Magna Carta 1215

Magna Carta 1215
Preamble:
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.
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.
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.
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.
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 lawfuland 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.
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.
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.
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.
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.
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.
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.
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.
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.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.
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.
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.
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.
17. Common pleas shall not follow our court, but shall be held in some fixed place.
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.
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.
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.
21. Earls and barons shall not be amerced except through their peers, and only in accordance with the
degree of the offense.
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.
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.
24. No sheriff, constable, coroners, or others of our bailiffs, shall hold pleas of our Crown.25. All counties, hundred, wapentakes, and trithings (except our demesne manors) shall remain at the
old rents, and without any additional payment.
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.
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.
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.
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.
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.
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.
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.
33. All kydells for the future shall be removed altogether from Thames and Medway, and throughout all
England, except upon the seashore.
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.
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.
36. Nothing in future shall be given or taken for awrit of inquisition of life or limbs, but freely it shall
be granted, and never denied.
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, orburgage, 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.
38. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his “law”,
without credible witnesses brought for this purposes.
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.
40. To no one will we sell, to no one will we refuse or delay, right or justice.
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.
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.
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.
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.
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.
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.
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.
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 fortydays 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.
49. We will immediately restore all hostages and charters delivered to us by Englishmen, as sureties of
the peace of faithful service.
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.
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.
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.
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.
54. No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other than
her husband.
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.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.
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.
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.
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 owher
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.
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 by all of our kingdom, as well
clergy as laymen, as far as pertains to them towards their men.
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 thepersons 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. 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.
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.
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.