The great charter of english
liberty decreed by King John at Runnymede June 15, A.D. 1215
Articles Index
1 2 3 4
5 6 7 8
9 10 11 12
13 14 15 16
17 18 19 20
21 22 23 24
25 26 27 28
29 30 31 32
33 34 35 36
37 38 39 40
41 42 43 44
45 46 47 48
49 50 51 52
53 54 55 56
57 58 59 60
61 62 63
JOHN, by the grace of God, King of
England, lord of Ireland, Duke of Normandy and Aquitaine, and Count of
Anjuo:
To the archbishops, bishops, abbots,
earls, barons, justices, foresters, sheriffs, prevosts, serving men, and
to all his bailiffs and faithful subjects, Greeting. Know that we, by
the will of God and for the safety of our soul, and of the souls of all
our predecessors and our heirs, to the honor of God and for the
exaltation of the holy Church, and the bettering of our realm: by the
counsel of our venerable fathers Stephen archbishop of Canterbury,
primate of all England and cardinal of the holy Roman church; of Henry
archbishop of Dublin; of the bishops William of London, Peter of
Winchester, Jocelin of Bath and Glastonbury, Hugo of Lincoln, Walter of
Worcester, William of Coventry and Benedict of Rochester; of master
Pandulf, subdeacon and of the household of the lord pope; of brother
Aymeric, master of the knights of the Temple in England; and of the
nobel men, William Marshall earl of Pembroke, William earl of Salisbury,
William earl of Warren, William earl of Arundel, Alan de Galway
constable of Scotland, Warin son of Gerold, Peter son of Herbert, Hubert
de Burgh seneschal of Poictiers, Hugo de Neville, Matthew son of
Herbert, Thomas Basset, Alan Basset, Philip d'Aubigni, Robert de
Roppelay, John Marshall, John son of Hugo, and others of our faithful
subjects:
1. First of all have
granted to God, and, for us and for our heirs forever, have confirmed,
by this our present charter, that the English church shall be free and
shall have its rights intact and its liberties uninfringed upon. And
thus we will that it be observed. As is apparent from the fact that we,
spontaneously and of our own free will, before discord broke out between
ourselves and our barons, did grant and by our charter confirm--and did
cause the lord pope Innocent III, to confirm-- freedom of elections,
which is considered most important and most necessary to the church of
England. Which charter both we ourselves shall observe, and we will that
it be observed with good faith by our heirs forever. We have also
granted to all free men of our realm, on the part of ourselves and our
heirs forever, all the subjoined liberties, to have and to hold, to them
and to their heirs, from us and from our heirs:
2. If any one of our earls
or barons, or of others holding from us in chief through military
service, shall die; and if, at the time of his death, his heir be of
full age and owe a relief: he shall have his inheritance by paying the
old relief;--the heir, namely, or the heirs of an earl, by paying one
hundred pounds for the whole barony of an earl; the heir or heirs of a
baron, by paying one hundred pounds for the whole barony; the heir or
heirs of a knight, by paying one hundred shillings at most for a whole
knight's fee; and he who shall owe less shall give less, according to
the ancient custom of fees.
3. But if the heir of
any of the above persons shall be under age and in wardship,--when he
comes of age he shall have his inheritance without relief and without
fine.
4. The administrator of the
land of such heir who shall be under age shall take none but reasonable
issues from the land of the heir, and reasonable customs and services;
and this without destruction and waste of men or goods. And if we shall
have committed the custody of any such land to the sheriff or to any
other man who ought to be responsible to us for the issues of it, and he
cause destruction or waste to what is in his charge: we will fine him,
and the land shall be handed over to two lawful and discreet men of that
fee who shall answer to us, or to him to whom we shall have referred
them, regarding those issues. And if we shall have given or sold to any
one the custody of any such land, and he shall have caused destruction
or waste to it,--he shall lose that custody, and it shall be given to
two lawful and discreet men of that fee, who likewise shall answer to
us, as has been explained.
5. The administrator,
moreover, so long as he may have the custody of the land, shall keep in
order, from the issues of that land, the houses, parks, warrens, lakes,
mills, and other things pertaining to it. And he shall restore to the
heir when he comes to full age, his whole land stocked with ploughs and
wainnages, according as the time of the wainnage requires and the issues
of the land will reasonably permit.
6. Heirs may marry without
disparagement; so, nevertheless, that, before the marriage is
contracted, it shall be announced to the relations by blood of the heir
himself.
7. A widow, after the death
of her husband, shall straightway, and without difficulty, have her
marriage portion and her inheritance, nor shall she give any thing in
return for her dowry, her marriage portion, or the inheritance which
belonged to her, and which she and her husband held on the day of the
death of that husband. And she may remain in the house of her husband,
after his death, for forty days; within which her dowry shall be paid
over to her.
8. No widow shall be forced
to marry when she prefers to live without a husband; so, however, that
she gives security not to marry without our consent, if she hold from
us, or the consent of the lord from whom she holds, if she hold from
another.
9. Neither we nor our
bailiffs shall seize any revenue for any debt, so long as the chattels
of the debtor suffice to pay the debt; nor shall the sponsors of that
debtor be distrained so long as the chief debtor has enough to pay the
debt. But if the chief debtor fail in paying the debt, not having the
wherewithal to pay it, the sponsors shall answer for the debt. And, if
they shall wish, they may have the lands and revenues of the debtor
until satisfaction shall have been given them for the debt previously
paid for him; unless the chief debtor shall show that he is quit in that
respect towards those same sponsors.
10. If any one shall have
taken any sum, great or small, as a loan from the money-lenders, and
shall die before that debt is paid,--that debt shall not bear interest
so long as the heir, from whomever he may hold, shall be under age. And
if the debt fall into our hands, we shall take nothing save the chattel
contained in the deed.
11. And if any one dies
owing a debt to the money-lenders, his wife shall have her dowry, and
shall restore nothing of that debt. But if there shall remain children
of that dead man, and they shall be under age, the necessaries shall be
provided for them according to the nature of the dead man's holding; and
from the residue, the debt shall be paid, saving the service due to the
lords. In like manner shall be done concerning debts that are due to
others besides money-lenders.
12. No scutage or aid
shall be imposed in our realm unless by the common counsel of our realm;
except for redeeming our body, and knighting our eldest son, and
marrying once our eldest daughter. And for these purposes there shall
only be given a reasonable aid. In like manner shall be done concerning
the aids of the city of London.
13. And the city of London
shall have all its old liberties and free customs as well by land as by
water. Moreover we will and grant that other cities and burroughs, and
town and ports, shall have all their liberties and free customs.
14. And, in order to have
the common counsel of the realm in the matter of assessing an aid
otherwise than in the aforesaid cases, or of assessing a scutage--we
shall cause, under seal through our letters, the archbishops, bishops,
abbots, earls, and greater barons to be summoned for a fixed day--for a
term, namely, at least forty days distant,--and for a fixed place. And,
moreover, we shall cause to be summoned in general, through our sheriffs
and bailiffs, all those who hold of us in chief. And in all those
letters of summons we shall express the cause of the summons. And when a
summons has thus been made, the business shall be proceeded with on the
day appointed according to the counsel of those who shall be present,
even though not all shall come who were summoned.
15. We will not allow any
one henceforth to take an aid from his freemen save for the redemption
of his body, and the knighting of his eldest son, and the marrying,
once, of his eldest daughter; and, for these purposes, there shall only
be given a reasonable aid.
16. No one shall be forced
to do more service for a knight's fee, or for another free holding, than
is due from it.
17. Common pleas shall not
follow our court but shall be held in a certain fixed place.
18. Assizes of novel
disseisin, of mort d'ancestor, and of darrein presentment shall not be
held save in their own counties, and in this way: We, or our chief
justice, if we shall be absent from the kingdom, shall send two justices
through each county four times a year; they, with four knights from each
county, chosen by the county, shall hold the aforesaid assizes in the
county, and on the day and at the place of the county court.
19. And if on the day of
the county court the aforesaid assizes can not be held, a sufficient
number of knights and free tenants, from those who were present at the
county court on that day, shall remain, so that through them the
judgments may be suitably given, according as the matter may have been
great or small.
20. A freeman shall only
be amerced for a small offence according to the measure of that offence.
And for a great offence he shall be amerced according to the magnitude
of the offence, saving his contenement; and a merchant, in the same way,
saving his merchandize. And a villein, in the same way, if he fall under
our mercy, shall be amerced saving his wainnage. And none of the
aforesaid fines shall be imposed save upon oath of upright men from the
neighbourhood.
21. Earls and barons shall
not be amerced save through their peers, and only according to the
measure of the offence.
22. No clerk shall be
amerced for his lay tenement except according to the manner of the other
persons aforesaid; and not according to the amount of his ecclesiastical
benefice.
23. Neither a town nor a
man shall be forced to make bridges over the rivers, with the exception
of those who, from of old and of right ought to do it.
24. No sheriff, constable,
coroners, or other bailiffs of ours shall hold the pleas of our crown.
25. All counties,
hundreds, wapentakes, and trithings--our demensne manors being
excepted--shall continue according to the old farms, without any
increase at all.
26. If any one holding
from us a lay fee shall die, and our sheriff or bailiff can show our
letters patent containing our summons for the debt which the dead man
owed to us,--our sheriff or bailiff may be allowed to attach and enroll
the chattels of the dead man to the value of that debt, through view of
lawful men; in such way, however, that nothing shall be removed thence
until the debt is paid which was plainly owed to us. And the residue
shall be left to the executors that they may carry out the will of the
dead man. And if nothing is owed to us by him, all the chattels shall go
to the use prescribed by the deceased, saving their reasonable portions
to his wife and children.
27. If any freeman shall
have died intestate his chattels shall be distributed through the hands
of his near relatives and friends, by view of the church; saving to any
one the debts which the dead man owed him.
28. No constable or other
bailiff of ours shall take the corn or other chattels of any one except
he straightway give money for them, or can be allowed a respite in that
regard by the will of the seller.
29. No constable shall
force any knight to pay money for castleward if he be willing to perform
that ward in person, or-- he for a reasonable cause not being able to
perform it himself-- through another proper man. And if we shall have
led or sent him on a military expedition, he shall be quit of ward
according to the amount of time during which, through us, he shall have
been in military service.
30. No sheriff nor bailiff
of ours, no any one else, shall take the horses or carts of any freeman
for transport, unless by the will of that freeman.
31. Neither we nor our
bailiffs shall take another's wood for castles or for other private
uses, unless by the will of him to whom the wood belongs.
32. We shall not hold the
lands of those convicted of felony longer than a year and a day; and
then the lands shall be restored to the lords of the fiefs.
33. Henceforth all the
weirs in the Thames and Medway, and throughout all England, save on the
sea-coasts, shall be done away with entirely.
34. Henceforth the writ
which is called Praecipe shall not be served on any one for any holding
so as to cause a free man to lose his court.
35. There shall be one
measure of wine throughout our whole realm, and one measure of ale and
one measure of corn--namely, the London quart;--and one width of dyed
and resset and hauberk cloths--namely, two ells below the selvage. And
with weights, moreover, it shall be as with measures.
36. Henceforth nothing
shall be given or taken for a writ of inquest in a matter concerning
life or limb; but it shall be conceded gratis, and shall not be denied.
37. If any one hold of us
in fee-farm, or in socage, or in burkage, and hold land of another by
military service, we shall not, by reason of that fee-farm, or socage,
or burkage, have the wardship of his heir or of his land which is held
in fee from another. Nor shall we have the wardship of that fee-farm, or
socage, or burkage unless that fee-farm owe military service. We shall
not, by reason of some petit-serjeanty which some one holds of us
through the service of giving us knives or arrows or the like, have the
wardship of his heir or of the land which he holds of another by
military service.
38. No bailiff, on his own
simple assertion, shall henceforth put any one to his law, without
producing faithful witnesses in evidence.
39. No freeman shall be
taken, or imprisoned, or disseized, or outlawed, or exiled, or in any
way harmed--nor will we go upon or send upon him--save by the lawful
judgment of his peers or by the law of the land.
40. To none will we sell,
to none deny or delay, right or justice.
41. All merchants may
safely and securely go out of England, and come into England, and delay
and pass through England, as well by land as by water, for the purpose
of buying and selling, free from all evil taxes, subject to the ancient
and right customs--save in time of war, and if they are of the land at
war against us. And if such be found in our land at the beginning of the
war, they shall be held, without harm to their bodies and goods, until
it shall be known to us or our chief justice how the merchants of our
land are to be treated who shall, at that time, be found in the land at
war against us. And if ours shall be safe there, the others shall be
safe in our land.
42. Henceforth any person,
saving fealty to us, may go out of our realm and return to it, safely
and securely, by land and by water, except perhaps for a brief period in
time of war, for the common good of the realm. But prisoners and outlaws
are excepted according to the law of the realm; also people of a land at
war against us, and the merchants, with regard to whom shall be done as
we have said.
43. If any one hold from
any escheat--as from the honour of Wallingford, Nottingham, Boloin,
Lancaster, or the other escheats which are in our hands and are
baronies--and shall die, his heir shall not give another relief, nor
shall he perform for us other service than he would perform for a baron
if that barony were in the hand of a baron; and we shall hold it in the
same way in which the baron has held it.
44. Persons dwelling
without the forest shall not henceforth come before the forest justices,
through common summonses, unless they are impleaded or are the sponsors
of some person or persons attached for matters concerning the forest.
45. We will not make men
justices, constables, sheriffs, or bailiffs, unless they are such as
know the law of the realm, and are minded to observe it rightly.
46. All barons who have
founded abbeys for which they have charters of the kings of England, or
ancient right of tenure, shall have, as they ought to have, their
custody when vacant.
47. All forests
constituted as such in our time shall straightway be annulled; and the
same shall be done for river banks made into places of defense by us in
our time.
48. All evil customs
concerning forests and warrens, and concerning foresters and warreners,
sheriffs and their servants, river banks and their guardians, shall
straightway be inquired into in each county, through twelve sworn
knights from that county, and shall be eradicated by them, entirely, so
that they shall never be renewed, within forty days after the inquest
has been made; in such manner that we shall first know about them, or
our justice if we be not in England.
49. We shall straightway
return all hostages and charters which were delivered to us by
Englishmen as a surety for peace or faithful service.
50. We shall entirely
remove from their bailiwicks the relatives of Gerard de Athyes, so that
they shall henceforth have no bailwick in England: Engelard de Cygnes,
Andrew Peter and Gyon de Chanceles, Gyon de Cygnes, Geoffrey de Martin
and his brothers, Philip Mark and his brothers, and Geoffrey his nephew,
and the whole following of them.
51. And straightway after
peace is restored we shall remove from the realm all the foreign
soldiers, crossbowmen, servants, hirelings, who may have come with
horses and arms to the harm of the realm.
52. If anyone shall have
been disseized by us, or removed, without a legal sentence of his peers,
from his lands, castles, liberties or lawful right, we shall straightway
restore them to him. And if a dispute shall arise concerning this matter
it shall be settled according to the judgment of the twenty-five barons
who are mentioned below as sureties for the peace. But with regard to
all those things of which any one was, by king Henry our father or king
Richard our brother, disseized or dispossessed without legal judgement
of his peers, which we have in our hand or which others hold, and for
which we ought to give a guarantee: We shall have respite until the
common term for crusaders. Except with regard to those concerning which
a plea was moved, or an inquest made by our order, before we took the
cross. But when we return from our pilgrimage, or if, by chance, we
desist from our pilgrimage, we shall straightway then show full justice
regarding them.
53. We shall have the same
respite, moreover, and in the same manner, in the matter of showing
justice with regard to forests to be annulled and forests to remain,
which Henry our father or Richard our brother constituted; and in the
matter of wardships of lands which belong to the fee of
another--wardships of which kind we have hitherto enjoyed by reason of
the fee which some one held from us in military service;--and in the
matter of abbeys founded in the fee of another than ourselves--in which
the lord of the fee may say that he has jurisdiction. And when we
return, or if we desist from our pilgrimage, we shall straightway
exhibit full justice to those complaining with regard to these matters.
54. No one shall be taken
or imprisoned on account of the appeal of a woman concerning the death
of another than her husband.
55. All fines imposed by
us unjustly and contrary to the law of the land, and all amerciaments
made unjustly and contrary to the law of the land, shall be altogether
remitted, or it shall be done with regard to them according to the
judgment of the twenty five barons mentioned below as sureties for the
peace, or according to the judgment of the majority of them together
with the aforesaid Stephen archbishop of Canterbury, if he can be
present, and with others whom he may wish to associate with himself for
this purpose. And if he can not be present, the affair shall
nevertheless proceed without him; in such way that, if one or more of
the said twenty five barons shall be concerned in a similar complaint,
they shall be removed as to this particular decision, and in their
place, for this purpose alone, others shall be substituted who shall be
chosen and sworn by the remainder of those twenty five.
56. If we have disseized
or dispossessed Welshmen of their lands or liberties or other things
without legal judgment of their peers, in England or in Wales,--they
shall straightway be restored to them. And if a dispute shall arise
concerning this, then action shall be taken upon it in the March through
judgment of their peers--concerning English holdings according to the
law of England, concerning Welsh holdings according to the law of Wales,
concerning holdings in the March according to the law of the March. The
Welsh shall do likewise with regard to us and our subjects.
57. But with regard to all
those things of which any one of the Welsh was, by king Henry our father
or king Richard our brother, disseized or dispossessed without legal
judgment of his peers, which we have in our hand or which others hold,
and for which we ought to give a guarantee: we shall have respite until
the common term for crusaders. Except with regard to those concerning
which a plea was moved, or an inquest made by our order, before we took
the cross. But when we return from our pilgrimage, or if, by chance, we
desist from our pilgrimage, we shall straightway then show full justice
regarding them, according to the laws of Wales and the aforesaid
districts.
58. We shall straightway
return the son of Llewelin and all the Welsh hostages, and the charters
delivered to us as surety for the peace.
59. We shall act towards
Alexander king of the Scots regarding the restoration of his sisters,
and his hostages, and his liberties and his lawful right, as we shall
act towards our other barons of England; unless it ought to be otherwise
according to the charters which we hold from William, his father, the
former king of the Scots. And this shall be done through judgment of his
peers in our court.
60. Moreover all the
subjects of our realm, clergy as well as laity, shall, as far as
pertains to them, observe, with regard to their vassals, all these
aforesaid customs and liberties which we have decreed shall, as far as
pertains to us, be observed in our realm with regard to our own.
61. Inasmuch as for the
sake of God, and for the bettering of our realm, and for the more ready
healing of the discord which has arisen between us and our barons, we
have made all these aforesaid concessions,--wishing them to enjoy for
ever entire and firm stability, we make and grant to them the following
security: that the barons, namely, may elect at their pleasure twenty
five barons from the realm, who ought, with all their strength, to
observe, maintain and cause to be observed, the peace and privileges
which we have granted to them and confirmed by this our present charter.
in such wise, namely, that if we, our justice, or our bailiffs, or any
one of our servants shall have transgressed against any one in any
respect, or shall have broken some one of the articles of peace or
security, and our transgression shall have been shown to four barons of
the aforesaid twenty five: those four barons shall come to us, or, if we
are abroad, to our justice, showing to us our error; and they shall ask
us to cause that error to be amended without delay. And if we do not
amend that error, or, we being abroad, if our justice do not amend it
within a term of forty days from the time when it was shown to us or, we
being abroad, to our justice: the aforesaid four barons shall refer the
matter to the remainder of the twenty five barons, and those twenty five
barons, with the whole land in common, shall distrain and oppress us in
every way in their power,--namely, by taking our castles, lands and
possessions, and in every other way that they can, until amends shall
have been made according to their judgment. Saving the persons of
ourselves, our queen and our children. And when amends shall have been
made they shall be in accord with us as they had been previously. And
whoever of the land wishes to do so, shall swear that in carrying out
all the aforesaid measures he will obey the mandates of the aforesaid
twenty five barons, and that, with them, he will oppress us to the
extent of his power. And, to any one who wishes to do so, we publicly
and freely give permission to swear; and we will never prevent any one
from swearing. Moreover, all those in the land who shall be unwilling,
themselves and of their own accord, to swear to the twenty five barons
as to distraining and oppressing us with them: such ones we shall make
to swear by our mandate, as has been said. And if any one of the twenty
five barons shall die, or leave the country, or in any other way be
prevented from carrying out the aforesaid measures,--the remainder of
the aforesaid twenty five barons shall choose another in his place,
according to their judgment, who shall be sworn in the same way as the
others. Moreover, in all things entrusted to those twenty five barons to
be carried out, if those twenty five shall be present and chance to
disagree among themselves with regard to some matter, or if some of
them, having been summoned, shall be unwilling or unable to be present:
that which the majority of those present shall decide or decree shall be
considered binding and valid, just as if all the twenty five had
consented to it. And the aforesaid twenty five shall swear that they
will faithfully observe all the foregoing, and will cause them to be
observed to the extent of their power. And we shall obtain nothing from
any one, either through ourselves or through another, by which any of
those concessions and liberties may be revoked or diminished. And if any
such thing shall have been obtained, it shall be vain and invalid, and
we shall never make use of it either through ourselves or through
another.
62. And we have fully
remitted to all, and pardoned, all the ill-will, anger and rancour which
have arisen between us and our subjects, clergy and laity, from the time
of the struggle. Moreover we have fully remitted to all, clergy and
laity, and--as far as pertains to us--have pardoned fully all the
transgressions committed, on the occasion of that same struggle, from
Easter of the sixteenth year of our reign until the re-establishment of
peace. In witness of which moreover, we have caused to be drawn up for
them letters patent of lord Stephen, archbishop of Canterbury, lord
Henry, archbishop of Dublin, and the aforesaid bishops and master
Pandulf, regarding that surety and the aforesaid concessions.
63. Wherefore we will and
firmly decree that the English church shall be free, and that the
subjects of our realm shall have and hold all the aforesaid liberties,
rights and concessions, duly and in peace, freely and quietly, fully and
entirely, for themselves and their heirs, from us and our heirs, in all
matters and in all places, forever, as has been said. Moreover it has
been sworn, on our part as well as on the part of the barons, that all
these above mentioned provisions shall be observed with good faith and
without evil intent. The witnesses being the above mentioned and many
others. Given through our hand, in the plain called Runnimede between
Windsor and Stanes, on the fifteenth day of June, in the seventeenth
year of our reign.
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