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