a writ of inquisition of life
or limbs, but freely it shall be granted, and never denied.</p>
<p>37. If anyone holds of us by fee-farm, either by socage or by burage, or of any
other land by knight’s service, we will not (by reason of that fee-farm,
socage, or burgage), have the wardship of the heir, or of such land of his as
if of the fief of that other; nor shall we have wardship of that fee-farm,
socage, or burgage, unless such fee-farm owes knight’s service. We will
not by reason of any small serjeancy which anyone may hold of us by the service
of rendering to us knives, arrows, or the like, have wardship of his heir or of
the land which he holds of another lord by knight’s service.</p>
<p>38. No bailiff for the future shall, upon his own unsupported complaint, put
anyone to his “law”, without credible witnesses brought for this
purposes.</p>
<p>39. No freemen shall be taken or imprisoned or disseised or exiled or in any
way destroyed, nor will we go upon him nor send upon him, except by the lawful
judgment of his peers or by the law of the land.</p>
<p>40. To no one will we sell, to no one will we refuse or delay, right or
justice.</p>
<p>41. All merchants shall have safe and secure exit from England, and entry to
England, with the right to tarry there and to move about as well by land as by
water, for buying and selling by the ancient and right customs, quit from all
evil tolls, except (in time of war) such merchants as are of the land at war
with us. And if such are found in our land at the beginning of the war, they
shall be detained, without injury to their bodies or goods, until information
be received by us, or by our chief justiciar, how the merchants of our land
found in the land at war with us are treated; and if our men are safe there,
the others shall be safe in our land.</p>
<p>42. It shall be lawful in future for anyone (excepting always those imprisoned
or outlawed in accordance with the law of the kingdom, and natives of any
country at war with us, and merchants, who shall be treated as if above
provided) to leave our kingdom and to return, safe and secure by land and
water, except for a short period in time of war, on grounds of public policy-
reserving always the allegiance due to us.</p>
<p>43. If anyone holding of some escheat (such as the honor of Wallingford,
Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands
and are baronies) shall die, his heir shall give no other relief, and perform
no other service to us than he would have done to the baron if that barony had
been in the baron’s hand; and we shall hold it in the same manner in
which the baron held it.</p>
<p>44. Men who dwell without the forest need not henceforth come before our
justiciaries of the forest upon a general summons, unless they are in plea, or
sureties of one or more, who are attached for the forest.</p>
<p>45. We will appoint as justices, constables, sheriffs, or bailiffs only such as
know the law of the realm and mean to observe it well.</p>
<p>46. All barons who have founded abbeys, concerning which they hold charters
from the kings of England, or of which they have long continued possession,
shall have the wardship of them, when vacant, as they ought to have.</p>
<p>47. All forests that have been made such in our time shall forthwith be
disafforsted; and a similar course shall be followed with regard to river banks
that have been placed “in defense” by us in our time.</p>
<p>48. All evil customs connected with forests and warrens, foresters and
warreners, sheriffs and their officers, river banks and their wardens, shall
immediately by inquired into in each county by twelve sworn knights of the same
county chosen by the honest men of the same county, and shall, within forty
days of the said inquest, be utterly abolished, so as never to be restored,
provided always that we previously have intimation thereof, or our justiciar,
if we should not be in England.</p>
<p>49. We will immediately restore all hostages and charters delivered to us by
Englishmen, as sureties of the peace of faithful service.</p>
<p>50. We will entirely remove from their bailiwicks, the relations of Gerard of
Athee (so that in future they shall have no bailiwick in England); namely,
Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne,
Geoffrey of Martigny with his brothers, Philip Mark with his brothers and his
nephew Geoffrey, and the whole brood of the same.</p>
<p>51. As soon as peace is restored, we will banish from the kingdom all foreign
born knights, crossbowmen, serjeants, and mercenary soldiers who have come with
horses and arms to the kingdom’s hurt.</p>
<p>52. If anyone has been dispossessed or removed by us, without the legal
judgment of his peers, from his lands, castles, franchises, or from his right,
we will immediately restore them to him; and if a dispute arise over this, then
let it be decided by the five and twenty barons of whom mention is made below
in the clause for securing the peace. Moreover, for all those possessions, from
which anyone has, without the lawful judgment of his peers, been disseised or
removed, by our father, King Henry, or by our brother, King Richard, and which
we retain in our hand (or which as possessed by others, to whom we are bound to
warrant them) we shall have respite until the usual term of crusaders;
excepting those things about which a plea has been raised, or an inquest made
by our order, before our taking of the cross; but as soon as we return from the
expedition, we will immediately grant full justice therein.</p>
<p>53. We shall have, moreover, the same respite and in the same manner in
rendering justice concerning the disafforestation or retention of those forests
which Henry our father and Richard our brother afforested, and concerning the
wardship of lands which are of the fief of another (namely, such wardships as
we have hitherto had by reason of a fief which anyone held of us by
knight’s service), and concerning abbeys founded on other fiefs than our
own, in which the lord of the fee claims to have right; and when we have
returned, or if we desist from our expedition, we will immediately grant full
justice to all who complain of such things.</p>
<p>54. No one shall be arrested or imprisoned upon the appeal of a woman, for the
death of any other than her husband.</p>
<p>55. All fines made with us unjustly and against the law of the land, and all
amercements, imposed unjustly and against the law of the land, shall be
entirely remitted, or else it shall be done concerning them according to the
decision of the five and twenty barons whom mention is made below in the clause
for securing the pease, or according to the judgment of the majority of the
same, along with the aforesaid Stephen, archbishop of Canterbury, if he can be
present, and such others as he may wish to bring with him for this purpose, and
if he cannot be present the business shall nevertheless proceed without him,
provided always that if any one or more of the aforesaid five and twenty barons
are in a similar suit, they shall be removed as far as concerns this particular
judgment, others being substituted in their places after having been selected
by the rest of the same five and twenty for this purpose only, and after having
been sworn.</p>
<p>56. If we have disseised or removed Welshmen from lands or liberties, or other
things, without the legal judgment of their peers in England or in Wales, they
shall be immediately restored to them; and if a dispute arise over this, then
let it be decided in the marches by the judgment of their peers; for the
tenements in England according to the law of England, for tenements in Wales
according to the law of Wales, and for tenements in the marches according to
the law of the marches. Welshmen shall do the same to us and ours.</p>
<p>57. Further, for all those possessions from which any Welshman has, without the
lawful judgment of his peers, been disseised or removed by King Henry our
father, or King Richard our brother, and which we retain in our hand (or which
are possessed by others, and which we ought to warrant), we will have respite
until the usual term of crusaders; excepting those things about which a plea
has been raised or an inquest made by our order before we took the cross; but
as soon as we return (or if perchance we desist from our expedition), we will
immediately grant full justice in accordance with the laws of the Welsh and in
relation to the foresaid regions.</p>
<p>58. We will immediately give up the son of Llywelyn and all the hostages of
Wales, and the charters delivered to us as security for the peace.</p>
<p>59. We will do towards Alexander, king of Scots, concerning the return of his
sisters and his hostages, and concerning his franchises, and his right, in the
same manner as we shall do towards our other barons of England, unless it ought
to be otherwise according to the charters which we hold from William his
father, formerly king of Scots; and this shall be according to the judgment of
his peers in our court.</p>
<p>60. Moreover, all these aforesaid customs and liberties, the observances of
which we have granted in our kingdom as far as pertains to us towards our men,
shall be observed b all of our kingdom, as well clergy as laymen, as far as
pertains to them towards their men.</p>
<p>61. Since, moveover, for God and the amendment of our kingdom and for the
better allaying of the quarrel that has arisen between us and our barons, we
have granted all these concessions, desirous that they should enjoy them in
complete and firm endurance forever, we give and grant to them the underwritten
security, namely, that the barons choose five and twenty barons of the kingdom,
whomsoever they will, who shall be bound with all their might, to observe and
hold, and cause to be observed, the peace and liberties we have granted and
confirmed to them by this our present Charter, so that if we, or our justiciar,
or our bailiffs or any one of our officers, shall in anything be at fault
towards anyone, or shall have broken any one of the articles of this peace or
of this security, and the offense be notified to four barons of the foresaid
five and twenty, the said four barons shall repair to us (or our justiciar, if
we are out of the realm) and, laying the transgression before us, petition to
have that transgression redressed without delay. And if we shall not have
corrected the transgression (or, in the event of our being out of the realm, if
our justiciar shall not have corrected it) within forty days, reckoning from
the time it has been intimated to us (or to our justiciar, if we should be out
of the realm), the four barons aforesaid shall refer that matter to the rest of
the five and twenty barons, and those five and twenty barons shall, together
with the community of the whole realm, distrain and distress us in all possible
ways, namely, by seizing our castles, lands, possessions, and in any other way
they can, until redress has been obtained as they deem fit, saving harmless our
own person, and the persons of our queen and children; and when redress has
been obtained, they shall resume their old relations towards us. And let
whoever in the country desires it, swear to obey the orders of the said five
and twenty barons for the execution of all the aforesaid matters, and along
with them, to molest us to the utmost of his power; and we publicly and freely
grant leave to everyone who wishes to swear, and we shall never forbid anyone
to swear.</p>
<p>All those, moveover, in the land who of themselves and of their own accord are
unwilling to swear to the twenty five to help them in constraining and
molesting us, we shall by our command compel the same to swear to the effect
foresaid. And if any one of the five and twenty barons shall have died or
departed from the land, or be incapacitated in any other manner which would
prevent the foresaid provisions being carried out, those of the said twenty
five barons who are left shall choose another in his place according to their
own judgment, and he shall be sworn in the same way as the others. Further, in
all matters, the execution of which is entrusted to these twenty five barons,
if perchance these twenty five are present and disagree about anything, or if
some of them, after being summoned, are unwilling or unable to be present, that
which the majority of those present ordain or command shall be held as fixed
and established, exactly as if the whole twenty five had concurred in this; and
the said twenty five shall swear that they will faithfully observe all that is
aforesaid, and cause it to be observed with all their might. And we shall
procure nothing from anyone, directly or indirectly, whereby any part of these
concessions and liberties might be revoked or diminished; and if any such
things has been procured, let it be void and null, and we shall never use it
personally or by another.</p>
<p>62. And all the will, hatreds, and bitterness that have arisen between us and
our men, clergy and lay, from the date of the quarrel, we have completely
remitted and pardoned to everyone. Moreover, all trespasses occasioned by the
said quarrel, from Easter in the sixteenth year of our reign till the
restoration of peace, we have fully remitted to all, both clergy and laymen,
and completely forgiven, as far as pertains to us. And on this head, we have
caused to be made for them letters testimonial patent of the lord Stephen,
archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the
bishops aforesaid, and of Master Pandulf as touching this security and the
concessions aforesaid.</p>
<p>63. Wherefore we will and firmly order that the English Church be free, and
that the men in our kingdom have and hold all the aforesaid liberties, rights,
and concessions, well and peaceably, freely and quietly, fully and wholly, for
themselves and their heirs, of us and our heirs, in all respects and in all
places forever, as is aforesaid. An oath, moreover, has been taken, as well on
our part as on the part of the barons, that all these conditions aforesaid
shall be kept in good faith and without evil intent. Given under our hand - the
above named and many others being witnesses - in the meadow which is called
Runnymede, between Windsor and Staines, on the fifteenth day of June, in the
seventeenth year of our reign.</p>
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