Magna Carta is often thought of as the
corner-stone of liberty and the chief defence against
arbitrary and unjust rule in England. In fact it contains
few sweeping statements of principle, but is a series of
concessions wrung from the unwilling King John by his
rebellious barons in 1215. However, Magna Carta established
for the first time a very significant constitutional
principle, namely that the power of the king could be
limited by a written grant.
King John's unsuccessful attempts to
defend his dominions in Normandy and much of western France
led to oppressive demands on his subjects. Taxes were
extortionate; reprisals against defaulters were ruthless,
and John's administration of justice was considered
capricious. In January 1215 a group of barons demanded a
charter of liberties as a safeguard against the King's
arbitrary behaviour. The barons took up arms against John
and captured London in May 1215.
By 10 June both parties met and held
negotiations at Runnymede, a meadow by the River Thames. The
concessions made by King John were outlined in a document
known as the 'Articles of the Barons', to which the King's
great seal was attached, and on 19 June the barons renewed
their oaths of allegiance to the King. Meanwhile the royal
chancery produced a formal royal grant, based on the
agreements reached at Runnymede, which became known as Magna
Carta (Latin for the 'Great Charter').
Four copies of this original grant
survive. Two,are held at the British Library while the
others can be seen in the cathedral archives at Lincoln and
Salisbury.
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.
1.
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.
2.
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 L100; the heir or heirs of a baron, L100 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.
3.
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.
4.
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.
5.
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.
6.
Heirs shall be married without disparagement, yet so that
before the marriage takes place the nearest in blood to that
heir shall have notice.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
No
scutage not 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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
Common pleas shall not follow our court, but shall be held
in some fixed place.
18.
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.
19.
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.
20.
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.
21.
Earls and barons shall not be amerced except through their
peers, and only in accordance with the degree of the
offense.
22.
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.
23.
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.
24.
No sheriff, constable, coroners, or others of our bailiffs,
shall hold pleas of our Crown.
25.
All counties, hundred, wapentakes, and trithings (except our
demesne manors) shall remain at the old rents, and without
any additional payment.
26.
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.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
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.
33.
All kydells for the future shall be removed altogether from
Thames and Medway, and throughout all England, except upon
the seashore.
34.
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.
35.
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.
36.
Nothing in future shall be given or taken for awrit of
inquisition of life or limbs, but freely it shall be
granted, and never denied.
37.
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.
38.
No bailiff for the future shall, upon his own unsupported
complaint, put anyone to his "law", without credible
witnesses brought for this purposes.
39.
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.
40.
To no one will we sell, to no one will we refuse or delay,
right or justice.
41.
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.
42.
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.
43.
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.
44.
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.
45.
We will appoint as justices, constables, sheriffs, or
bailiffs only such as know the law of the realm and mean to
observe it well.
46.
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.
47.
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.
48.
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.
49.
We will immediately restore all hostages and charters
delivered to us by Englishmen, as sureties of the peace of
faithful service.
50.
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.
51.
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.
52.
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.
53.
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.
54.
No one shall be arrested or imprisoned upon the appeal of a
woman, for the death of any other than her husband.
55.
All fines made with us unjustly and against the law of the
land, and all amercements, imposed unjustly and against the
law of the land, shall be entirely remitted, or else 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.
56.
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.
57.
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.
58.
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.
59.
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.
60.
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 by all
of our kingdom, as well clergy as laymen, as far as pertains
to them towards their men.
61.
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.
62.
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.
63.
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 part 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.
