1215
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 Athée, and in future they shall
hold no offices in England. The people in question are Engelard
de Cigogné', Peter, Guy, and Andrew de Chanceaux, Guy de Cigogné,
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 (§ 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 (§ 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).