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)]
NO COUNTY COURT FROM HENCEFORTH SHALL BE HELD, BUT FROM MONTH TO
MONTH; AND WHERE GREATER TIME HAS BEEN USED, THERE SHALL BE
GREATER. NOR SHALL ANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN
THE HUNDRED BUT TWICE IN THE YEAR; AND NO WHERE BUT IN DUE PLACE
AND ACCUSTOMED TIME, THAT IS, ONCE AFTER EASTER, AND AGAIN AFTER
THE FEAST OF SAINT MICHAEL. AND THE VIEW OF FRANKPLEDGE [THE RIGHT
OF ASSEMBLING THE WHOLE MALE POPULATION OVER 12 YEARS EXCEPT
CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT THE LEET OR
SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT OF THE
PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] SHALL BE
LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, SO THAT
EVERY MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO HAVE, IN
THE TIME OF KING HENRY [II] OUR GRANDFATHER, OR WHICH HE HAS SINCE
PURCHASED. THE VIEW OF FRANKPLEDGE SHALL BE SO DONE, THAT OUR
PEACE MAY BE KEPT; AND THAT THE TYTHING BE WHOLLY KEPT AS IT HAS
BEEN ACCUSTOMED; AND THAT THE SHERIFF SEEK NO OCCASIONS, AND THAT
HE BE CONTENT WITH SO MUCH AS THE SHERIFF WAS WONT TO HAVE FOR HIS
VIEW-MAKING IN THE TIME OF KING HENRY OUR GRANDFATHER.
[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN]
IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO
ANY RELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF
THE SAME HOUSE [THEREBY EXTINGUISHING THE FEUDAL RIGHTS OF THE
TEMPORAL LORD]. NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION TO
TAKE THE LANDS OF ANY, AND TO LEASE THE SAME TO HIM OF WHOM HE
RECEIVED IT. IF ANY FROM HENCEFORTH GIVE HIS LANDS TO ANY
RELIGIOUS HOUSE, AND THEREUPON BE CONVICTED, THE GIFT SHALL BE
UTTERLY VOID, AND THE LAND SHALL ACCRUE TO THE LORD OF THE FEE.
{All fines unjustly and unlawfully given to us, and all
amercements levied unjustly and against the law of the land, shall
be entirely remitted or the matter decided by judgment of the
twenty-five barons mentioned below in the clause for securing the
peace, or the majority of them, together with the aforesaid
Stephen, Archbishop of Canterbury, if he himself can be present,
and any others whom he may wish to bring with him for the purpose;
if he cannot be present, the business shall nevertheless proceed
without him. If any one or more of the said twenty-five barons has
an interest in a suit of this kind, he or they shall step down for
this particular judgment, and be replaced by another or others,
elected and sworn by the rest of the said barons, for this
occasion only.}
{If we have disseised or deprived the Welsh of lands, liberties,
or other things, without legal judgment of their peers, in England
or Wales, they shall immediately be restored to them, and if a
disagreement arises thereon, the question shall be determined in
the Marches by judgment of their peers according to the law of
England as to English tenements, the law of Wales as to Welsh
tenements, the law of the Marches as to tenements in the Marches.
The same shall the Welsh do to us and ours.}
{But with regard to all those things of which any Welshman was
disseised or deprived, without legal judgment of his peers, by
King Henry [II] our Father or our Brother King Richard, and which
we hold in our hands or others hold under our warranty, we shall
have respite during the term commonly allowed to the Crusaders,
except as to those matters whereon a suit had arisen or an
inquisition had been taken by our command prior to our taking the
cross. Immediately after our return from our pilgrimage, or if by
chance we do not undertake it, we will do full justice according
to the laws of the Welsh and the aforesaid regions.}
{We will immediately return the son of Llywelyn, all the Welsh
hostages, and the charters which were delivered to us as security
for the peace.}
{With regard to the return of the sisters and hostages of
Alexander, King of the Scots, and of his liberties and rights, we
will do the same as we would with regard to our other barons of
England, unless it appears by the charters which we hold of
William his father, late King of the Scots, that it ought to be
otherwise; this shall be determined by judgment of his peers in
our court.}
[XXXVII. SUBSIDY IN RESPECT OF THIS CHARTER, AND THE CHARTER OF
THE FOREST, GRANTED TO THE KING.]
ESCUAGE [SHIELD MILITARY SERVICE] FROM HENCEFORTH SHALL BE TAKEN
AS IT WAS WONT TO BE IN THE TIME OF KING HENRY [II] OUR
GRANDFATHER; RESERVING TO ALL ARCHBISHOPS, BISHOPS, ABBOTS,
PRIORS, TEMPLERS, HOSPITALLERS, EARLS, BARONS, AND ALL PERSONS AS
WELL SPIRITUAL AS TEMPORAL; ALL THEIR FREE LIBERTIES AND FREE
CUSTOMS, WHICH THEY HAVE HAD IN TIME PASSED. AND ALL THESE CUSTOMS
AND LIBERTIES AFORESAID, WHICH WE HAVE GRANTED TO BE HELD WITHIN
THIS OUR REALM, AS MUCH AS PERTAINS TO US AND OUR HEIRS, WE SHALL
OBSERVE.
{All the customs and liberties aforesaid, which we have granted to
be enjoyed, as far as it pertains to us towards our people
throughout our realm, let all our subjects, whether clerics or
laymen, observe, as far as it pertains toward their dependents.}
AND ALL MEN OF THIS OUR REALM, AS WELL SPIRITUAL AS TEMPORAL (AS
MUCH AS IN THEM IS) SHALL OBSERVE THE SAME AGAINST ALL PERSONS IN
LIKE WISE. AND FOR THIS OUR GIFT AND GRANT OF THESE LIBERTIES, AND
OF OTHER CONSTRAINED IN OUR CHARTER OF LIBERTIES OF OUR FOREST,
THE ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, KNIGHTS,
FREEHOLDERS, AND OUR OTHER SUBJECTS, HAVE GIVEN UNTO US THE
FIFTEENTH PART OF ALL THEIR MOVABLES. AND WE HAVE GRANTED UNTO
THEM ON THE OTHER PART, THAT NEITHER WE, NOR OUR HEIRS, SHALL
PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN THIS CHARTER
CONTAINED SHALL BE INFRINGED OR BROKEN. AND IF ANY THING BE
PROCURED BY ANY PERSON CONTRARY TO THE PREMISES, IT SHALL BE HAD
OF NO FORCE NOR EFFECT.
[ENFORCEMENT]
{Whereas we, for the honor of God and the reform of our realm, and
in order the better to allay the discord arisen between us and our
barons, have granted all these things aforesaid. We, willing that
they be forever enjoyed wholly and in lasting strength, do give
and grant to our subjects the following security, to wit, that the
barons shall elect any twenty-five barons of the realm they wish,
who shall, with their utmost power, keep, hold, and cause to be
kept the peace and liberties which we have granted unto them and
by this our present Charter have confirmed, so that if we, our
Justiciary, bailiffs, or any of our ministers offends in any
respect against any man, or transgresses any of these articles of
peace or security, and the offense is brought before four of the
said twenty-five barons, those four barons shall come before us,
or our Chief Justiciary if we are out of the realm, declaring the
offense, and shall demand speedy amends for the same. If we or, in
case of our being out of the realm, our Chief Justiciary fails to
afford redress within forty days from the time the case was
brought before us or, in the event of our having been out of the
realm, our Chief Justiciary, the aforesaid four barons shall refer
the matter to the rest of the twenty-five barons, who, together
with the commonalty of the whole country, shall distrain and
distress us to the utmost of their power, to wit, by capture of
our castles, lands, and possessions and by all other possible
means, until compensation is made according to their decision,
saving our person and that of our Queen and children; as soon as
redress has been had, they shall return to their former
allegiance. Anyone in the realm may take oath that, for the
accomplishment of all the aforesaid matters, he will obey the
orders of the said twenty-five barons and distress us to the
utmost of his power; and we give public and free leave to everyone
wishing to take oath to do so, and to none will we deny the same.
Moreover, all such of our subjects who do not of their own free
will and accord agree to swear to the said twenty-five barons, to
distrain and distress us together with them, we will compel to do
so by our command in the aforesaid manner. If any one of the
twenty-five barons dies or leaves the country or is in any way
hindered from executing the said office, the rest of the said
twenty-five barons shall choose another in his stead, at their
discretion, who shall be sworn in like manner as the others. In
all cases which are referred to the said twenty-five barons to
execute, and in which a difference arises among them, supposing
them all to be present, or in which not all who have been summoned
are willing or able to appear, the verdict of the majority shall
be considered as firm and binding as if the whole number had been
of one mind. The aforesaid twenty-five shall swear to keep
faithfully all the aforesaid articles and, to the best of their
power, to cause them to be kept by others. We will not procure,
either by ourself or any other, anything from any man whereby any
of these concessions or liberties may be revoked or abated. If any
such procurement is made, let it be null and void; it shall never
be made use of either by us or by any other.}
[AMNESTY]
{We have also fully forgiven and pardoned all ill-will, wrath, and
malice which has arisen between us and our subjects, both clergy
and laymen, during the disputes, to and with all men. Moreover, we
have fully forgiven and, as far as it pertains to us, wholly
pardoned to and with all, clergy and laymen, all offenses made in
consequence of the said disputes from Easter in the sixteenth year
of our reign until the restoration of peace. Over and above this,
we have caused letters patent to be made for Stephen, Archbishop
of Canterbury, Henry, Archbishop of Dublin, the above-mentioned
Bishops, and Master Pandulph, for the aforesaid security and
concessions.}
{Wherefore we will that, and firmly command that, the English
Church shall be free and all men in our realm shall have and hold
all the aforesaid liberties, rights, and concessions, well and
peaceably, freely, quietly, fully, and wholly, to them and their
heirs, of us and our heirs, in all things and places forever, as
is aforesaid. It is moreover sworn, as will on our part as on the
part of the barons, that all these matters aforesaid shall be kept
in good faith and without deceit. Witness the above-named and many
others. Given by our hand in the meadow which is called Runnymede,
between Windsor and Staines, on the fifteenth day of June in the
seventeenth year of our reign.}
THESE BEING WITNESSES: LORD S. ARCHBISHOP OF CANTERBURY, E. BISHOP
OF LONDON, F. BISHOP OF BATHE, G. OF WINCESTER, H. OF LINCOLN, R.
OF SALISBURY, W. OF ROCHESTER, X. OF WORCESTER, F. OF ELY, H. OF
HEREFORD, R. OF CHICHESTER, W. OF EXETER, BISHOPS; THE ABBOT OF
ST. EDMONDS, THE ABBOT OF ST. ALBANS, THE ABBOT OF BELLO, THE
ABBOT OF ST. AUGUSTINES IN CANTERBURY, THE ABBOT OF EVESHAM, THE
ABBOT OF WESTMINSTER, THE ABBOT OF BOURGH ST. PETER, THE ABBOT OF
REDING, THE ABBOT OF ABINDON, THE ABBOT OF MALMBURY, THE ABBOT OF
WINCHCOMB, THE ABBOT OF HYDE, THE ABBOT OF CERTESEY, THE ABBOT OF
SHERBURN, THE ABBOT OF CERNE, THE ABBOT OF ABBOREBIR, THE ABBOT OF
MIDDLETON, THE ABBOT OF SELEBY, THE ABBOT OF CIRENCESTER, H. DE
BURGH JUSTICE, H. EARL OF CHESTER AND LINCOLN, W. EARL OF
SALISBURY, W. EARL OF WARREN, G. DE CLARE EARL OF GLOUCESTER AND
HEREFORD, W. DE FERRARS EARL OF DERBY, W. DE MANDEVILLE EARL OF
ESSEX, H. DE BYGOD EARL OF NORFOLK, W. EARL OF ALBEMARLE, H. EARL
OF HEREFORD, F. CONSTABLE OF CHESTER, G. DE TOS, H. FITZWALTER, R.
DE BYPONTE, W. DE BRUER, R. DE MONTEFICHET, P. FITZHERBERT, W. DE
AUBENIE, F. GRESLY, F. DE BREUS, F. DE MONEMUE, F. FITZALLEN, H.
DE MORTIMER, W. DE BEUCHAMP, W. DE ST. JOHN, P. DE MAULI, BRIAN DE
LISLE, THOMAS DE MULTON, R. DE ARGENTEYN, G. DE NEVIL, W. DE
MAUDUIT, F. DE BALUN, AND OTHERS. GIVEN AT WESTMINSTER THE 11TH
DAY OF FEBRUARY THE 9TH YEAR OF OUR REIGN.
WE, RATIFYING AND APPROVING THESE GIFTS AND GRANTS AFORESAID,
CONFIRM AND MAKE STRONG ALL THE SAME FOR US AND OUR HEIRS
PERPETUALLY, AND BY THE TENOUR OF THESE PRESENTS, DO RENEW THE
SAME; WILLING AND GRANTING FOR US AND OUR HEIRS, THAT THIS
CHARTER, AND ALL SINGULAR HIS ARTICLES, FOREVER SHALL BE
STEADFASTLY, FIRMLY, AND INVIOLABLY OBSERVED; AND IF ANY ARTICLE IN
THE SAME CHARTER CONTAINED, YET HITHERTO PERADVENTURE HAS NOT BEEN
KEPT, WE WILL, AND BY ROYAL AUTHORITY, COMMAND, FROM HENCEFORTH
FIRMLY THEY BE OBSERVED.
Statutes which were enacted after the Magna Carta follow:
Nuisance is recognized by this statute: "Every freeman, without
danger, shall make in his own wood, or in his land, or in his
water, which he has within our Forest, mills, springs, pools, clay
pits, dikes, or arable ground, so that it does not annoy any of
his neighbors."
Anyone taking a widow's dower after her husband's death must not
only return the dower, but pay damages in the amount of the value
of the dower from the time of death of the husband until her
recovery of seisin.
Widows may bequeath the crop of their ground as well of their
dowers as of their other lands and tenements.
Freeholders of tenements on manors shall have sufficient ingress
and egress from their tenements to the common pasture and as much
pasture as suffices for their tenements.
"Grain shall not be taken under the pretense of borrowing or the
promise of after-payment without the permission of the owner."
"A parent or other who forcefully leads away and withholds, or
marries off, an heir who is a minor (under 14), shall yield the
value of the marriage and be imprisoned until he has satisfied the
king for the trespass. If an heir 14 years or older marries
without his Lord's permission to defraud him of the marriage and
the Lord offers him reasonable and convenient marriage, without
disparagement, then the Lord shall hold his land beyond the term
of his age, that, of twenty one years, so long that he may receive
double the value of the marriage as estimated by lawful men, or
after as it has been offered before without fraud or collusion,
and after as it may be proved in the King's Court. Any Lord who
marries off a ward of his who is a minor and cannot consent to
marriage, to a villain or other, such as a burgess, whereby the
ward is disparaged, shall lose the wardship and all its profits if
the ward's friends complain of the Lord. The wardship and profit
shall be converted to the use of the heir, for the shame done to
him, after the disposition and provision of his friends." (The
"marriage" could be annulled by the church.)
"If an heir of whatever age will not marry at the request of his
Lord, he shall not be compelled thereunto; but when he comes of
age, he shall pay to his Lord the value of the marriage before
receiving his land, whether or not he himself marries."
"Interest shall not run against any minor, from the time of death
of his ancestor until his lawful age; so nevertheless, that the
payment of the principal debt, with the interest that was before
the death of his ancestor shall not remain."
The value of debts to be repaid to the king or to any man shall be
reasonably determined by the debtor's neighbors and not by
strangers. A debtors' plough cattle or sheep cannot be taken to
satisfy a debt.
The wards and escheats of the king shall be surveyed yearly by
three people assigned by the King. The sheriffs, by their counsel,
shall approve and let to farm such wards and escheats as they
think most profitable for the King. The Sheriffs shall be
answerable for the issues thereof in the Exchequer at designated
times. The collectors of the customs on wool exports shall pay
this money at the two designated times and shall make yearly
accounts of all parcels in ports and all ships.
By statute leap year was standardized throughout the nation, "the
day increasing in the leap year shall be accounted in that year",
"but it shall be taken and reckoned in the same month wherein it
grew and that day and the preceding day shall be counted as one
day."
"An English penny, called a sterling, round and without any
clipping, shall weigh 32 wheat grains dry in the middle of the
ear."
Measurements of distance were standardized to twelve inches to a
foot, three feet to a yard, and so forth up to an acre of land.
Goods which could only be sold by the standard weights and
measures (such as ounces, pounds, gallons, bushels) included sacks
of wool, leather, skins, ropes, glass, iron, lead, canvas, linen
cloth, tallow, spices, confections cheese, herrings, sugar,
pepper, cinnamon, nutmeg, wheat, barley, oats, bread, and ale. The
prices required for bread and ale were based on the market price
for the wheat, barley, and oats from which they were made.
The punishment for repeated violations of required measures,
weights, or prices of bread and ale by a baker or brewer; selling
of spoiled or unwholesome wine, meat, fish by brewers, butchers,
or cooks; or a steward or bailiff receiving a bribe was reduced to
placement in a pillory with a shaven head so that these men would
still be fit for military service and not overcrowd the gaols.
Forest penalties were changed so that "No man shall lose either
life or member [limb] for killing of our deer. But if any man be
taken and convicted for taking our venison, he shall make a
grievous fine, if he has anything. And if he has nothing to lose,
he shall be imprisoned for a year and a day. And after that, if he
can find sufficient sureties, he shall be delivered, and, if not,
he shall abjure the realm of England."
The Forest Charter provided that: Every freeman may allow his pigs
to eat in his own wood in the King's forest. He may also drive his
pigs through the King's forest and tarry one night within the
forest without losing any of his pigs. But people having
greyhounds must keep them out of the forest so they don't maim the
deer.
The Forest Charter also allowed magnates traveling through the
King's forest on the King's command to come to him, to kill one or
two deer as long as it was in view of the forester if he was
present, or while having a horn blown, so it did not seem to be
theft.
After a period of civil war, the following statutes were enacted:
"All persons, as well of high as of low estate, shall receive
justice in the King's Court; and none shall take any such revenge
or distress by his own authority, without award of our court,
although he is damaged or injured, whereby he would have amends of
his neighbor either higher or lower." The penalty is a fine
according to the trespass.
A fraudulent conveyance to a minor or lease for a term of years
made to defraud a Lord of a wardship shall be void. A Lord who
maliciously and wrongfully alleges this to a court shall pay
damages and costs.
If a Lord will not render unto an heir his land when he comes of
age or takes possession away from an heir of age or removes
anything from the land, he shall pay damages. (The king retained
the right to take possession of an heir's land for a year or, in
lieu of this, to take one year's profit from the land in addition
to the relief.)
Kinsmen of a minor heir who have custody of his land held in
socage shall make no waste, sale, nor destruction of the
inheritance and shall answer to the heir when he comes of age for
the issues of the land, except for the reasonable costs of these
guardians.
No lord may distrain any of his tenants. No one may drive animals
taken by distraint out of the county where they have been taken.
"Farmers during their terms, shall not make waste, sale, nor exile
of house, woods, and men, nor of any thing else belonging to the
tenements which they have to farm".
Church law required that planned marriages be publicly announced
by the priest so that any impediment could be made known. If a
marriage was clandestine or both parties knew of an impediment, or
it was within the prohibited degrees of consanguinity, the
children would be illegitimate. According to church rules, a man
could bequeath his personal property subject to certain family
rights. These were that if only the wife survived, she received
half the property. Similarly, if children survived, but no wife,
they received half the property. When the wife and children
survived, each party received one third. The church hoped that the
remaining fraction would go to the church as a reward for praying
for the deceased's soul. It taught that dying without a will was
sinful. Adults were to confess their sins at least yearly to their
parish priest, which confession would be confidential.
Henry de Bracton, a royal justice and the last great
ecclesiastical attorney, wrote an unfinished treatise: A Tract on
the Laws and Customs of England, systematizing and organizing the
law of the court rolls with definitions and general concepts and
describing court practice and procedure. It was influenced by his
knowledge of Roman legal concepts, such as res judicata, and by
his own opinions, such as that the law should go from precedent to
precedent. He also argued that the will and intent to injure was
the essence of murder, so that neither an infant nor a madman
should be held liable for such and that degrees of punishment
should vary with the level of moral guilt in a killing. He thought
the deodand to be unreasonable.