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.