(The Great Charter)
15.06.1215
Preamble:
John, by the grace of God, king of England, lord
of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the
archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs,
stewards, servants, and to all his bailiffs and liege subjects, greetings. Know
that, having regard to God and for the salvation of our soul, and those of all
our ancestors and heirs, and unto the honor of God and the advancement of his holy
Church and for the rectifying of our realm, we have granted as underwritten by
advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of
all England and cardinal of the holy Roman Church, Henry, archbishop of Dublin,
William of London, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh
of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester, bishops; of Master Pandulf,
subdeacon and member of the household of our lord the Pope, of brother Aymeric
(master of the Knights of the Temple in England), and of the illustrious men
William Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of
Warenne, William, earl of Arundel, Alan of Galloway (constable of Scotland),
Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal of Poitou),
Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip
d'Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our
liegemen.
1. In the first place we have granted to God, and by
this our present charter confirmed for us and our heirs forever that the
English Church shall be free, and shall have her rights entire, and her
liberties inviolate; and we will that it be thus observed; which is apparent
from this that the freedom of elections, which is reckoned most important and
very essential to the English Church, we, of our pure and unconstrained will,
did grant, and did by our charter confirm and did obtain the ratification of the same from our lord, Pope
Innocent III, before the quarrel arose
between us and our barons: and this we will observe, and our will is that it be
observed in good faith by our heirs forever. We have also granted to all
freemen of our kingdom, for us and our heirs forever, all the underwritten
liberties, to be had and held by them and their heirs, of us and our heirs
forever.
2. If any of our earls or barons, or others holding of
us in chief by military service shall have died, and at the time of his death
his heir shall be full of age and owe "relief", he shall have his
inheritance by the old relief, to wit,
the heir or heirs of an earl, for the whole baroncy of an earl by L100; the
heir or heirs of a baron, L100 for a whole barony; the heir or heirs of a
knight, 100s, at most, and whoever owes less let him give less, according to
the ancient custom of fees.
3. If, however, the heir of any one of the aforesaid
has been under age and in wardship, let him have his inheritance without relief
and without fine when he comes of age.
4. The guardian of the land of an heir who is thus
under age, shall take from the land of the heir nothing but reasonable produce,
reasonable customs, and reasonable services, and that without destruction or
waste of men or goods; and if we have committed the wardship of the lands
of any such minor to the sheriff, or to
any other who is responsible to us for
its issues, and he has made destruction or waster of what he holds in wardship,
we will take of him amends, and the land shall be committed to two lawful and
discreet men of that fee, who shall be responsible for the issues to us or to him to whom we shall
assign them; and if we have given or sold the wardship of any such land to
anyone and he has therein made destruction or waste, he shall lose that
wardship, and it shall be transferred to two lawful and discreet men of that
fief, who shall be responsible to us in like manner as aforesaid.
5. The guardian, moreover, so long as he has the
wardship of the land, shall keep up the houses, parks, fishponds, stanks,
mills, and other things pertaining to the land, out of the issues of the same
land; and he shall restore to the heir, when he has come to full age, all his
land, stocked with ploughs and wainage, according as the season of husbandry
shall require, and the issues of the land can reasonable bear.
6. Heirs shall be married without disparagement, yet
so that before the marriage takes place the nearest in blood to that heir shall
have notice.
7. A widow, after the death of her husband, shall
forthwith and without difficulty have her marriage portion and inheritance; nor
shall she give anything for her dower, or for her marriage portion, or for the
inheritance which her husband and she held on the day of the death of that
husband; and she may remain in the house of her husband for forty days after
his death, within which time her dower shall be assigned to her.
8. No widow shall be compelled to marry, so long as
she prefers to live without a husband; provided always that she gives security
not to marry without our consent, if she holds of us, or without the consent of
the lord of whom she holds, if she holds of another.
9. Neither we nor our bailiffs will seize any land or
rent for any debt, as long as the chattels of the debtor are sufficient to
repay the debt; nor shall the sureties of the debtor be distrained so long as
the principal debtor is able to satisfy
the debt; and if the principal debtor shall fail to pay the debt, having
nothing wherewith to pay it, then the sureties shall answer for the debt; and
let them have the lands and rents of the debtor, if they desire them, until
they are indemnified for the debt which
they have paid for him, unless the principal debtor can show proof that he is
discharged thereof as against the said sureties.
10. If one who has borrowed from the Jews any sum,
great or small, die before that loan be repaid, the debt shall not bear
interest while the heir is under age, of whomsoever he may hold; and if the
debt fall into our hands, we will not take anything except the principal sum
contained in the bond.
11. And if anyone die indebted to the Jews, his wife
shall have her dower and pay nothing of that debt; and if any children of the
deceased are left under age, necessaries shall be provided for them in keeping
with the holding of the deceased; and out of the residue the debt shall be
paid, reserving, however, service due to feudal lords; in like manner let it be
done touching debts due to others than Jews.
12. No scutage not aid shall be imposed on our
kingdom, unless by common counsel of our kingdom, except for ransoming our
person, for making our eldest son a knight, and for once marrying our eldest
daughter; and for these there shall not be levied more than a reasonable aid.
In like manner it shall be done
concerning aids from the city of London.
13. And the city of London shall have all it ancient
liberties and free customs, as well by land as by water; furthermore, we decree
and grant that all other cities, boroughs, towns, and ports shall have all
their liberties and free customs.
14. And for obtaining the common counsel of the
kingdom anent the assessing of an aid (except in the three cases aforesaid) or
of a scutage, we will cause to be summoned the archbishops, bishops, abbots,
earls, and greater barons, severally by our letters; and we will moveover cause
to be summoned generally, through our sheriffs and bailiffs, and others who
hold of us in chief, for a fixed date, namely, after the expiry of at least
forty days, and at a fixed place; and in all letters of such summons we will
specify the reason of the summons.
And when the summons has thus been made, the business
shall proceed on the day appointed, according to the counsel of such as are
present, although not all who were summoned have come.
15. We will not for the future grant to anyone license
to take an aid from his own free tenants, except to ransom his person, to make
his eldest son a knight, and once to marry his eldest daughter; and on each of
these occasions there shall be levied only a reasonable aid.
16. No one shall be distrained for performance of
greater service for a knight's fee, or for any other free tenement, than is due
therefrom.
17. Common pleas shall not follow our court, but shall
be held in some fixed place.
18. Inquests of novel disseisin, of mort d'ancestor,
and of darrein presentment shall not be held elsewhere than in their own county
courts, and that in manner following; We, or, if we should be out of the realm,
our chief justiciar, will send two justiciaries through every county four times
a year, who shall alone with four knights of the county chosen by the county,
hold the said assizes in the county court, on the day and in the place of
meeting of that court.
19. And if any of the said assizes cannot be taken on
the day of the county court, let there remain of the knights and freeholders,
who were present at the county court on that day, as many as may be required
for the efficient making of judgments, according as the business be more or
less.
20. A freeman shall not be amerced for a slight
offense, except in accordance with the degree of the offense; and for a grave
offense he shall be amerced in accordance with the gravity of the offense, yet
saving always his "contentment"; and a merchant in the same way,
saving his "merchandise"; and a villein shall be amerced in the same
way, saving his "wainage" if they have fallen into our mercy: and
none of the aforesaid amercements shall be imposed except by the oath of honest
men of the neighborhood.
21. Earls and barons shall not be amerced except
through their peers, and only in accordance with the degree of the offense.
22. A clerk shall not be amerced in respect of his lay
holding except after the manner of the others aforesaid; further, he shall not
be amerced in accordance with the extent of his ecclesiastical benefice.
23. No village or individual shall be compelled to
make bridges at river banks, except those who from of old were legally bound to
do so.
24. No sheriff, constable, coroners, or others of our
bailiffs, shall hold pleas of our
Crown.
25. All counties, hundred, wapentakes, and trithings
(except our demesne manors) shall remain at the old rents, and without any
additional payment.
26. If anyone holding of us a lay fief shall die, and
our sheriff or bailiff shall exhibit our letters patent of summons for a debt
which the deceased owed us, it shall be lawful for our sheriff or bailiff to
attach and enroll the chattels of the deceased, found upon the lay fief, to the
value of that debt, at the sight of law worthy men, provided always that
nothing whatever be thence removed until the debt which is evident shall be
fully paid to us; and the residue shall be left to the executors to fulfill the
will of the deceased; and if there be nothing due from him to us, all the
chattels shall go to the deceased, saving to his wife and children their
reasonable shares.
27. If any freeman shall die intestate, his chattels
shall be distributed by the hands of his nearest kinsfolk and friends, under
supervision of the Church, saving to every one the debts which the deceased
owed to him.
28. No constable or other bailiff of ours shall take
corn or other provisions from anyone without immediately tendering money
therefor, unless he can have postponement thereof by permission of the seller.
29. No constable shall compel any knight to give money
in lieu of castle-guard, when he is willing to perform it in his own person, or
(if he himself cannot do it from any reasonable cause) then by another responsible man. Further, if we have led or
sent him upon military service, he shall be relieved from guard in proportion
to the time during which he has been on service because of us.
30. No sheriff or bailiff of ours, or other person,
shall take the horses or carts of any freeman for transport duty, against the
will of the said freeman.
31. Neither we nor our bailiffs shall take, for our
castles or for any other work of ours, wood which is not ours, against the will
of the owner of that wood.
32. We will not retain beyond one year and one day,
the lands those who have been convicted of felony, and the lands shall
thereafter be handed over to the lords of the fiefs.
33. All kydells for the future shall be removed
altogether from Thames and Medway, and throughout all England, except upon the
seashore.
34. The writ which is called praecipe shall not for
the future be issued to anyone, regarding any tenement whereby a freeman may
lose his court.
35. Let there be one measure of wine throughout our
whole realm; and one measure of ale; and one measure of corn, to wit, "the
London quarter"; and one width of cloth (whether dyed, or russet, or
"halberget"), to wit, two ells within the selvedges; of weights also
let it be as of measures.
36. Nothing in future shall be given or taken for 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 brother
afforested, and concerning the wardship of lands which are of the fief of
another (namely, such wardships as we have hitherto had by reason of a fief
which anyone held of us by knight's service), and concerning abbeys founded on
other fiefs than our own, in which the lord of the fee claims to have right;
and when we have returned, or if we desist from our expedition, we will
immediately grant full justice to all who complain of such things.
54. No one shall be arrested or imprisoned upon the
appeal of a woman, for the death of any other than her husband.
55. All fines made with us unjustly and against the
law of the land, and all amercements, imposed unjustly and against the law of
the land, shall be entirely remitted, or else it shall be done concerning them
according to the decision of the five and twenty barons whom mention is made
below in the clause for securing the
pease, or according to the judgment of the majority of the same, along with the
aforesaid Stephen, archbishop of Canterbury, if he can be present, and such
others as he may wish to bring with him for this purpose, and if he cannot be
present the business shall nevertheless
proceed without him, provided always that if any one or more of the aforesaid
five and twenty barons are in a similar suit, they shall be removed as far as
concerns this particular judgment, others being substituted in their places
after having been selected by the rest of the same five and twenty for this
purpose only, and after having been
sworn.
56. If we have disseised or removed Welshmen from
lands or liberties, or other things, without the legal judgment of their peers
in England or in Wales, they shall be immediately restored to them; and if a
dispute arise over this, then let it be decided in the marches by the judgment
of their peers; for the tenements in England according to the law of England,
for tenements in Wales according to the law of Wales, and for tenements in the
marches according to the law of the marches. Welshmen shall do the same to us
and ours.
57. Further, for all those possessions from which any
Welshman has, without the lawful judgment of his peers, been disseised or
removed by King Henry our father, or King Richard our brother, and which we
retain in our hand (or which are possessed by others, and which we ought to
warrant), we will have respite until the usual term of crusaders; excepting
those things about which a plea has been raised or an inquest made by our order
before we took the cross; but as soon as we return (or if perchance we desist
from our expedition), we will immediately grant full justice in accordance with
the laws of the Welsh and in relation to the foresaid regions.
58. We will immediately give up the son of Llywelyn
and all the hostages of Wales, and the charters delivered to us as security for
the peace.
59. We will do towards Alexander, king of Scots,
concerning the return of his sisters and his hostages, and concerning his
franchises, and his right, in the same manner as we shall do towards our other
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, moveover, for God and the amendment of our
kingdom and for the better allaying of the quarrel that has arisen between us
and our barons, we have granted all these concessions, desirous that they
should enjoy them in complete and firm endurance forever, we give and grant
to them the underwritten security,
namely, that the barons choose five and twenty barons of the kingdom,
whomsoever they will, who shall be bound with all their might, to observe and
hold, and cause to be observed, the peace and liberties we have granted and
confirmed to them by this our present Charter, so that if we, or our justiciar,
or our bailiffs or any one of our officers, shall in anything be at fault
towards anyone, or shall have broken any one of the articles of this peace or
of this security, and the offense be notified to four barons of the foresaid
five and twenty, the said four barons shall repair to us (or our justiciar, if
we are out of the realm) and, laying the transgression before us, petition to
have that transgression redressed without delay. And if we shall not have
corrected the transgression (or, in the event of our being out of the realm, if
our justiciar shall not have corrected it) within forty days, reckoning from
the time it has been intimated to us (or to our justiciar, if we should be out
of the realm), the four barons aforesaid shall refer that matter to the rest of
the five and twenty barons, and those five and twenty barons shall, together
with the community of the whole realm, distrain and distress us in all possible
ways, namely, by seizing our castles, lands, possessions, and in any other way
they can, until redress has been obtained as they deem fit, saving harmless our
own person, and the persons of our queen and children; and when redress has
been obtained, they shall resume their old relations towards us. And let
whoever in the country desires it, swear to obey the orders of the said five
and twenty barons for the execution of all the aforesaid matters, and along
with them, to molest us to the utmost of his power; and we publicly and freely
grant leave to everyone who wishes to swear, and we shall never forbid anyone
to swear. All those, moveover, in the land who of themselves and of their
own accord are unwilling to swear to
the twenty five to help them in constraining and molesting us, we shall by our
command compel the same to swear to the effect foresaid. And if any one of the
five and twenty barons shall have died or departed from the land, or be
incapacitated in any other manner which would prevent the foresaid provisions
being carried out, those of the said twenty five barons who are left shall
choose another in his place according to their own judgment, and he shall be
sworn in the same way as the others. Further, in all matters, the execution of
which is entrusted,to these twenty five barons, if perchance these twenty five
are present and disagree about anything, or if some of them, after being
summoned, are unwilling or unable to be present, that which the majority of
those present ordain or command shall be held as fixed and established, exactly
as if the whole twenty five had concurred in this; and the said twenty five
shall swear that they will faithfully observe all that is aforesaid, and cause
it to be observed with all their might. And we shall procure nothing from
anyone, directly or indirectly, whereby any part of these concessions and
liberties might be revoked or diminished; and if any such things has been
procured, let it be void and null, and we shall never use it personally or by
another.
62. And all the will, hatreds, and bitterness that
have arisen between us and our men, clergy and lay, from the date of the
quarrel, we have completely remitted and pardoned to everyone. Moreover, all
trespasses occasioned by the said quarrel, from Easter in the sixteenth year of
our reign till the restoration of peace, we have fully remitted to all, both
clergy and laymen, and completely forgiven, as far as pertains to us. And on
this head, we have caused to be made for them letters testimonial patent of the
lord Stephen, archbishop of Canterbury, of the lord Henry, archbishop of
Dublin, of the bishops aforesaid, and of Master Pandulf as touching this
security and the concessions aforesaid.
63. Wherefore we will and firmly order that the
English Church be free, and that the men in our kingdom have and hold all the
aforesaid liberties, rights, and concessions, well and peaceably, freely and
quietly, fully and wholly, for themselves and their heirs, of us and our heirs,
in all respects and in all places forever, as is aforesaid. An oath, moreover,
has been taken, as well on our part as on the 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.