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- 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.
one. 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.
two. 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 £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.
three.
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.
four. 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.
five. 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.
six.
Heirs shall be married- without disparagement, yet so that before the marriage takes
place the nearest in blood to that heir shall have notice.
seven. 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.
eight. 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.
nine.
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.
ten. 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.
eleven.
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.
twelve.
No scutage nor 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.
thirteen.
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.
fourteen.
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.
fifteen.
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.
sixteen.
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.
seventeen.
Common pleas- shall not follow our court, but shall be held in some fixed
place.
eighteen.
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.
nineteen.
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.
twenty. 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.
twenty-one.
Earls and barons shall not be amerced- except through their peers, and only in accordance with the
degree of the offense.
twenty-two.
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.
twenty-three.
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.
twenty-four.
No sheriff, constable, coroners, or others- of our bailiffs, shall hold pleas of our Crown
twenty-five.
All counties, hundred, wapentakes, and trithings- (except our demesne manors) shall remain at the old rents,
and without any additional payment.
twenty-six
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.
twenty-seven.
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.
twenty-eight.
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.
twenty-nine.
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.
thirty.
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.
thirty-one.
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.
thirty-two
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.
thirty-three.
All kydells for the future shall be removed- altogether from Thames and Medway, and throughout all
England, except upon the seashore.
thirty-four.
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.
thirty-five.
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.
thirty-six.
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.
thirty-seven.
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.
thirty-eight.
No bailiff for the future shall, upon his own- unsupported complaint, put anyone to his "law",
without credible witnesses brought for this purposes.
thirty-nine.
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.
fourty.
To no one will we sell,- to no one will we refuse or delay, right or justice.
fourty-one.
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.
fourty-two.
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.
fourty-three.
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.
fourty-four.
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.
fourty-five.
We will appoint as justices, constables, sheriffs, or bailiffs- only such as know the law of the realm and mean to observe it
well.
fourty-six.
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.
fourty-seven.
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.
fourty-eight.
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.
fourty-nine.
We will immediately restore all hostages and charters- delivered to us by Englishmen, as sureties of the peace of
faithful service.
fifty. 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.
fifty-one.
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.
fifty-two.
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.
fifty-three.
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.
fifty-four.
No one shall be arrested or imprisoned- upon the appeal of a woman, for the death of any other than
her husband.
fifty-five.
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.
fifty-six.
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.
fifty-seven.
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.
fifty-eight.
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.
fifty-nine.
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.
sixty.
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.
sixty-one.
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.
sixty-two.
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.
sixty-three.
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.
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