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 faithful subjects, greeting. Know that we, out
of reverence for God and for the salvation of our soul and those of all
our ancestors and heirs, for the honour of God and the exaltation of
holy
church, and for the reform of our realm, on the 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 and Benedict of
Rochester,
bishops, of master Pandulf, subdeacon and member of the household of
the
lord pope, of brother Aymeric, master of the order of Knights Templar
in
England, and of the noble men William Marshal earl of Pembroke, William
earl of Salisbury, William earl of Warenne, William earl of Arundel,
Alan
of Galloway constable of Scotland, Warin fitz Gerold, Peter fitz
Herbert,
Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew fitz
Herbert,
Thomas Basset, Alan Basset, Philip de Aubeney, Robert of Ropsley, John
Marshal, John fitz Hugh, and others, our faithful subjects:
[1] In the
first place
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
its rights undiminished and its liberties nimpaired; and it is our will
that it be thus observed; which is evident from the fact that, before
the
quarrel between us and our barons began, we willingly and spontaneously
granted and by our charter confirmed the freedom of elections which is
reckoned most important and very essential to the English church, and
obtained
confirmation of it from the lord pope Innocent III; the which we will
observe
and we wish our heirs to observe it in good faith for ever. We
have
also granted to all free men of our kingdom, for ourselves and our
heirs
for ever, all the liberties written below, to be had and held by them
and
their heirs of us and our heirs.
[2]
If any of our
earls or barons or others holding of us in chief by knight service
dies,
and at his death his heir be of full age and owe relief he shall have
his
inheritance on payment of the old relief, namely the heir or heirs of
an
earl œ100 for a whole earl's barony, the heir of heirs of a baron œ100
for a whole barony, the heir or heirs of a knight 100s, at most, for a
whole knight's fee; and he who owes less shall give less according to
the
ancient usage of fiefs.
[3] If,
however, the heir
of any such be under age and a ward, he shall have his inheritance when
he comes of age without paying relief and without making fine.
[4] The
guardian of the
land of such an heir who is under age shall take from the land of the
heir
no more than reasonable revenues, reasonable customary dues and
reasonable
services and that without destruction and waste of men or goods; and if
we commit the wardship of the land of any such to a sheriff, or to any
other who is answerable to us for its revenues, and he destroys or
wastes
what he has wardship of, we will take compensation from him and the
land
shall be committed to two lawful and discreet men of that fief, who
shall
be answerable for the revenues to us or to him to whom we have assigned
them; and if we give or sell to anyone the wardship of any such land
and
he causes destruction or waste therein, he shall lose that wardship,
and
it shall be transferred to two lawful and discreet men of that fief,
who
shall similarly be answerable to us as is aforesaid.
[5]
Moreover, so long as
he has the wardship of the land, the guardian shall keep in repair the
houses, parks, preserves, ponds, mills and other things pertaining to
the
land out of the revenues from it; and he shall restore to the heir when
he comes of age his land fully stocked with ploughs and the means of
husbandry
according to what the season of husbandry requires and the revenues of
the land can reasonably bear.
[6] Heirs
shall be married
without disparagement, yet so that before the marriage is contracted
those
nearest in blood to the heir shall have notice.
[7] A widow
shall have
her marriage portion and inheritance forthwith and without difficulty
after
the death of her husband; nor shall she pay anything to have her dower
or her marriage portion or the inheritance which she and her husband
held
on the day of her husband's death; and she may remain in her husband's
house for forty days after his death, within which time her dower shall
be assigned to her.
[8]
No widow shall
be forced to marry so long as she wishes to live without a husband,
provided
that she gives security not to marry without our consent if she holds
of
us, or without the consent of her lord of whom she holds, if she holds
of another.
[9] Neither
we nor our
bailiffs will seize for any debt any land or rent, so long as the
chattles
of the debtor are sufficient to repay the debt; nor will those who have
gone surety for the debtor be distrained so long as the principal
debtor
is himself able to pay the debt; and if the principal debtor fails to
pay
the debt, having nothing wherewith to pay it, then shall the sureties
answer
for the debt; and they shall, if they wish, have the lands and rents of
the debtor until they are reimbursed for the debt which they have paid
for him, unless the principal debtor can show that he has discharged
his
obligation in the matter to the said sureties.
[10] If
anyone who has
borrowed from the Jews any sum, great or small, dies before it is
repaid,
the debt shall not bear interest as long as the heir is under age, of
whomsoever
he holds; and if the debt falls into our hands, we will not take
anything
except the principal mentioned in the bond.
[11] And if
anyone dies
indebted to the Jews, his wife shall have her dower and pay nothing of
that debt; and if the dead man leaves children who are under age, they
shall be provided whith necessaries befitting the holding of the
deceased;
and the debt shall be paid out of the residue, reserving, however,
service
due to lords of the land; debts owing to others than Jews shall be
dealt
with in like manner.
[12] No
scutage or aid
shall be imposed in 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 only a reasonable
aid shall be levied. Be it done in like manner oncerning aids
from
the city of London.
[13] And
the city of London
shall have all its ancient liberties and free customs as well by land
as
by water. Furthermore, we will and grant that all other cities,
boroughs,
towns, and ports shall have all their liberties and free customs.
[14] And to
obtain the
common counsel of the kingdom about 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,
individually
by our letters-and, in additon, we will cause to be summoned generally
through our sheriffs and bailiffs all those holding of us in chief-for
a fixed date, namely, after the expiry of at least forty day, and to a
fixed place; and in all letters of such summons we will specify the
reason
for the summons. And when the summons has thus been made, the
business
shall proceed on the day appointed, according to the counsel of those
present,
though not all have come who were summoned.
[15] We
will not in future
grant any one the right to take an aid from his free men, except for
ransoming
his person, for making his eldest son a knight and for once marrying
his
eldest daughter, and for these only a resonable aid shall be levied.
[16] No one
shall be compelled
to do greater service for a kngiht's fee or for any other free holding
than is due form it.
[17] Common pleas shall not follow our court, but shall be held in some
fixed place.
[18]
Recognitions of novel
disseisin, of mort d'ancester, and of darrein presentment, shall not be
held elsewhere than in the counties to which they relate, and in this
manner-we,
or, if we should be out of the realm, our chief justiciar, will send
two
justices through each county four times a year, who, with four knights
of each county chosen by the county, shall hold the said assizes in the
county and on the day and in the place of meeting of the county court.
[19] And if
the said assizes
cannot all be held on the day of the county court, there shall stay
behind
as many of the kngihts and freeholders who were present at the county
court
on that day as are necessary for the sufficient making of judgments,
according
to the amount of business to be done.
[20] A free
man shall not
be amerced for a trivial offence except in accordance with the degree
of
the offence, and for a grave offence he shall be amerced in
accordance
with its gravity, yet saving his way of living; and a merchant in the
same
way, saving his stock-in-trade; and a villein shall be amerced in the
same
way, saving his means of livelihood-if they have fallen into our mercy:
and none of the aforesaid amercements shall be imposed except by the
oath
of good men of the neighbourhood.
[21]
Earls and barons
shall not be amerced except by their peers, and only in accordance with
the degree of the offence.
[22] No
clerk shall be
amerced in respect of his lay holding except after the manner of the
others
aforesaid and not according to the amount of his ecclesiastical
benefice.
[23] No
vill or individual
shall be compelled to make bridges at river banks, except those who
from
of old are legally bound to do so.
[24] No sheriff, constable, coroners, or others of our bailiffs, shall
hold pleas of our crown.
[25] All
counties, hundreds,
wapentakes and trithings shall be at the old rents without any
additional
payment, except our demesne manors.
[26] If
anyone holding
a lay fief of us dies and our sheriff or bailiff shows our letters
patent
of summons for a debt that the deceased owed us, it shall be lawful for
our sheriff or bailiff to attach and make a list of chattels of the
deceased
found upon the lay fief to the value of that debt under the supervision
of aw-worthy men, provided that none of the chattels shall be removed
until
the debt which is manifest has been paid to us in full; and the residue
shall be left to the executors for carrying out the will of the
deceased.
And if nothing is owing to us from him, all the chattels shall accrue
to
the deceased, saving to his wife and children their reasonable shares.
[27] If any
free man dies
without leaving a will, his chattels shall be distributed by his
nearest
kinsfolk nd friends under the supervison of the church, saving to every
one the debts which the deceased owed him.
[28] No
constable or other
bailiff of ours shall take anyone's corn or other chattels unless he
pays
on the spot in cash for them or can delay payment by arrangment with
the
seller.
[29] No
constable shall
compel any knight to give money instead of castle-guard if he is
willing
to do the guard himself or through another good man, if for some good
reason
he cannot do it himself; and if we lead or send him on military
service,
he shall be excused guard in proportion to the time that because of us
he has been on service.
[30] No
sheriff, or bailiff
of ours, or anyone else shall take the horses or carts of any free man
for transport work save with the agreement of that freeman.
[31]
Neither we nor our
bailiffs will take, for castles or other works of ours, timber which is
not ours, except with the agreement of him whose timber it is
.
[32] We will
not hold
for more than a year and a day the lands of those convicted of felony,
and then the lands shall be handed over to the lords of the fiefs.
[33]
Henceforth all fish-weirs
shall be cleared completely from the Thames and the Medway and
throughout
all England, except along the sea coast.
[34] The
writ called Praecipe
shall not in future be issued to anyone in respect of any holding
whereby
a free man may lose his court.
[35] Let
there be one measure
for wine throughout our kingdom, and one measure for ale, and one
measure
for corn, namely "the London quarter"; and one width for cloths whether
dyed, russet or halberget, namely two ells within the selvedges.
Let it be the same with weights as with measures.
[36] Nothing shall be given or taken in future for the writ of
inquisition
of life or limbs: instead it shall be granted free of charge and not
refused.
[37] If
anyone holds of
us by fee-farm, by socage, or by burgage, and holds land of another by
knight service, we will not, by reason of that fee-farm, socage, or
burgage,
have the wardship of his heir or of land of land of his that is of the
fief of the other; nor will we have custody of the fee-farm, socage, or
burgage, unless such fee-farm owes kngiht service. We will not
have
custody of anyone's heir or land which he holds of another by knight
service
by reason of any petty serjeanty which he holds of us by the service of
rendering to us knives or arrows or the like.
[38] No
bailiff shall in
future put anyone to trial upon his own bare word, without reliable
witnesses
produced for this purpose.
[39] No
free man shall
be arrested or imprisoned or disseised or outlawed or exiled or in any
way victimised, neither will we attack him or send anyone to attack
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
be able to go out of and come into England safely and securely and stay
and travel throughout England, as well by land as by water, for buying
and selling by the ancient and right customs free from all evil tolls,
except in time of war and if they are of the land that is at war with
us.
And if such are found in our land at the beginning of a war, they shall
be attached, without injury to their persons or goods, until we, or our
chief justiciar, know how merchants of our land are treated who were
found
in the land at war with us when war broke out, and if ours are safe
there,
the others shall be safe in our land.
[42] It
shall be lawful
in future for anyone, without prejudicing the allegiance due to us, to
leave our kingdom and return safely and securely by land and water,
save,
in the public interest, for a short period in time of war-except for
those
imprisoned or outlawed in accordance with the law of the kingdom and
natives
of a land that is at war with us and merchants (who shall be treated as
aforesaid).
[43] If
anyone who holds
of some escheat such as the honour of Wallingford, Nottingham,
Boulogne,
Lancaster, or of other escheats which are in our hands and are baronies
dies, his heir shall give no other relief and do no other service to us
than he would have done to the baron if that barony had been in the
baron's
hands; and we will hold it in the same manner in which the baron held
it.
[44] Men
who live outside
the forest need not henceforth come before our justices of the forest
upon
a general summons, unless they are impleaded or are sureties for any
person
or persons who are attached for forest offences.
[45] We
will not make justices,
constables, sheriffs or bailiffs save of such as know the law of the
kingdom
and mean to observe it well.
[46]
All barons who
have founded abbeys for which they have charters of the kings of
England
or ancient tenure shall have the custody of them during vacancies, as
they
ought to have.
[47] All
forests that have
been make forest in our time shall be immediately disafforested; and so
be it done with river banks that have been made preserves by us in our
time.
[48] All evil customs connected with forests and warrens, foresters and
warreners, sheriffs and their officials, riverbanks and their wardens
shall
immediately be inquired into in each county by twelve sworn kngihts of
the same county, and within forty days of the completion of the inquiry
shall be utterly abolished by them so as never to be restored, provided
that we, or our justiciar if we are not in England, know of it first.
[49]
We will immediately
return all hostages and charters given to us by Englishmen, as security
for peace or faithful service.
[50] We will remove completely from office the relations of Gerard de
Athee
so that in future they shall have no office in England, namely Engelard
de Cigogne, Peter and Guy and Andrew de Chanceaux, Guy de cigogne,
Geoffrey
de Maartigny and his brothers, Philip Marc and his brothers and his
nephew
Geoffrey, and all their following.
[51] As
soon as peace is
restored, we will remove from the kingdom all foreign knights,
cross-bowmen,
serjeants, and mercenaries, who have come with horses and arms to the
detriment
of the kingdom.
[52] If
anyone has been
disseised of or kept out of his lands, castles, franchises or his right
by us without the legal judgment of his peers, we will immediately
restore
them to him: and if a dispute arises over this, then let it be
decided
by the judgment of the twenty-five barons who are mentioned below in
the
clause for securing the peace: for all the things, however, which
anyone has been disseised or kept out of without the lawful judgment of
his peers by king Henry, our father, or by king Richard, our brother,
which
we have in our hand or are held by others, to whom we are bound to
warrant
them, we will have the usual period of respite of crusaders, excepting
those things about which a plea was started or an inquest made by our
command
before we took the cross; when however we return from our pilgrimage,
or
if by any chance we do not go on it, we will at once do full justice
therein.
[53] We
will have the same
respite, and in the same manner, in the doing of justice in the matter
of the disafforesting or retaining of the forests which Henry our
father
or Richard our brother afforested, and in the matter of the wardship of
lands which are of the fief of another, wardships of which sort we have
hitherto had by reason of a fief which anyone held of us by knight
service,
and in the matter of abbeys founded on the fief of another, not on a
fief
of our own, in which the lord of the fief claims he has a right; and
when
we have returned, or if we do not set out on our pilgrimage, we will at
once do full justice to those who complain of these things.
[54]
No one shall
be arrested or imprisoned upon the appeal of a woman for the death of
anyone
except 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 let them be settled by the judgment of the twenty-five barons who
are mentioned below in the clause for securing the peace, or by 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
associate with himself for this purpose, and if he cannot be present
the
business shall nevertheless proceed without him, provided that if any
one
or more of of the aforesaid twenty-five barons are in a like suit, they
shall be removed from the judgment of the case in question, and others
chosen, sworn and put in their place by the rest of the same
twenty-five
for this case only.
[56] If we
have disseised
or kept out 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 arises over this, then let it be
decided
in the March by the judgment of their peers-for holdings in England
according
to the law of England, for holdings in Wales according to the law of
Wales,
and for holdings in the March according to the law of the March.
Welshmen shall do the same to us and ours.
[57] For
all the things,
however, which any Welshman was disseised of or kept out of without the
lawful judgment of his peers by king Henry, our father, or king
Richard,
our brother, which we have in our hand or which are held by others, to
whom we are bound to warrent them, we will have the usual period of
respite
of crusaders, excepting those things about which a plea was started or
an inquest made by our command before we took the cross; when however
we
return, or if by any chance we do not set out on our pilgrimage, we
will
at once do full justice to them in accordance with the laws of the
Welsh
and the foresaid regions.
[58] We
will give back
at once the son of Llywelyn and all the hostages from Wales and the
charters
that were handed over to us as security for peace.
[59] We
will act toward
Alexander, king of the Scots, concerning the return of his sisters and
hostages and concerning his franchises and his right in the same manner
in which we act towards our other barons of England, unless it ought to
be otherwise by the charters which we have from William his father,
formerly
king of the Scots, and this shall be determined by the judgment of his
peers in our court.
[60] All
these aforesaid
customs and liberties which we have granted to be observed in our
kingdom
as far as it pertains to us towards our men, all of our kingdom, clerks
as well as laymen, shall observe as far as it pertains to them towards
their men.
[61] Since,
moreover, for
God and the betterment of our kingdom and for the better allaying of
the
discord that has arisen between us and our barons we have granted all
these
things aforesaid, wishing them to enjoy the use of them unimpaired and
unshaken for ever, we give and grant them the under-written security,
namely,
that the barons shall choose any twenty-five barons of the kingdom they
wish, who must with all their might observe, hold and cause to be
observed,
the peace and liberties which we have granted and confirmed to them by
this present charter of ours, so that if we, or our justiciar, or our
bailiffs
or any one of our servants offend in any way against anyone or
transgress
any of the articles of the peace or the security and the offence be
notified
to four of the aforesaid twenty-five barons, those four barons shall
come
to us, or to our justiciar if we are out of the kingdom, and, laying
the
transgression before us, shall petition us to have that transgression
corrected
without delay. And if we do not correct the transgression, or if
we are out of the kingdom, if our justiciar does not correct it, within
forty days, reckoning from the time it was brought to our notice or to
that of our justiciar if we were out of the kingdom, the aforesaid four
barons shall refer that case to the rest of the twenty-five barons and
those twenty-five barons together with the community of the whole land
shall distrain and distress us in every way they can, namely, by
seizing
castles, lands, possessions, and in such other ways as they can, saving
our person and the persons of our queen and our children, until, in
their
opinion, amends have been made; and when amends have been made, they
shall
obey us as they did before. And let anyone in the land who wishes
take an oath to obey the orders of the said twenty-five barons for the
execution of all the aforesaid
matters, and
with them
to distress us as much as he can, and we publicly and freely give
anyone
leave to take the oath who wishes to take it and we will never prohibit
anyone from taking it. Indeed, all those in the land who are
unwilling
of themselves and of their own accord to take an oath to the
twenty-five
barons to help them to distrain and distress us, we will make them take
the oath as aforesaid at our command. And if any of the
twenty-five
barons dies or leaves the country or is in any other way prevented from
carrying out the things aforesaid, the rest of the aforesaid
twenty-five
barons shall choose as they think fit another one in his place, and he
shall take the oath like the rest. In all matters the execution
of
which is committed to these twenty-five barons, if it should happen
that
these twenty-five are present yet disagree
among
themselves about
anything, or if some of those summoned will not or cannot be present,
that
shall be held as fixed and established which the majority of those
present
ordained or commanded, exactly as if all the twenty-five had consented
to it; and the said twenty-five shall swear that they will faithfully
observe
all the things aforesaid and will do all they can to get them observed.
And we will procure nothing from anyone, either personally or through
anyone
else, whereby any of these concessions and liberties might be revoked
or
diminished; and if any such thing is procured, let it be void and null,
and we will never use it either personally or through another.
[62] And we
have fully
remitted and pardoned to everyone all the ill-will, indignation and
rancour
that have arisen between us and our men, clergy and laity, from the
time
of the quarrel. Furthermore, we have fully remitted to all,
clergy
and laity, and as far as pertains to us have completely forgiven, all
trespasses
occasioned by the same quarrel between Easter in the sixteenth year of
our reign and the restoration of peace. And, besides, 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 and of the
aforementioned
bishops and of master Pandulf about this security and the
aforementioned
concessions.
[63]
Wherefore we wish
and firmly enjoin that the English church shall be free, and that the
men
in our kingdom shall have and hold all the aforesaid liberties, rights
and concessions well and peacefully, freely and quietly, fully and
completely,
for themselves and their heirs from us and our heirs, in all matters
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
things aforesaid shall be observed in good faith and without evil
disposition.
Witness the above-mentioned and many others. Given by our hand in
the meadow which is called Runnymede between Windsor and Staines on the
fifteenth day of June, in the seventeenth year of our reign.


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