THE MAGNA CARTA (The Great Charter)
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 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.
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 a writ 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, 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.
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 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.
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 b 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 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. 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 art 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.
This is but one of three different translations I found of the
Magna Carta; it was originally done in Latin, probably by the
Archbishop, Stephen Langton. It was in force for only a few
months, when it was violated by the king. Just over a year later,
with no resolution to the war, the king died, being succeeded by
his 9-year old son, Henry III. The Charter (Carta) was reissued
again, with some revisions, in 1216, 1217 and 1225. As near as I
can tell, the version presented here is the one that preceeded
all of the others; nearly all of its provisions were soon
superceded by other laws, and none of it is effective today.
The two other versions I found each professed to be the
original, as well. The basic intent of each is the same.
Gerald Murphy (The Cleveland Free-Net - aa300)
Prepared by Nancy Troutman (The Cleveland Free-Net - aa345)
Distributed by the Cybercasting Services Division of the
National Public Telecomputing Network (NPTN).
Permission is hereby given to download, reprint, and/or otherwise
redistribute this file, provided appropriate point of origin
credit is given to the preparer(s) and the National Public
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