Magna Carta 1

Magna Carta 1

Magna Carta

 

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 only 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 service.