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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.
one. 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.
two. 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 £100; the
heir or heirs of a baron, £100 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.
three. 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.
four. 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.
five. 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.
six. Heirs shall be married
without disparagement, yet so that before the marriage takes
place the nearest in blood to that heir shall have notice.
seven. 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.
eight. 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.
nine. 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.
ten. 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.
eleven. 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.
twelve. No scutage nor 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.
thirteen. 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.
fourteen. 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.
fifteen. 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.
sixteen. 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.
seventeen. Common pleas
shall not follow our court, but shall be held in some fixed
place.
eighteen. 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.
nineteen. 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.
twenty. 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.
twenty-one. Earls and barons shall not be
amerced
except through their peers, and only in accordance with the
degree of the offense.
twenty-two. 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.
twenty-three. 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.
twenty-four. No sheriff, constable, coroners,
or others
of our bailiffs, shall hold pleas of our Crown
twenty-five. All counties, hundred,
wapentakes, and trithings
(except our demesne manors) shall remain at the old rents, and
without any additional payment.
twenty-six 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.
twenty-seven. 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.
twenty-eight. 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.
twenty-nine. 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.
thirty. 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.
thirty-one. 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.
thirty-two 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.
thirty-three. All kydells for the future shall
be removed
altogether from Thames and Medway, and throughout all England,
except upon the seashore.
thirty-four. 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.
thirty-five. 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.
thirty-six. 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.
thirty-seven. 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.
thirty-eight. No bailiff for the future shall,
upon his own
unsupported complaint, put anyone to his
"law", without credible witnesses brought for this purposes.
thirty-nine. 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.
fourty. To no one will we sell,
to no one will we refuse or delay, right or
justice.
fourty-one. 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.
fourty-two. 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.
fourty-three. 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.
fourty-four. 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.
fourty-five. We will appoint as justices,
constables, sheriffs, or bailiffs
only such as know the law of the realm and mean to
observe it well.
fourty-six. 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.
fourty-seven. 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.
fourty-eight. 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.
fourty-nine. We will immediately restore all
hostages and charters
delivered to us by Englishmen, as sureties of the
peace of faithful service.
fifty. 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.
fifty-one. 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.
fifty-two. 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.
fifty-three. 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.
fifty-four. No one shall be arrested or
imprisoned
upon the appeal of a woman, for the death of any
other than her husband.
fifty-five. 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.
fifty-six. 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.
fifty-seven. 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.
fifty-eight. 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.
fifty-nine. 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.
sixty. 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.
sixty-one. 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.
sixty-two. 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.
sixty-three. 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.
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