MAGNA
CHARTA
OR
THE GREAT CHARTER OF KING JOHN
GRANTED JUNE 15, A.D., 1215.
JOHN, by the Grace of G-d, King of England, L--d of Ireland, Duke of Normandy,
Aquitaine, and Count 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 G-d, and for the salvation of our soul, and the souls of all our ancestors
and heirs, and unto the honour of G-d and the advancement of Holy Ch--ch, and
amendment of our Realm, by advice of our venerable Fathers, Stephen, Archbishop
of Canterbury, Primate of all england and Cardinal of the Holy Roman Ch--ch;
Henry, Archbishop of Dublin; William, of London; Peter, of Winchester; Jocelin,
of bath and Glastonbury; Hugh, of Lincoln; Walter, of Worcester; William, of
Coventry; Benedict, of Rochester&emdash;Bishops: of Master Pandulph,
Sub-Deacon and Familiar of our L--d the Pope; Brother Aymeric, Master of the
Knights-Templars in England; and of the noble Persons, William Marescall, Earl
of Pembroke; William, Earl of Salisbury; William, Earl of Warren; William, Earl
of Arundel; Alan de Galloway, Constable of scotland; Warin FitzGerald, Peter
FitzHerbert, and Hubert de Burgh, Seneschal of Poitou; Hugh de Neville, Matthew
FitzHerbert, Thomas Basset, Alan Basset, Philip of Albiney, Robert de Roppell,
John Mareschal, John FitzHugh, and others, our liegemen, have, in the first
place, granted to G-d, and by this our present Charter confirmed, for us and our
heirs for ever:
1. That the Ch--ch of England shall be free, and have her whole rights, and her
liberties inviolable; and we will have them so observed, that it may appear
thence that the freedom of elections, which is reckoned chief and indispensable
to the English Ch--ch, and which we granted and confirmed by our Charter, and
obtained the confirmation of the same from our L--d the Pope Innocent III,
before the discord between us and our barons, was granted of mere free will;
which Charter we shall observe, and we do will it to be faithfully observed by
our heirs for ever.
2. We also have granted to all the freemen of our kingdom, for us and for our
heirs for ever, all the underwritten liberties, to be had and holden by them and
their heirs, of us and our heirs for ever: If any of our earls, or barons, or
others, who hold of us in chief by military service, shall die, and at the time
of his death his heir shall be of full age, and owe a relief, he shall have his
inheritance by the ancient relief&emdash;that is to say, the heir or heirs
of an earl, for a whole earldom, by a hundred pounds; the heir or heirs of a
baron, for a whole barony, by a hundred pounds; the heir or heirs of a knight,
for a whole knight's free, by a hundred shillings at most; and whoever oweth
less shall give less, according to the ancient custom of fees.
3. But if the heir of any such shall be under age, and shall be in ward, when he
comes of age he shall have his inheritance without relief and without fine.
4. The keeper of the land of such an heir being under age, shall take of the
land of the heir none but reasonable issues, reasonable customs, and reasonable
services, and that without destruction and waste of his men and his goods; and
if we commit the custody of any such lands to the sheriff, or any other who is
answerable to us for the issues of the land, and he shall make destruction and
waste of the lands which he hath in custody, we will take of him amends, and the
land shall be committed to two lawful and discreet men of that fee, who shall
answer for the issued to us, or to him to whom we shall assign them; and if we
sell or give to any one the custody of any such lands, and he therein make
destruction or waste, he shall lose the same custody, which shall be committed
to two lawful and discreet men of that fee, who shall in like manner answer to
us as aforesaid.
5. But the keeper, so long as he shall have the custody of the land, shall keep
up the houses, parks, warrens, ponds, mills, and other things pertaining to the
land, out of the issues of the same land; and shall deliver to the heir, when he
comes of full age, his whole land, stocked with ploughs and carriages, according
as the time of wainage shall require, and the issues of the land can reasonably
bear.
6. Heirs shall be married with disparagement, and so that before matrimony shall
be contracted, those who are near in blood to the heir shall have notice.
7. A widow, after the death of her husband, shall forthwith and without
difficulty have her marriage and inheritance; nor shall she give anything for
her dower, or her marriage, or her inheritance, which her husband and she held
at the day of his death; and she may remain in the mansion house of her husband
forty days after his death, within which time her dower shall be assigned.
8. No widow shall be distrained to marry herself, so long as she has a mind to
live without a husband; but yet she shall give security that she will not marry
without our assent, if she hold of us; or without the consent of the L--d of
whom she holds, if she hold of another.
9. Neither we nor our bailiffs shall seize any land or rent for any debt so long
as the chattels of the debtor are sufficient to pay the debt; nor shall the
sureties of the debtor be distrained so long as the principal debtor has
sufficient to pay the debt; and if the principal debtor shall fail in the
payment of the debt, not having wherewithal to pay it, then the sureties shall
answer the debt; and if they will they shall have the lands and rents of the
debtor, until they shall be satisfied for the debt which they paid for him,
unless the principal debtor can show himself acquitted thereof against the said
sureties.
10. If any one have borrowed anything of the Jews, more or less, and die before
the debt be satisfied, there shall be no interest paid for that debt, so long as
the heir is under ages, of whomsoever he may hold; and if the debt falls into
our hands, we will only take the chattel mentioned in the deed.
11. And if any one shall die indebted to the Jews, his wife shall have her dower
and pay nothing of that debt; and if the deceased left children under age, they
shall have necessaries provided for them, according to the tenement of the
deceased; and out of the residue the debt shall be paid, saving, however, the
service due to the L--ds, and in like manner shall it be done touching debts due
to other than the Jews.
12. NO SCUTAGE OR AID SHALL BE IMPOSED IN OUR KINGDOM, UNLESS BY THE GENERAL
COUNCIL OF OUR KINGDOM; except for ransoming our person, making our eldest son a
knight and once for marrying our eldest daughter; and for these there shall be
paid no more than a reasonable aid. In like manner it shall be concerning the
aids of 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 and boroughs, and towns and ports, shall have all their liberties
and free customs.
14. AND FOR HOLDING THE GENERAL COUNCIL OF THE KINGDOM CONCERNING THE ASSESSMENT
OF AIDS, EXCEPTS IN THE THREE CASES AFORESAID, AND FOR THE ASSESSING OF SCUTAGES,
WE SHALL CAUSE TO BE SUMMONED THE ARCHBISHOPS, BISHOPS, ABBOTS, EARLS, AND
GREATER BARONS OF THE REALM, SINGLY BY OUR LETTERS. AND FURTHERMORE, WE SHALL
CAUSE TO BE SUMMONED GENERALLY, BY OUR SHERIFFS AND BAILIFFS, ALL OTHERS WHO
HOLD OF US IN CHIEF, FOR A CERTAIN DAY, THAT IS TO SAY, FORTY DAYS BEFORE THEIR
MEETING AT LEAST, AND TO A CERTAIN PLACE; AND IN ALL LETTERS OF SUCH SUMMONS WE
WILL DECLARE THE CAUSE OF SUCH SUMMONS. AND SUMMONS BEING THUS MADE, THE
BUSINESS SHALL PROCEED ON THE DAY APPOINTED, ACCORDING TO THE ADVICE OF SUCH AS
SHALL BE PRESENT, ALTHOUGH ALL THAT WERE SUMMONED COME NOT.
15. We will not for the future grant to any one that he may take aid of his own
free tenants, unless to ransom his body, and to make his eldest son a knight,
and once to marry his eldest daughter; and for this there shall be only paid a
reasonable aid.
16. No man shall be distrained to perform more service for a knight's fee, or
other free tenement, than is due from thence.
17. Common pleas shall not follow our court, but shall be holden in some place
certain.
18. Trials upon the Writs of Novel Disseisin, and of Mort d'ancestor, and of
Darrein Presentment, shall not be taken but in their proper counties, and after
this manner: We, or if we should be out of the realm, our chief justiciary, will
send two justiciaries through every county four times a year, who, with four
knights of each county, chosen by the county, shall hold the said assizes in the
county, on the day, and at the place appointed.
19. And if any matters cannot be determined on the day appointed for holding the
assizes in each county, so many of the knights and freeholders as have been at
the assizes aforesaid shall stay to decide them as is necessary, according as
there is more or less business.
20. A freeman shall not be amerced for a small offence, but only according to
the degree of the offence; and for a great crime according to the heinousness of
it, saving to him his contenement; and after the same manner a merchant, saving
to him his merchandise. And a villein shall be amerced after the same manner,
saving to him his wainage, if he falls under our mercy; and none of the
aforesaid amerciaments shall be assessed but by the oath of honest men in the
neighbourhood.
21. Earls and barons shall not be amerced but by their peers, and after the
degree of the offence.
22. No ecclesiastical person shall be amerced for his lay tenement, but
according to the proportion of the others aforesaid, and not according to the
value of his ecclesiastical benefice.
23. Neither a town nor any tenant shall be distrained to make bridges or
embankments, unless that anciently and of right they are bound to do it.
24. No sheriff, constable, coroner, or other our bailiffs, shall hold
"Pleas of the Crown."
25. All counties, hundreds, wapentakes, and trethings, shall stand at the old
rents, without any increase, except in our demesne manors.
26. If nay one holding of us a lay fee die, and the sheriff, or our bailiffs,
show our letters patent of summons for debt which the dead man die owe to us, it
shall be lawful for the sheriff or our bailiff to attach and register the
chattels of the dead, found upon his lay fee, to the amount of the debt, by the
view of lawful men, so as nothing be removed until our whole clear debt be paid;
and the rest shall be left to the executors to fulfil the testament of the dead;
and if there be nothing due from his to us, all the chattels shall go to the use
of the dead, saving to his wife and children their reasonable shares.
27. If any freemen shall die intestate, his chattels shall be distributed by the
hands of his nearest relations and friends, by view of the Ch--ch, saving to
every one his debts which the deceased owed to him.
28. No constable or bailiff of ours shall take corn or other chattels of any man
unless he presently give him money for it, or hath respite of payment by the
good-will of the seller.
29. No constable shall distrain any knight to give money for castle-guard, if he
himself will do it in his person, or by another able man, in case he cannot do
it through any reasonable cause. And if we have carried or sent him into the
army, he shall be free from such guard for the time he shall be in the army by
our command.
30. No sheriff or bailiff of ours, or any other, shall take horses or carts of
any freeman for carriage, without the assent of the said freeman.
31. Neither shall we nor our bailiffs take any man's timber for our castles or
other uses, unless by the consent of the owner of the timber.
32. We will retain the lands of those convicted of felony only one year and a
day, and then they shall be delivered to the L--d of the fee.
33. All kydells (wears) for the time to come shall be put down the rivers of
Thames and Medway, and throughout all England, except upon the sea-coast.
34. The writ which is called praecipe, for the future, shall not be made out to
any one, of any tenement, whereby a freeman may lose his court.
35. There shall be one measure of wine and one of ale through our whole realm;
and one measure of corn, that is to say, the London quarter; and one breadth of
dyed cloth, and russets, and haberjeets, that is to say, two ells within the
lists; and it shall be of weights as it is of measures.
36. NOTHING FROM HENCEFORTH SHALL BE GIVEN OR TAKEN FOR A WRIT OF INQUISTION OF
LIFE OR LIMB, BUT IT SHALL BE GRANTED FREELY, AND NOT DENIED.
37. If any do hold of us by fee-farm, or by socage, or by burgage, and he hold
also lands of any other by knight's service, we will not have the custody of the
heir of land, which is holden of another man's fee by reason of the fee-farm,
socage, or burgage; neither will we have the custody of the fee-farm, or socage,
or burgage, unless a knight's service was due to us out of the same fee-farm. We
will not have the custody of an heir, nor of any land which he holds of another
by knight's service, by reason of any petty serjeanty by which he holds of us,
by the service of paying a knife, an arrow, or the like.
38. No bailiff from henceforth shall put any man to his law upon his own bare
saying, without credible witnesses to prove it.
39. NO FREEMAN SHALL BE TAKEN OR IMPRISONED, OR DISSEISED, OR OUTLAWED, OR
BANISHED, OR ANY WAYS DESTROYED, NOR WILL WE PASS UPON HIM, NOR WILL WE SEND
UPON HIM, UNLESS BY THE LAWFUL JUDGMENT OF HIS PEERS, OR BY THE LAW OF THE LAND.
40. WE WILL SELL TO NO MAN, WE WILL NOT DENY TO ANY MAN, EITHER JUSTICE OR
RIGHT.
41. All merchants shall have safe and secure conduct, to go out of, and to come
into England, and to stay there and to pass as well by land as by water, for
buying and selling by the ancient and allowed customs, without any unjust tolls;
except in time of war, or when they are of any nation at war with us. And if
there be found any such in our land, in the beginning of the war, they shall be
attached, without damage to their bodies or goods, until it be known unto us, or
our chief justiciary, how our merchants be treated in the nation at war with us;
and if ours be safe there, the others shall be safe in our dominions.
42. It shall be lawful, for the time to come, for any one to go out of our
kingdom, and return safely and securely by land or by water, saving his
allegiance to us; unless in time of war, by some short space, for the common
benefit of the realm, except prisoners and outlaws, according to the law of the
land, and people in war with us, and merchants who shall be treated as is above
mentioned.
43. If any man hold of any escheat, as of the honour of Wallingford, Nottingham,
Boulogne, Lancaster, or of other escheats which be in our hands, and are
baronies, and die, his heir shall give no other relief, and perform no other
service to us than he would to the baron, if it were in the baron's hand; and we
will hold it after the same manner as the baron held it.
44. Those men who dwell without the forest from henceforth shall not come before
our justiciaries of the forest, upon common summons, but such as are impleaded,
or are sureties for any that are attached for something concerning the forest.
45. We will not make any justices, constables, sheriffs, or bailiffs, but of
such as know the law of the realm and mean duly to observe it.
46. All barons who have founded abbeys, which they hold by charter from the
kings of England, or by ancient tenure, shall have the keeping of them, when
vacant, as they ought to have.
47. All forests that have been made forests in our time shall forthwith be
disforested; and the same shall be done with the water-banks that have been
fenced in by us in our time.
48. All evil customs concerning forests, warrens, foresters, and warreners,
sheriffs and their officers, water-banks and their keepers, shall forthwith be
inquired into in each county, by twelve sworn knights of the same county, chosen
by creditable persons of the same county; and within forty days after the said
inquest be utterly abolished, so as never to be restored: so as we are first
acquainted therewith, or our justiciary, if we should not be in England.
49. We will immediately give up all hostages and charters delivered unto us by
our English subjects, as securities for their keeping the peace, and yielding us
faithful service.
50. We will entirely remove from their bailiwicks the relations of Gerard de
Atheyes, so that for the future they shall have no bailiwick in England; we will
also remove Engelard de Cygony, Andrew, Peter, and Gyon, from the Chancery; Gyon
de Cygony, Geoffrey de Martyn, and his brothers; Philip Mark, and his brothers,
and his nephew, Geoffrey, and their whole retinue.
51. As soon as peace is restored, we will send out of the kingdom all foreign
knights, cross-bowmen, and stipendiaries, who are come with horses and arms to
the molestation of our people.
52. If any one has been dispossessed or deprived by us, without the lawful
judgment of his peers, of his lands, castles, liberties, or right, we will
forthwith restore them to him; and if any dispute arise upon this head, let the
matter be decided by the five-and-twenty barons hereafter mentioned, for the
preservation of the peace. And for all those things of which any person has,
without the lawful judgment of his peers, been dispossessed or deprived, either
by our father King Henry, or our brother King Richard, and which we have in our
hands, or are possessed by others, and we are bound to warrant and make good, we
shall have a respite till the term usually allowed the crusaders; excepting
those things about which there is a plea depending, or whereof an inquest hat
been made, by our order before we undertook the crusade; but as soon as we
return from our expedition, or if perchance we tarry at home and do not make our
expedition, we will immediately cause full justice to be administered therein.
53. The same respite we shall have, and in the same manner, about administering
justice, disafforesting or letting continue the forests, which Henry our father,
and our brother Richard, have afforested; and the same concerning the wardship
of the lands which are in another's fee, but the wardship of which we have
hitherto had, by reason of a fee held of us by knight's service; and for the
abbeys founded in any other fee than our own, in which the L--d of the fee says
he has a right; and when we return from our expedition, or if we tarry at home,
and do not make our expedition, we will immediately do full justice to all the
complainants in this behalf.
54. No man shall be taken or imprisoned upon the appeal of a woman, for the
death of any other than her husband.
55. All unjust and illegal fines made by us, and all amerciaments imposed
unjustly and contrary to the law of the land, shall be entirely given up, or
else be left to the decision of the five-and-twenty barons hereafter mentioned
for the preservation of the peace, or of the major part of them, together with
the aforesaid Stephen, Archbishop of Canterbury, if he can be present, and
others whom he shall think fit to invite; and if he cannot be present, the
business shall notwithstanding go on without him; but so that if one or more of
the aforesaid five-and-twenty barons be plaintiffs in the same cause, they shall
be set aside as to what concerns this particular affair, and others be chosen in
their room, out of the said five-and-twenty, and sworn by the rest to decide the
matter.
56. If we have disseised or dispossessed the Welsh of any lands, liberties, or
other things, without the legal judgment of their peers, either in England or in
Wales, they shall be immediately restored to them; and if any dispute arise upon
this head, the matter shall be determined in the Marches by the judgment of
their peers; for tenements in Wales according to the law of England, for
tenements in Wales according to the law of Wales, for tenements of the Marches
according to the law of the Marches: the same shall the Welsh do to us and our
subjects.
57. As for all those things of which a Welshman hath, without the lawful
judgment of his peers, been disseised or deprived of by King Henry our father,
or our brother King Richard, and which we either have in our hands or others are
possessed of, and we are obliged to warrant it, we shall have a respite till the
time generally allowed the crusaders; excepting those things about which a suit
is depending, or whereof an inquest has been made by our order, before we
undertook the crusade; but when we return, or if we stay at home without
performing our expedition, we will immediately do them full justice, according
to the laws of the Welsh and of the parts before mentioned.
58. We will without delay dismiss the son of Llewellin, and all the Welsh
hostages, and release them from the engagements they have entered into with us
for the preservation of the peace.
59. We will treat with Alexander, King of Scots, concerning the restoring his
sisters and hostages, and his right and liberties, in the same form and manner
as we shall do the rest of our barons of England; unless by the charters which
we have from his father, William, late King of Scots, it ought to be otherwise;
and this shall be left to the determination of his peers in our court.
60. All the aforesaid customs and liberties, which we have granted to be holden
in our kingdom, as much as it belongs to us, all people of our kingdom, as well
clergy as laity, shall observe, as far as they are concerned, towards their
dependents.
61. And whereas, for the honour of G-d and the amendment of our kingdom, and for
the better quieting the discord that has arisen between us and our barons, we
have granted all these things aforesaid; willing to render them firm and
lasting, we do give and grant our subjects the underwritten security, namely
that the barons may choose five-and-twenty barons of the kingdom, whom they
think convenient; who shall take care, with all their might, to hold and
observe, and cause to be observed, the peace and liberties we have granted them,
and by this our present Charter confirmed in this manner; that is to say, that
if we, our justiciary, our bailiffs, or any of our officers, shall in any
circumstance have failed in the performance of them towards any person, or shall
have broken through any of theses articles of peace and security, and the
offence be notified to four barons chosen out of the five-and-twenty before
mentioned, the said four barons shall repair to us, or our justiciary, if we are
out of the realm, and, laying open the grievance, shall petition to have it
redressed without delay: and if it be not redressed by us, or if we should
chance to be out of the realm, if it should not be redressed by our justiciary
within forty days, reckoning from the time it has been notified to us, or to our
justiciary (if we should be out of the realm), the four barons aforesaid shall
lay the cause before the rest of the five-and-twenty barons; and the said
five-and-twenty barons, together with the community of the whole kingdom, shall
distrain and distress us in all the ways in which they shall be able, by seizing
our castles, lands, possessions, and in any other manner they can, till the
grievance is redressed, according to their pleasure; saving harmless our own
persona, and the persons or our Queen and children; and when it is redressed,
they shall behave to us as before. And any person whatsoever in the kingdom may
swear that he will obey the orders of the five-and-twenty barons aforesaid in
the execution of the premises, and will distress us, jointly with them, to the
utmost of his power; and we give public and free liberty to any one that shall
please to swear to this, and never will hinder any person from taking the same
oath.
62. As for all those of our subjects who will not, of their own accord, swear to
join the five-and-twenty barons in distraining and distressing us, we will issue
orders to make them take the same oath as aforesaid. And if any one of the
five-and-twenty barons dies, or goes out of the kingdom, or is hindered any
other way from carrying the things aforesaid into execution, the rest of the
said five-and-twenty barons may choose another in his room, at their discretion,
who shall be sworn in like manner as the rest. In all things that are committed
to the execution of these five-and-twenty barons, if, when they are all
assembled together, they should happen to disagree about any matter, and some of
them, when summoned, will not or cannot come, whatever is agreed upon, or
enjoined, by the major part of those that are present shall be reputed as firm
and valid as if all the five-and-twenty had given their consent; and the
aforesaid five-and-twenty shall swear that all the premises they shall
faithfully observe, and cause with all their power to be observed. And we will
procure nothing from any one, by ourselves nor by another, whereby any of these
concessions and liberties may be revoked or lessened; and if any such thing
shall have been obtained, let it be null and void; neither will we ever make use
of it either by ourselves of any other. And all the ill-will, indignations, and
rancours that have arisen between us and our subjects, of the clergy and laity,
from the first breaking out of the dissensions between us, we do fully remit and
forgive: moreover, all trespasses occasioned by the said dissensions, from
Easter in the sixteenth year of our reign till the restoration of peace and
tranquillity, we hereby entirely remit to all, both clergy and laity, and as far
as in us lies do fully forgive. We have, moreover, cause to be made for them the
letters patent testimonial of Stephen, L--d Archbishop of Canterbury, Henry,
L--d Archbishop of Dublin, and the bishops aforesaid, as also of Master Pandulph,
for the security and concessions aforesaid.
63. Wherefore we will and firmly enjoin, that the Ch--ch of England be free, and
that all men in our kingdom have and hold all the aforesaid liberties, rights,
and concessions, truly and peaceably, freely and quietly, fully and wholly to
themselves and their heirs, of us and our heirs, in all things and places, for
ever, as is aforesaid. It is also sworn, as well on our part as on the part of
the barons, that all the things aforesaid shall be observed in good faith, and
without evil subtilty. Given under our hand, in the presence of the witnesses
above named, and many others, in the meadow called Runingmede, between Windsor
and Staines, the 15th day of June, in the 17th year of our reign.
Notice: Hawke only included this information as a reference and resource of information. Hawke does not agree with everything written within this document. There are points included in the Magna Charta that are clearly Anti-Semitic, specifically points 10 and 11. I do not agree with this at all! We are all created in the image of Elohim!
And
Elohim created man in his own image, in the image of Elohim created he him; male
and female created he them. Genesis 1:27