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, sub deacon 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 barony of an earl by £100; the heir or heirs of a
baron, £100 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
distained 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 move over 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 distained for performance of greater service for
a knight's fee, or for any other free tenement, than is
due there from.
17. Common
pleas shall not follow our court, but shall be held in
some fixed place.
18. Inquests
of novel dissension, 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 villain 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 in testate, 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 therefore, 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 a writ 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 broter afforested, and concerning the wardship
of lands which are of the fief of another (namely, such
ward ships 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 peace, 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 owner 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 b all of our
kingdom, as well clergy as laymen, as far as pertains to
them towards their men.
61. Since,
move over, 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, distain 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, move over, 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 art 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.