of Normandy and Aquitaine, and Count of Anjou: To the Archbishops,
Bishops, Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs,
Reeves, Ministers, and all Bailiffs and others, his faithful
subjects, Greeting. Know ye that in the presence of God, and for
the health of our soul, and the souls of our ancestors and heirs,
to the honor of God, and the exaltation of Holy Church, and
amendment of our realm, by 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 of London, Peter of Winchester, Jocelin of Bath and
Glastonbury, Hugh of Lincoln, Walter of Worcester, William of
Coventry, and Benedict of Rochester, Bishops; Master Pandulph, the
pope's subdeacon and familiar; Brother Aymeric, Master of the
Knights of the Temple in England; and the noble persons, William
Marshall, 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, Seneshal of Poitou, Hugh de Neville, Matthew
Fitz-Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert
de Roppelay, John Marshall, John Fitz-Hugh, and others, our
liegemen:}
HENRY BY THE GRACE OF GOD, KING OF ENGLAND, LORD OF IRELAND, DUKE
OF NORMANDY AND GUYAN AND EARL OF ANJOU, TO ALL ARCHBISHOPS,
BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, SHERIFFS, PROVOSTS,
OFFICERS AND TO ALL BAILIFFS AND OTHER OUR FAITHFUL SUBJECTS WHICH
SHALL SEE THIS PRESENT CHARTER, GREETING.
KNOW YE THAT WE, UNTO THE HONOR OF ALMIGHTY GOD, AND FOR THE
SALVATION OF THE SOULS OF OUR PROGENITORS AND SUCCESSORS KINGS OF
ENGLAND, TO THE ADVANCEMENT OF HOLY CHURCH AND AMENDMENT OF OUR
REALM, OF OUR MERE AND FREE WILL, HAVE GIVEN AND GRANTED TO ALL
ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, AND TO ALL
FREE MEN OF THIS OUR REALM, THESE LIBERTIES FOLLOWING, TO BE KEPT
IN OUR KINGDOM OF ENGLAND FOREVER.
[I. A CONFIRMATION OF LIBERTIES]
First, 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 enjoy her whole rights and her liberties
inviolable. {And that we will this so to be observed appears from
the fact that we of our own free will, before the outbreak of the
dissensions between us and our barons, granted, confirmed, and
procured to be confirmed by Pope Innocent III the freedom of
elections, which is considered most important and necessary to the
English Church, which Charter we will both keep ourself and will
it to be kept with good faith by our heirs forever.} We have also
granted to all the free men of our realm, for us and our heirs
forever, all the liberties underwritten, to have and to hold to
them and their heirs of us and our heirs.
[II. THE RELIEF OF THE KING'S TENANT OF FULL AGE]
If any of our earls, barons, or others who hold of us in chief by
knight's service dies, and at the time of his death his heir is of
full age and owes to us a relief, he shall have his inheritance on
payment of [no more than] the old relief; to wit, the heir or
heirs of an earl, for an entire earldom, 100 pounds [2,000s.]; the
heir or heirs of a baron of an entire barony, {100 pounds} 100
MARKS [67 POUNDS OR 1340s.]; the heir or heirs of an entire
knight's fee, 100s. at the most [about 1/3 of a knight's annual
income]; and he who owes less shall give less, according to the
old custom of fees.
[III. THE WARDSHIP OF AN HEIR WITHIN AGE. THE HEIR A KNIGHT]
BUT IF THE HEIR OF SUCH BE UNDER AGE, HIS LORD SHALL NOT HAVE THE
WARD OF HIM, NOR OF HIS LAND, BEFORE THAT HE HAS TAKEN OF HIM
HOMAGE. If, however, any such heir is under age and in ward, he
shall have his inheritance without relief or fine when he comes of
age, THAT IS, TWENTY-ONE YEARS OF AGE. SO THAT IF SUCH AN HEIR NOT
OF AGE IS MADE A KNIGHT, YET NEVERTHELESS HIS LAND SHALL REMAIN IN
THE KEEPING OF HIS LORD UNTO THE AFORESAID TERM.
[IV. NO WASTE SHALL BE MADE BY A GUARDIAN IN WARD'S LANDS]
The guardian of the land of any heir thus under age shall take
therefrom only reasonable issues, customs, and services, without
destruction or waste of men or goods. And if we commit the custody
of any such land to the sheriff or any other person answerable to
us for the issues of the same land, and he commits destruction or
waste, we will take an amends from him and recompense therefore.
And the land shall be committed to two lawful and discreet men of
that fee, who shall be answerable for the issues of the same land
to us or to whomsoever we shall have assigned them. And if we give
or sell the custody of any such land to any man, and he commits
destruction or waste, he shall lose the custody, which shall be
committed to two lawful and discreet men of that fee, who shall,
in like manner, be answerable to us as has been aforesaid.
[V. GUARDIANS SHALL MAINTAIN THE INHERITANCE OF THEIR WARDS AND OF
BISHOPRICKS, ETC.]
The guardian, so long as he shall have the custody of the land,
shall keep up and maintain the houses, parks, fishponds, pools,
mills, and other things pertaining thereto, out of the issues of
the same, and shall restore to the heir when he comes of age, all
his land stocked with {ploughs and tillage, according as the
season may require and the issues of the land can reasonably bear}
PLOUGHS AND ALL OTHER THINGS, AT THE LEAST AS HE RECEIVED IT. ALL
THESE THINGS SHALL BE OBSERVED IN THE CUSTODIES OF VACANT
ARCHBISHOPRICKS, BISHOPRICKS, ABBEYS, PRIORIES, CHURCHES, AND
DIGNITIES, WHICH APPERTAIN TO US; EXCEPT THIS, THAT SUCH CUSTODY
SHALL NOT BE SOLD.
[VI. HEIRS SHALL BE MARRIED WITHOUT DISPARAGEMENT]
Heirs shall be married without loss of station. {And the marriage
shall be made known to the heir's nearest of kin before it is
agreed.}
[VII. A WIDOW SHALL HAVE HER MARRIAGE, INHERITANCE, AND
QUERENTINE. THE KING'S WIDOW, ETC.]
A widow, after the death of her husband, shall immediately and
without difficulty have her marriage portion [property given to
her by her father] and inheritance. She shall not give anything
for her marriage portion, dower, or inheritance which she and her
husband held on the day of his death, and she may remain in her
husband's house for forty days after his death, within which time
her dower shall be assigned to her. IF THAT HOUSE IS A CASTLE AND
SHE LEAVES THE CASTLE, THEN A COMPETENT HOUSE SHALL FORTHWITH BE
PROVIDED FOR HER, IN WHICH SHE MAY HONESTLY DWELL UNTIL HER DOWER
IS ASSIGNED TO HER AS AFORESAID; AND IN THE MEANTIME HER
REASONABLE ESTOVERS OF THE COMMON [NECESSARIES OR SUPPLIES SUCH AS
WOOD], ETC.
No widow shall be compelled [by penalty of fine] to marry so long
as she has a mind to live without a husband, provided, however,
that she gives security that she will not marry without our
assent, if she holds of us, or that of the lord of whom she holds,
if she holds of another.
[VIII. HOW SURETIES SHALL BE CHARGED TO THE KING]
Neither we nor our bailiffs shall seize any land or rent for any
debt as long as the debtor's goods and chattels suffice to pay the
debt AND THE DEBTOR HIMSELF IS READY TO SATISFY THEREFORE. Nor
shall the debtor's sureties be distrained as long as the debtor is
able to pay the debt. If the debtor fails to pay, not having the
means to pay, OR WILL NOT PAY ALTHOUGH ABLE TO PAY, then the
sureties shall answer the debt. And, if they desire, they shall
hold the debtor's lands and rents until they have received
satisfaction of that which they had paid for him, unless the
debtor can show that he has discharged his obligation to them.
{If anyone who has borrowed from the Jews any sum of money, great
or small, dies before the debt has been paid, the heir shall pay
no interest on the debt as long as he remains under age, of
whomsoever he may hold. If the debt falls into our hands, we will
take only the principal sum named in the bond.}
{And if any man dies indebted to the Jews, his wife shall have her
dower and pay nothing of that debt; if the deceased leaves
children under age, they shall have necessaries provided for them
in keeping with the estate of the deceased, and the debt shall be
paid out of the residue, saving the service due to the deceased's
feudal lords. So shall it be done with regard to debts owed
persons other than Jews.}
[IX. THE LIBERTIES OF LONDON AND OTHER CITIES AND TOWNS CONFIRMED]
The City of London shall have all her old liberties and free
customs, both by land and water. Moreover, we will and grant that
all other cities, boroughs, towns, and ports shall have all their
liberties and free customs.
{No scutage or aid shall be imposed in our realm unless by common
counsel thereof, except to ransom our person, make our eldest son
a knight, and once to marry our eldest daughter, and for these
only a reasonable aid shall be levied. So shall it be with regard
to aids from the City of London.}
{To obtain the common counsel of the realm concerning the
assessment of aids (other than in the three aforesaid cases) or of
scutage, we will have the archbishops, bishops, abbots, earls, and
great barons individually summoned by our letters; we will also
have our sheriffs and bailiffs summon generally all those who hold
lands directly of us, to meet on a fixed day, but with at least
forty days' notice, and at a fixed place. In all such letters of
summons, we will explain the reason therefor. After summons has
thus been made, the business shall proceed on the day appointed,
according to the advice of those who are present, even though not
all the persons summoned have come.}
{We will not in the future grant permission to any man to levy an
aid upon his free men, except to ransom his person, make his
eldest son a knight, and once to marry his eldest daughter, and on
each of these occasions only a reasonable aid shall be levied.}
[X. NONE SHALL DISTRAIN FOR MORE SERVICE THAN IS DUE.]
No man shall be compelled to perform more service for a knight's
fee nor any freehold than is due therefrom.
[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT]
People who have Common Pleas shall not follow our Court traveling
about the realm, but shall be heard in some certain place.
[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT
FOR DIFFICULTY]
{Land assizes of novel disseisin, mort d'ancestor and darrein
presentment shall be heard only in the county where the property
is situated, and in this manner: We or, if we are not in the
realm, our Chief Justiciary, shall send two justiciaries through
each county four times a year [to clear and prevent backlog], and
they, together with four knights elected out of each county by the
people thereof, shall hold the said assizes in the county court,
on the day and in the place where that court meets.}
ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY IN
THE COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS MANNER: WE,
OR IF WE ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL SEND
JUSTICIARIES THROUGH EACH COUNTY ONCE A YEAR, AND THEY TOGETHER
WITH KNIGHTS OF THAT COUNTY SHALL HOLD THE SAID ASSIZES IN THE
COUNTY.
{If the said assizes cannot be held on the day appointed, so many
of the knights and freeholders as were present on that day shall
remain as will be sufficient for the administration of justice,
according to the amount of business to be done.}
AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES,
BEING SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE
DETERMINED, SHALL BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR
CIRCUIT; AND THOSE THINGS WHICH FOR DIFFICULTY OF SOME ARTICLES
CANNOT BE DETERMINED BY THEM, SHALL BE REFERRED TO OUR JUSTICES OF
THE BENCH AND THERE SHALL BE ENDED.
[XIII. ASSIZES OF DARREIN PRESENTMENT]
ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR
JUSTICES OF THE BENCH AND THERE SHALL BE DETERMINED.
[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM]
A freeman shall be amerced [made to pay a fine to the King] for a
small offence only according to the degree thereof, and for a
serious offence according to its magnitude, saving his position
and livelihood; and in like manner a merchant, saving his trade
and merchandise, and a villein saving his tillage, if they should
fall under our mercy. None of these amercements shall be imposed
except by the oath of honest men of the neighborhood.
Earls and barons shall be amerced only by their peers, and only in
accordance with the seriousness of the offense.
{No amercement shall be imposed upon a cleric's lay tenement,
except in the manner of the other persons aforesaid, and without
regard to the value of his ecclesiastical benefice.}
NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH
THE SERIOUSNESS OF THE OFFENCE AND AFTER HIS LAY TENEMENT, BUT NOT
AFTER THE QUANTITY OF HIS SPIRITUAL BENEFICE.
[XV. MAKING OF BRIDGES AND BANKS]
No town or freeman shall be compelled to build bridges over rivers
OR BANKS except those bound by old custom and law to do so.
[XVI. DEFENDING OF BANKS]
NO BANKS [LAND NEAR A RIVER] SHALL BE DEFENDED [USED BY THE KING
ALONE, E.G. FOR HUNTING], FROM HENCEFORTH, BUT SUCH AS WERE IN
DEFENCE IN THE TIME OF KING HENRY [II] OUR GRANDFATHER, BY THE
SAME PLACES AND IN THE SAME BOUNDS AS IN HIS TIME.
[XVII. HOLDING PLEAS OF THE CROWN]
No sheriff, constable, coroners, or other of our bailiffs shall
hold pleas of our Crown [but only justiciars, to prevent disparity
of punishments and corruption].
{All counties, hundreds, wapentakes, and tithings (except our
demesne manors) shall remain at the old rents, without any
increase.}
[XVIII. THE KING'S DEBTOR DYING, THE KING SHALL BE FIRST PAID]
If anyone holding a lay fee of us dies, and our sheriff or our
bailiff show our letters patent [public letter from a sovereign or
one in authority] of summons for a debt due to us from the
deceased, it shall be lawful for such sheriff or bailiff to attach
and list the goods and chattels of the deceased found in the lay
fee to the value of that debt, by the sight and testimony of
lawful men [to prevent taking too much], so that nothing thereof
shall be removed therefrom until our whole debt is paid; then the
residue shall be given up to the executors to carry out the will
of the deceased. If there is no debt due from him to us, all his
chattels shall remain the property of the deceased, saving to his
wife and children their reasonable shares.
{If any freeman dies intestate, his chattels shall be distributed
by his nearest kinfolk and friends, under supervision of the
Church, saving to each creditor the debts owed him by the
deceased.}
[XIX. PURVEYANCE FOR A CASTLE]
No constable or other of our bailiffs shall take grain or other
chattels of any man without immediate payment, unless the seller
voluntarily consents to postponement of payment. THIS APPLIES IF
THE MAN IS NOT OF THE TOWN WHERE THE CASTLE IS. BUT IF THE MAN IS
OF THE SAME TOWN AS WHERE THE CASTLE IS, THE PRICE SHALL BE PAID
TO HIM WITHIN 40 DAYS.
[XX. DOING OF CASTLE-GUARD]
No constable shall compel any knight to give money for keeping of
his castle in lieu of castle-guard when the knight is willing to
perform it in person or, if reasonable cause prevents him from
performing it himself, by some other fit man. Further, if we lead
or send him into military service, he shall be excused from
castle-guard for the time he remains in service by our command.
[XXI. TAKING OF HORSES, CARTS, AND WOOD]
No sheriff or bailiff of ours, or any other man, shall take horses
or carts of any freeman for carriage without the owner's consent.
HE SHALL PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH TWO HORSES,
10d. A DAY; FOR THREE HORSES, 14d. A DAY. NO DEMESNE CART OF ANY
SPIRITUAL PERSON OR KNIGHT OR ANY LORD SHALL BE TAKEN BY OUR
BAILIFFS.
Neither we nor our bailiffs will take another man's wood for our
castles or for other of our necessaries without the owner's
consent.
[XXII. HOW LONG FELONS' LANDS SHALL BE HELD BY THE KING]
We will hold the lands of persons convicted of felony for only a
year and a day [to remove the chattels and movables], after which
they shall be restored to the lords of the fees.
[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED]
All fishweirs [obstructing navigation] shall be entirely removed
by the Thames and Medway rivers, and throughout England, except
upon the seacoast.
[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE]
The [royal] writ called "praecipe in capite" [for tenements held
in chief of the Crown] shall not in the future be granted to
anyone respecting any freehold if thereby a freeman [who has a
mesne lord] may not be tried in his lord's court.
[XXV. THERE SHALL BE BUT ONE MEASURE THROUGHOUT THE REALM]
There shall be one measure of wine throughout our realm, one
measure of ale, and one measure of grain, to wit, the London
quarter, and one breadth of dyed cloth, russets, and haberjets, to
wit, two {ells} YARDS within the selvages. As with measures so
shall it also be with weights.
[XXVI. INQUISITION OF LIFE AND LIMB]
Henceforth nothing shall be given or taken for a writ of
inquisition upon life or limb, but it shall be granted freely and
not denied.
[XXVII. TENURE OF THE KING IN SOCAGE AND OF ANOTHER BY KNIGHT'S
SERVICE. PETIT SERJEANTY.]
If anyone holds of us by fee farm, socage, or burgage, and also
holds land of another by knight's service, we will not by reason
of that fee farm, socage, or burgage have the wardship of his
heir, or the land which belongs to another man's fee. Nor will we
have the custody of such fee farm, socage, or burgage unless such
fee farm owe knight's service. We will not have the wardship of
any man's heir, or the land which he holds of another by knight's
service, by reason of any petty serjeanty which he holds of us by
service of rendering us knives, arrows, or the like.
[XXVIII. WAGES OF LAW SHALL NOT BE WITHOUT WITNESS]
In the future no [royal] bailiff shall upon his own unsupported
accusation put any man to trial or oath without producing credible
witnesses to the truth of the accusation.
[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT BE
SOLD OR DELAYED.]
No freeman shall be taken, imprisoned, disseised OF HIS FREEHOLD
OR LIBERTIES OR FREE CUSTOMS, OR BE outlawed, banished, or in any
way ruined, nor will we prosecute or condemn him, except by the
lawful judgment of his peers or by the law of the land.
To no one will we sell [by bribery], to none will we deny or
delay, right or justice.
[XXX. MERCHANT STRANGERS COMING INTO THIS REALM SHALL BE WELL
USED]
All merchants shall have safe conduct to go and come out of and
into England, and to stay in and travel through England by land
and water, to buy and sell, without evil tolls, in accordance with
old and just customs, except, in time of war, such merchants as
are of a country at war with us. If any such be found in our realm
at the outbreak of war, they shall be detained, without harm to
their bodies or goods, until it be known to us or our Chief
Justiciary how our merchants are being treated in the country at
war with us. And if our merchants are safe there, then theirs
shall be safe with us.
{Henceforth anyone, saving his allegiance due to us, may leave our
realm and return safely and securely by land and water, except for
a short period in time of war, for the common benefit of the
realm.}
[XXXI. TENURE OF A BARONY COMING INTO THE KING'S HANDS BY ESCHEAT]
If anyone dies holding of any escheat, such as the honor of
Wallingford, Nottingham, Boulogne, {Lancaster,} or other escheats
which are in our hands and are baronies, his heir shall not give
any relief or do any service to us other than he would owe to the
baron, if such barony had been in the baron's hands. And we will
hold the escheat in the same manner in which the baron held it.
NOR SHALL WE HAVE, BY OCCASION OF ANY BARONY OR ESCHEAT, ANY
ESCHEAT OR KEEPING OF ANY OF OUR MEN, UNLESS HE WHO HELD THE
BARONY OR ESCHEAT ELSEWHERE HELD OF US IN CHIEF.
Persons dwelling outside the forest [in the county] need not in
the future come before our justiciaries of the forest in answer to
a general summons unless they are impleaded or are sureties for
any person or persons attached for breach of forest laws.
[XXXII. LANDS SHALL NOT BE ALIENED TO THE PREJUDICE OF THE LORD'S
SERVICE]
NO FREEMAN FROM HENCEFORTH SHALL GIVE OR SELL ANY MORE OF HIS
LAND, BUT SO THAT OF THE RESIDUE OF THE LANDS THE LORD OF THE FEE
MAY HAVE THE SERVICE DUE TO HIM WHICH BELONGS TO THE FEE.
{We will appoint as justiciaries, constables, sheriffs, or
bailiffs only such men as know the law of the land and will keep
it well.}
[XXXIII. PATRONS OF ABBEYS SHALL HAVE THE CUSTODY OF THEM WHEN
VACANT]
All barons who had founded abbeys of which they have charters of
English Kings or old tenure, shall have the custody of the same
when vacant, as is their due.
All forests which have been created in our time shall forthwith be
disafforested. {So shall it be done with regard to river banks
which have been enclosed by fences in our time.}
{All evil customs concerning forests and warrens [livestock
grounds in forests], foresters and warreners, sheriffs and their
officers, or riverbanks and their conservators shall be
immediately investigated in each county by twelve sworn knights of
such county, who are chosen by honest men of that county, and
shall within forty days after this inquest be completely and
irrevocably abolished, provided always that the matter has first
been brought to our knowledge, or that of our justiciars, if we
are not in England.}
{We will immediately return all hostages and charters delivered to
us by Englishmen as security for the peace or for the performance
of loyal service.}
{We will entirely remove from their offices the kinsmen of Gerald
de Athyes, so that henceforth they shall hold no office in
England: Engelard de Cigogne, Peter, Guy, and Andrew de Chanceaux,
Guy de Cigogne, Geoffrey de Martigny and his brothers, Philip Mark
and his brothers, and Geoffrey his nephew, and all their
followers.}
{As soon as peace is restored, we will banish from our realm all
foreign knights, crossbowmen, sergeants, and mercenaries, who have
come with horses and arms, to the hurt of the realm.}
{If anyone has been disseised or deprived by us, without the legal
judgment of his peers, of lands, castles, liberties, or rights, we
will immediately restore the same, and if any disagreement arises
on this, the matter shall be decided by judgment of the twenty-
five barons mentioned below in the clause for securing the peace.
With regard to all those things, however, of which any man was
disseised or deprived, without the legal judgment of his peers, by
King Henry [II] our Father or our Brother King Richard, and which
remain in our hands or are held by others under our warranty, we
shall have respite during the term commonly allowed to the
Crusaders, excepting those cases in which a plea was begun or
inquest made on our order before we took the cross; when, however,
we return from our pilgrimage, or if perhaps we do not undertake
it, we will at once do full justice in these matters.}
{Likewise, we shall have the same respite in rendering justice
with respect to the disafforestation or retention of those forests
which Henry [II] our Father or Richard our Brother afforested, and
concerning custodies of lands which are of the fee of another,
which we hitherto have held by reason of the fee which some person
has held of us by knight's service, and to abbeys founded on fees
other than our own, in which the lord of that fee asserts his
right. When we return from our pilgrimage, or if we do not
undertake it, we will forthwith do full justice to the
complainants in these matters.}
[XXXIV. IN WHAT ONLY CASE A WOMAN SHALL HAVE AN APPEAL OF DEATH]
No one shall be arrested or imprisoned upon a woman's appeal for
the death of any person other than her husband [since no woman was
expected to personally engage in trial by combat].
[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN
AND A LEET COURT (COURT OF CRIMINAL JURISDICTION EXCEPTING
FELONIES)]