JOHN,
by the grace of God King of England, Lord of Ireland, Duke
of Normandy and Aquitaine,
and Count of Anjou, to his archbishops, bishops, abbots, earls,
barons, justices, foresters, sheriffs, stewards, servants,
and to all his officials and loyal subjects, Greeting.
KNOW
THAT BEFORE GOD, for the health of our soul and those of our
ancestors and heirs, to the honour
of God, the exaltation of the holy Church,
and the better ordering of our kingdom, at the advice of our reverend
fathers Stephen, archbishop of Canterbury, primate of all England,
and cardinal of the holy Roman Church, Henry archbishop of Dublin,
William bishop of London, Peter bishop of Winchester, Jocelin bishop
of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester,
William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf
subdeacon and member of the papal household, Brother Aymeric master
of the knighthood of the Temple in England, William Marshal earl of
Pembroke, William earl of Salisbury, William earl of Warren, William
earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz
Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh
de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip
Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other
loyal subjects:
(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter
have confirmed for us and our heirs in perpetuity, that the English
Church shall be free, and shall have its rights undiminished, and its
liberties unimpaired. That we wish this so to be observed, appears
from the fact that of our own free will, before the outbreak of the
present dispute between us and our barons, we granted and confirmed
by charter the freedom of the Church's elections - a right reckoned
to be of the greatest necessity and importance to it - and caused this
to be confirmed by Pope Innocent III. This freedom we shall observe
ourselves, and desire to be observed in good faith by our heirs in
perpetuity.
TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our
heirs for ever, all the liberties written out below, to have and to
keep for them and their heirs, of us and our heirs:
(2) If any earl, baron, or other person that holds lands directly of
the Crown, for military service, shall die, and at his death his heir
shall be of full age and owe a 'relief', the heir shall have his inheritance
on payment of the ancient scale of 'relief'. That is to say, the heir
or heirs of an earl shall pay ?’100 for the entire earl's barony,
the heir or heirs of a knight l00s. at most for the entire knight's
'fee', and any man that owes less shall pay less, in accordance with
the ancient usage of 'fees'
(3) But if the heir of such a person is under age and a ward, when
he comes of age he shall have his inheritance without 'relief' or fine.
(4) The guardian of the land of an heir who is under age shall take
from it only reasonable revenues, customary dues, and feudal services.
He shall do this without destruction or damage to men or property.
If we have given the guardianship of the land to a sheriff, or to any
person answerable to us for the revenues, and he commits destruction
or damage, we will exact compensation from him, and the land shall
be entrusted to two worthy and prudent men of the same 'fee', who shall
be answerable to us for the revenues, or to the person to whom we have
assigned them. If we have given or sold to anyone the guardianship
of such land, and he causes destruction or damage, he shall lose the
guardianship of it, and it shall be handed over to two worthy and prudent
men of the same 'fee', who shall be similarly answerable to us.
(5) For so long as a guardian has guardianship of such land, he shall
maintain the houses, parks, fish preserves, ponds, mills, and everything
else pertaining to it, from the revenues of the land itself. When the
heir comes of age, he shall restore the whole land to him, stocked
with plough teams and such implements of husbandry as the season demands
and the revenues from the land can reasonably bear.
(6) Heirs may be given in marriage, but not to someone of lower social
standing. Before a marriage takes place, it shall be' made known to
the heir's next-of-kin.
(7) At her husband's death, a widow may have her marriage portion and
inheritance at once and without trouble. She shall pay nothing for
her dower, marriage portion, or any inheritance that she and her husband
held jointly on the day of his death. She may remain in her husband's
house for forty days after his death, and within this period her dower
shall be assigned to her.
(8) No widow shall be compelled to marry, so long as she wishes to
remain without a husband. But she must give security that she will
not marry without royal consent, if she holds her lands of the Crown,
or without the consent of whatever other lord she may hold them of.
(9) Neither we nor our officials will seize any land or rent in payment
of a debt, so long as the debtor has movable goods sufficient to discharge
the debt. A debtor's sureties shall not be distrained upon so long
as the debtor himself can discharge his debt. If, for lack of means,
the debtor is unable to discharge his debt, his sureties shall be answerable
for it. If they so desire, they may have the debtor's lands and rents
until they have received satisfaction for the debt that they paid for
him, unless the debtor can show that he has settled his obligations
to them.
(10) If anyone who has borrowed a sum of money from Jews dies before
the debt has been repaid, his heir shall pay no interest on the debt
for so long as he remains under age, irrespective of whom he holds
his lands. If such a debt falls into the hands of the Crown, it will
take nothing except the principal sum specified in the bond.
(11) If a man dies owing money to Jews, his wife may have her dower
and pay nothing towards the debt from it. If he leaves children that
are under age, their needs may also be provided for on a scale appropriate
to the size of his holding of lands. The debt is to be paid out of
the residue, reserving the service due to his feudal lords. Debts owed
to persons other than Jews are to be dealt with similarly.
(12) No 'scutage' or 'aid' may be levied in our kingdom without its
general consent, unless it is for the ransom of our person, to make
our eldest son a knight, and (once) to marry our eldest daughter. For
these purposes ouly a reasonable 'aid' may be levied. 'Aids' from the
city of London are to be treated similarly.
(13) The city of London shall enjoy all its ancient liberties and free
customs, both by land and by water. We also will and grant that all
other cities, boroughs, towns, and ports shall enjoy all their liberties
and free customs.
(14) To obtain the general consent of the realm for the assessment
of an 'aid' - except in the three cases specified above - or a 'scutage',
we will cause the archbishops, bishops, abbots, earls, and greater
barons to be summoned individually by letter. To those who hold lands
directly of us we will cause a general summons to be issued, through
the sheriffs and other officials, to come together on a fixed day (of
which at least forty days notice shall be given) and at a fixed place.
In all letters of summons, the cause of the summons will be stated.
When a summons has been issued, the business appointed for the day
shall go forward in accordance with the resolution of those present,
even if not all those who were summoned have appeared.
(15) In future we will allow no one to levy an 'aid' from his free
men, except to ransom his person, to make his eldest son a knight,
and (once) to marry his eldest daughter. For these purposes only a
reasonable 'aid' may be levied.
(16) No man shall be forced to perform more service for a knight's
'fee', or other free holding of land, than is due from it.
(17) Ordinary lawsuits shall not follow the royal court around, but
shall be held in a fixed place.
(18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment
shall be taken only in their proper county court. We ourselves, or
in our absence abroad our chief justice, will send two justices to
each county four times a year, and these justices, with four knights
of the county elected by the county itself, shall hold the assizes
in the county court, on the day and in the place where the court meets.
(19) If any assizes cannot be taken on the day of the county court,
as many knights and freeholders shall afterwards remain behind, of
those who have attended the court, as will suffice for the administration
of justice, having regard to the volume of business to be done.
(20) For a trivial offence, a free man shall be fined only in proportion
to the degree of his offence, and for a serious offence correspondingly,
but not so heavily as to deprive him of his livelihood. In the same
way, a merchant shall be spared his merchandise, and a husbandman the
implements of his husbandry, if they fall upon the mercy of a royal
court. None of these fines shall be imposed except by the assessment
on oath of reputable men of the neighbourhood.
(21) Earls and barons shall be fined only by their equals, and in proportion
to the gravity of their offence.
(22) A fine imposed upon the lay property of a clerk in holy orders
shall be assessed upon the same principles, without reference to the
value of his ecclesiastical benefice.
(23) No town or person shall be forced to build bridges over rivers
except those with an ancient obligation to do so.
(24) No sheriff, constable, coroners, or other royal officials are
to hold lawsuits that should be held by the royal justices.
(25) Every county, hundred, wapentake, and tithing shall remain at
its ancient rent, without increase, except the royal demesne manors.
(26) If at the death of a man who holds a lay 'fee' of the Crown, a
sheriff or royal official produces royal letters patent of summons
for a debt due to the Crown, it shall be lawful for them to seize and
list movable goods found in the lay 'fee' of the dead man to the value
of the debt, as assessed by worthy men. Nothing shall be removed until
the whole debt is paid, when the residue shall be given over to the
executors to carry out the dead man s will. If no debt is due to the
Crown, all the movable goods shall be regarded as the property of the
dead man, except the reasonable shares of his wife and children.
(27) If a free man dies intestate, his movable goods are to be distributed
by his next-of-kin and friends, under the supervision of the Church.
The rights of his debtors are to be preserved.
(28) No constable or other royal official shall take corn or other
movable goods from any man without immediate payment, unless the seller
voluntarily offers postponement of this.
(29) No constable may compel a knight to pay money for castle-guard
if the knight is willing to undertake the guard in person, or with
reasonable excuse to supply some other fit man to do it. A knight taken
or sent on military service shall be excused from castle-guard for
the period of this servlce.
(30) No sheriff, royal official, or other person shall take horses
or carts for transport from any free man, without his consent.
(31) Neither we nor any royal official will take wood for our castle,
or for any other purpose, without the consent of the owner.
(32) We will not keep the lands of people convicted of felony in our
hand for longer than a year and a day, after which they shall be returned
to the lords of the 'fees' concerned.
(33) All fish-weirs shall be removed from the Thames, the Medway, and
throughout the whole of England, except on the sea coast.
(34) The writ called precipe shall not in future be issued to anyone
in respect of any holding of land, if a free man could thereby be deprived
of the right of trial in his own lord's court.
(35) There shall be standard measures of wine, ale, and corn (the London
quarter), throughout the kingdom. There shall also be a standard width
of dyed cloth, russett, and haberject, namely two ells within the selvedges.
Weights are to be standardised similarly.
(36) In future nothing shall be paid or accepted for the issue of a
writ of inquisition of life or limbs. It shall be given gratis, and
not refused.
(37) If a man holds land of the Crown by 'fee-farm', 'socage', or 'burgage',
and also holds land of someone else for knight's service, we will not
have guardianship of his heir, nor of the land that belongs to the
other person's 'fee', by virtue of the 'fee-farm', 'socage', or 'burgage',
unless the 'fee-farm' owes knight's service. We will not have the guardianship
of a man's heir, or of land that he holds of someone else, by reason
of any small property that he may hold of the Crown for a service of
knives, arrows, or the like.
(38) In future no official shall place a man on trial upon his own
unsupported statement, without producing credible witnesses to the
truth of it.
(39) No free man shall be seized or imprisoned, or stripped of his
rights or possessions, or outlawed or exiled, or deprived of his standing
in any other way, nor will we proceed with force against him, or send
others to do so, except by the lawful judgement of his equals or by
the law of the land.
(40) To no one will we sell, to no one deny or delay right or justice.
(41) All merchants may enter or leave England unharmed and without
fear, and may stay or travel within it, by land or water, for purposes
of trade, free from all illegal exactions, in accordance with ancient
and lawful customs. This, however, does not apply in time of war to
merchants from a country that is at war with us. Any such merchants
found in our country at the outbreak of war shall be detained without
injury to their persons or property, until we or our chief justice
have discovered how our own merchants are being treated in the country
at war with us. If our own merchants are safe they shall be safe too.
(42) In future it shall be lawful for any man to leave and return to
our kingdom unharmed and without fear, by land or water, preserving
his allegiance to us, except in time of war, for some short period,
for the common benefit of the realm. People that have been imprisoned
or outlawed in accordance with the law of the land, people from a country
that is at war with us, and merchants - who shall be dealt with as
stated above - are excepted from this provision.
(43) If a man holds lands of any 'escheat' such as the 'honour' of
Wallingford, Nottingham, Boulogne, Lancaster, or of other 'escheats'
in our hand that are baronies, at his death his heir shall give us
only the 'relief' and service that he would have made to the baron,
had the barony been in the baron's hand. We will hold the 'escheat'
in the same manner as the baron held it.
(44) People who live outside the forest need not in future appear before
the royal justices of the forest in answer to general summonses, unless
they are actually involved in proceedings or are sureties for someone
who has been seized for a forest offence.
(45) We will appoint as justices, constables, sheriffs, or other officials,
only men that know the law of the realm and are minded to keep it well.
(46) All barons who have founded abbeys, and have charters of English
kings or ancient tenure as evidence of this, may have guardianship
of them when there is no abbot, as is their due.
(47) All forests that have been created in our reign shall at once
be disafforested. River-banks that have been enclosed in our reign
shall be treated similarly.
(48) All evil customs relating to forests and warrens, foresters, warreners,
sheriffs and their servants, or river-banks and their wardens, are
at once to be investigated in every county by twelve sworn knights
of the county, and within forty days of their enquiry the evil customs
are to be abolished completely and irrevocably. But we, or our chief
justice if we are not in England, are first to be informed.
(49) We will at once return all hostages and charters delivered up
to us by Englishmen as security for peace or for loyal service.
(50) We will remove completely from their offices the kinsmen of Gerard
de Ath?te, and in future they shall hold no offices in England. The
people in question are Engelard de Cigogn?t', Peter, Guy, and Andrew
de Chanceaux, Guy de Cigogn?t, Geoffrey de Martigny and his brothers,
Philip Marc and his brothers, with Geoffrey his nephew, and all their
followers.
(51) As soon as peace is restored, we will remove from the kingdom
all the foreign knights, bowmen, their attendants, and the mercenaries
that have come to it, to its harm, with horses and arms.
(52) To any man whom we have deprived or dispossessed of lands, castles,
liberties, or rights, without the lawful judgement of his equals, we
will at once restore these. In cases of dispute the matter shall be
resolved by the judgement of the twenty-five barons referred to below
in the clause for securing the peace (fl 61). In cases, however, where
a man was deprived or dispossessed of something without the lawful
judgement of his equals by our father King Henry or our brother King
Richard, and it remains in our hands or is held by others under our
warranty, we shall have respite for the period commonly allowed to
Crusaders, unless a lawsuit had been begun, or an enquiry had been
made at our order, before we took the Cross as a Crusader. On our return
from the Crusade, or if we abandon it, we will at once render justice
in full.
(53) We shall have similar respite in rendering justice in connexion
with forests that are to be disafforested, or to remain forests, when
these were first a-orested by our father Henry or our brother Richard;
with the guardianship of lands in another person's 'fee', when we have
hitherto had this by virtue of a 'fee' held of us for knight's service
by a third party; and with abbeys founded in another person's 'fee',
in which the lord of the 'fee' claims to own a right. On our return
from the Crusade, or if we abandon it, we will at once do full justice
to complaints about these matters.
(54) No one shall be arrested or imprisoned on the appeal of a woman
for the death of any person except her husband.
(55) All fines that have been given to us unjustiy and against the
law of the land, and all fines that we have exacted unjustly, shall
be entirely remitted or the matter decided by a majority judgement
of the twenty-five barons referred to below in the clause for securing
the peace (fl 61) together with Stephen, archbishop of Canterbury,
if he can be present, and such others as he wishes to bring with him.
If the archbishop cannot be present, proceedings shall continue without
him, provided that if any of the twenty-five barons has been involved
in a similar suit himself, his judgement shall be set aside, and someone
else chosen and sworn in his place, as a substitute for the single
occasion, by the rest of the twenty-five.
(56) If we have deprived or dispossessed any Welshmen of lands, liberties,
or anything else in England or in Wales, without the lawful judgement
of their equals, these are at once to be returned to them. A dispute
on this point shall be determined in the Marches by the judgement of
equals. English law shall apply to holdings of land in England, Welsh
law to those in Wales, and the law of the Marches to those in the Marches.
The Welsh shall treat us and ours in the same way.
(57) In cases where a Welshman was deprived or dispossessed of anything,
without the lawful judgement of his equals, by our father King Henry
or our brother King Richard, and it remains in our hands or is held
by others under our warranty, we shall have respite for the period
commonly allowed to Crusaders, unless a lawsuit had been begun, or
an enquiry had been made at our order, before we took the Cross as
a Crusader. But on our return from the Crusade, or if we abandon it,
we will at once do full justice according to the laws of Wales and
the said regions.
(58) We will at once return the son of Llywelyn, all Welsh hostages,
and the charters delivered to us as security for the peace.
(59) With regard to the return of the sisters and hostages of Alexander,
king of Scotland, his liberties and his rights, we will treat him in
the same way as our other barons of England, unless it appears from
the charters that we hold from his father William, formerly king of
Scotland, that he should be treated otherwise. This matter shall be
resolved by the judgement of his equals in our court.
(60) All these customs and liberties that we have granted shall be
observed in our kingdom in so far as concerns our own relations with
our subjects. Let all men of our kingdom, whether clergy or laymen,
observe them similarly in their relations with their own men.
(61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better
ordering of our kingdom, and to allay the discord that has arisen between
us and our barons, and since we desire that they shall be enjoyed in
their entirety, with lasting strength, for ever, we give and grant
to the barons the following security:
* The barons shall elect twenty-five of their number to keep, and cause
to be observed with all their might, the peace and liberties granted
and confirmed to them by this charter.
* If we, our chief justice, our officials, or any of our servants offend
in any respect against any man, or transgress any of the articles of
the peace or of this security, and the offence is made known to four
of the said twenty-five barons, they shall come to us - or in our absence
from the kingdom to the chief justice - to declare it and claim immediate
redress. If we, or in our absence abroad the chiefjustice, make no
redress within forty days, reckoning from the day on which the offence
was declared to us or to him, the four barons shall refer the matter
to the rest of the twenty-five barons, who may distrain upon and assail
us in every way possible, with the support of the whole community of
the land, by seizing our castles, lands, possessions, or anything else
saving only our own person and those of the queen and our children,
until they have secured such redress as they have determined upon.
Having secured the redress, they may then resume their normal obedience
to us.
* Any man who so desires may take an oath to obey the commands of the
twenty-five barons for the achievement of these ends, and to join with
them in assailing us to the utmost of his power. We give public and
free permission to take this oath to any man who so desires, and at
no time will we prohibit any man from taking it. Indeed, we will compel
any of our subjects who are unwilling to take it to swear it at our
command.
* If-one of the twenty-five barons dies or leaves the country, or is
prevented in any other way from discharging his duties, the rest of
them shall choose another baron in his place, at their discretion,
who shall be duly sworn in as they were.
* In the event of disagreement among the twenty-five barons on any
matter referred to them for decision, the verdict of the majority present
shall have the same validity as a unanimous verdict of the whole twenty-five,
whether these were all present or some of those summoned were unwilling
or unable to appear.
* The twenty-five barons shall swear to obey all the above articles
faithfully, and shall cause them to be obeyed by others to the best
of their power.
* We will not seek to procure from anyone, either by our own efforts
or those of a third party, anything by which any part of these concessions
or liberties might be revoked or diminished. Should such a thing be
procured, it shall be null and void and we will at no time make use
of it, either ourselves or through a third party.
(62) We have remitted and pardoned fully to all men any ill-will, hurt,
or grudges that have arisen between us and our subjects, whether clergy
or laymen, since the beginning of the dispute. We have in addition
remitted fully, and for our own part have also pardoned, to all clergy
and laymen any offences committed as a result of the said dispute between
Easter in the sixteenth year of our reign (i.e. 1215) and the restoration
of peace.
In addition we have caused letters patent to be made for the barons,
bearing witness to this security and to the concessions set out above,
over the seals of Stephen archbishop of Canterbury, Henry archbishop
of Dublin, the other bishops named above, and Master Pandulf.
(63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church
shall be free, and that men in our kingdom shall have and keep all
these liberties, rights, and concessions, well and peaceably in their
fulness and entirety for them and their heirs, of us and our heirs,
in all things and all places for ever.
Both we and the barons have sworn that all this shall be observed in
good faith and without deceit. Witness the abovementioned people and
many others.
Given by our hand in the meadow that is called Runnymede, between Windsor
and Staines, on the fifteenth day of June in the seventeenth year of
our reign (i.e. 1215: the new regnal year began on 28 May).