The Magna Carta

The Magna Carta

(unknown author)

The Text of 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.

(30) No sheriff, royal official, or other person shall take horses or

carts for transport from any free man, without his consent.

(31) Neither we nor any royal official will take wood for our castle,

or for any other purpose, without the consent of the owner.

(32) We will not keep the lands of people convicted of felony in our

hand for longer than a year and a day, after which they shall be

returned to the lords of the `fees' concerned.

(33) All fish-weirs shall be removed from the Thames, the Medway, and

throughout the whole of England, except on the sea coast.

(34) The writ called precipe shall not in future be issued to anyone

in respect of any holding of land, if a free man could thereby be

deprived of the right of trial in his own lord's court.

(35) There shall be standard measures of wine, ale, and corn (the

London quarter), throughout the kingdom. There shall also be a

standard width of dyed cloth, russett, and haberject, namely two ells

within the selvedges. Weights are to be standardised similarly.

(36) In future nothing shall be paid or accepted for the issue of a

writ of inquisition of life or limbs. It shall be given gratis, and

not refused.

(37) If a man holds land of the Crown by `fee-farm', `socage', or

`burgage', and also holds land of someone else for knight's service,

we will not have guardianship of his heir, nor of the land that

belongs to the other person's `fee', by virtue of the `fee-farm',

`socage', or `burgage', unless the `fee-farm' owes knight's service.

We will not have the guardianship of a man's heir, or of land that he

holds of someone else, by reason of any small property that he may

hold of the Crown for a service of knives, arrows, or the like.

(38) In future no official shall place a man on trial upon his own

unsupported statement, without producing credible witnesses to the

truth of it.

(39) No free man shall be seized or imprisoned, or stripped of his

rights or possessions, or outlawed or exiled, or deprived of his

standing in any other way, nor will we proceed with force against him,

or send others to do so, except by the lawful judgement of his equals

or by the law of the land.

(40) To no one will we sell, to no one deny or delay right or justice.

(41) All merchants may enter or leave England unharmed and without

fear, and may stay or travel within it, by land or water, for purposes

of trade, free from all illegal exactions, in accordance with ancient

and lawful customs. This, however, does not apply in time of war to

merchants from a country that is at war with us. Any such merchants

found in our country at the outbreak of war shall be detained without

injury to their persons or property, until we or our chief justice

have discovered how our own merchants are being treated in the country

at war with us. If our own merchants are safe they shall be safe too.

(42) In future it shall be lawful for any man to leave and return to

our kingdom unharmed and without fear, by land or water, preserving

his allegiance to us, except in time of war, for some short period,

for the common benefit of the realm. People that have been imprisoned

or outlawed in accordance with the law of the land, people from a

country that is at war with us, and merchants - who shall be dealt

with as stated above - are excepted from this provision.

(43) If a man holds lands of any `escheat' such as the `honour' of

Wallingford, Nottingham, Boulogne, Lancaster, or of other `escheats'

in our hand that are baronies, at his death his heir shall give us

only the `relief' and service that he would have made to the baron,

had the barony been in the baron's hand. We will hold the `escheat' in

the same manner as the baron held it.

(44) People who live outside the forest need not in future appear

before the royal justices of the forest in answer to general

summonses, unless they are actually involved in proceedings or are

sureties for someone who has been seized for a forest offence.

(45) We will appoint as justices, constables, sheriffs, or other

officials, only men that know the law of the realm and are minded to

keep it well.

(46) All barons who have founded abbeys, and have charters of English

kings or ancient tenure as evidence of this, may have guardianship of

them when there is no abbot, as is their due.

(47) All forests that have been created in our reign shall at once be

disafforested. River-banks that have been enclosed in our reign shall

be treated similarly.

(48) All evil customs relating to forests and warrens, foresters,

warreners, sheriffs and their servants, or river-banks and their

wardens, are at once to be investigated in every county by twelve

sworn knights of the county, and within forty days of their enquiry

the evil customs are to be abolished completely and irrevocably. But

we, or our chief justice if we are not in England, are first to be

informed.

(49) We will at once return all hostages and charters delivered up

to us by Englishmen as security for peace or for loyal service.

***here were some strange characters, not completely removed

(50) We will remove completely from their offices the kinsmen of

Gerard de Ath, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, and in

future they shall hold no offices in England. The

people in question are Engelard de Cigogn, Geoffrey de Martigny and his

brothers, Philip Marc and his brothers, with Geoffrey his nephew,

and all their followers.

* As soon as peace is restored, we will remove from the kingdom all

the foreign knights, bowmen, their attendants, and the mercenaries

that have come to it, to its harm, with horses and arms.

* To any man whom we have deprived or dispossessed of lands,

castles, liberties, or rights, without the lawful judgement of his

equals, we will at once restore these. In cases of dispute the

matter shall be resolved by the judgement of the twenty-five

barons referred to below in the clause for securing the peace. In

cases, however, where a man was deprived or dispossessed of

something without the lawful judgement of his equals by our father

King Henry or our brother King Richard, and it remains in our

hands or is held by others under our warranty, we shall have

respite for the period commonly allowed to Crusaders, unless a

lawsuit had been begun, or an enquiry had been made at our order,

before we took the Cross as a Crusader. On our return from the

Crusade, or if we abandon it, we will at once render justice in

full.

* We shall have similar respite in rendering justice in connexion

with forests that are to be disafforested, or to remain forests,

when these were first aforested by our father Henry or our brother

Richard; with the guardianship of lands in another persons fee,

when we have hitherto had this by virtue of a fee held of us for

knights service by a third party; and with abbeys founded in

another persons fee, in which the lord of the fee claims to own a

right. On our return from the Crusade, or if we abandon it, we

will at once do full justice to complaints about these matters.

* No one shall be arrested or imprisoned on the appeal of a woman

for the death of any person except her husband.

* All fines that have been given to us unjustly and against the law

of the land, and all fines that we have exacted unjustly, shall be

entirely remitted or the matter decided by a majority judgement of

the twenty-five barons referred to below in the clause for

securing the peace together with Stephen, archbishop of

Canterbury, if he can be present, and such others as he wishes to

bring with him. If the archbishop cannot be present, proceedings

shall continue without him, provided that if any of the

twenty-five barons has been involved in a similar suit himself,

his judgement shall be set aside, and someone else chosen and

sworn in his place, as a substitute for the single occasion, by

the rest of the twenty-five.

* If we have deprived or dispossessed any Welshmen of lands,

liberties, or anything else in England or in Wales, without the

lawful judgement of their equals, these are at once to be returned

to them. A dispute on this point shall be determined in the

Marches by the judgement of equals. English law shall apply to

holdings of land in England, Welsh law to those in Wales, and the

law of the Marches to those in the Marches. The Welsh shall treat

us and ours in the same way.

* In cases where a Welshman was deprived or dispossessed of

anything, without the lawful judgement of his equals, by our

father King Henry or our brother King Richard, and it remains in

our hands or is held by others under our warranty, we shall have

respite for the period commonly allowed to Crusaders, unless a

lawsuit had been begun, or an enquiry had been made at our order,

before we took the Cross as a Crusader. But on our return from the

Crusade, or if we abandon it, we will at once do full justice

according to the laws of Wales and the said regions.

* We will at once return the son of Llywelyn, all Welsh hostages,

and the charters delivered to us as security for the peace.

* With regard to the return of the sisters and hostages of

Alexander, king of Scotland, his liberties and his rights, we will

treat him in the same way as our other barons of England, unless

it appears from the charters that we hold from his father William,

formerly king of Scotland, that he should be treated otherwise.

This matter shall be resolved by the judgement of his equals in

our court.

* All these customs and liberties that we have granted shall be

observed in our kingdom in so far as concerns our own relations

with our subjects. Let all men of our kingdom, whether clergy or

laymen, observe them similarly in their relations with their own

men.

***Strange characters may have ended here.

SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better

ordering of our kingdom, and to allay the discord that has arisen

between us and our barons, and since we desire that they shall be

enjoyed in their entirety, with lasting strength, for ever, we give

and grant to the barons the following security:

* The barons shall elect twenty-five of their number to keep, and

cause to be observed with all their might, the peace and liberties

granted and confirmed to them by this charter.

* If we, our chief justice, our officials, or any of our servants

offend in any respect against any man, or transgress any of the

articles of the peace or of this security, and the offence is made

known to four of the said twenty-five barons, they shall come to

us - or in our absence from the kingdom to the chief justice - to

declare it and claim immediate redress. If we, or in our absence

abroad the chief justice, make no redress within forty days,

reckoning from the day on which the offence was declared to us or

to him, the four barons shall refer the matter to the rest of the

twenty-five barons, who may distrain upon and assail us in every

way possible, with the support of the whole community of the land,

by seizing our castles, lands, possessions, or anything else

saving only our own person and those of the queen and our

children, until they have secured such redress as they have

determined upon. Having secured the redress, they may then resume

their normal obedience to us.

* Any man who so desires may take an oath to obey the commands of

the twenty-five barons for the achievement of these ends, and to

join with them in assailing us to the utmost of his power. We give

public and free permission to take this oath to any man who so

desires, and at no time will we prohibit any man from taking it.

Indeed, we will compel any of our subjects who are unwilling to

take it to swear it at our command.

* If-one of the twenty-five barons dies or leaves the country, or is

prevented in any other way from discharging his duties, the rest

of them shall choose another baron in his place, at their

discretion, who shall be duly sworn in as they were.

* In the event of disagreement among the twenty-five barons on any

matter referred to them for decision, the verdict of the majority

present shall have the same validity as a unanimous verdict of the

whole twenty-five, whether these were all present or some of those

summoned were unwilling or unable to appear.

* The twenty-five barons shall swear to obey all the above articles

faithfully, and shall cause them to be obeyed by others to the

best of their power.

* We will not seek to procure from anyone, either by our own efforts

or those of a third party, anything by which any part of these

concessions or liberties might be revoked or diminished. Should

such a thing be procured, it shall be null and void and we will at

no time make use of it, either ourselves or through a third party.

We have remitted and pardoned fully to all men any ill-will, hurt, or

grudges that have arisen between us and our subjects, whether clergy

or laymen, since the beginning of the dispute.

We have in addition remitted fully, and for our own part have also

pardoned, to all clergy and laymen any offences committed as a result

of the said dispute between Easter 1215 AD and the restoration of

peace.

In addition we have caused letters patent to be made for the barons,

bearing witness to this security and to the concessions set out above,

over the seals of Stephen archbishop of Canterbury, Henry archbishop

of Dublin, the other bishops named above, and Master Pandulf.

IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall

be free, and that men in our kingdom shall have and keep all these

liberties, rights, and concessions, well and peaceably in their

fulness and entirety for them and their heirs, of us and our heirs, in

all things and all places for ever.

Both we and the barons have sworn that all this shall be observed in

good faith and without deceit. Witness the above mentioned people and

many others.

Given by our hand in the meadow that is called Runnymede, between

Windsor and Staines, on the fifteenth day of June in the seventeenth

year of our reign .

***

[There were many missing spaces in this one, not sure I got them all]

Magna Carta 1215

John, by the grace of God, king of England, lord of Ireland, duke of

Normandy and Aquitaine, and count of Anjou, to the archbishops,

bishops, abbots, earls, barons, justiciars, foresters, sheriffs,

stewards, servants, and to all his bailiffs and liege subjects,

greeting. 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 holy church, and for the reform of

our realm, 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 Marshall earl of Pembroke,

William earl of Salisbury, William earl of Warenne, William earl

of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz

Gerald, Peter Fits Herbert, Hubert de Burgh (seneschal of Poitou), Hugh

de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip

d'Aubigny, Robert of Roppesley, John Marshall, 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 for ever 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 for ever. We have also granted to all freemen of our kingdom, for

us and our heirs for ever, all the underwritten liberties, to be had

and held by them and their heirs, of us and our heirs for ever.

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 of full age and owe "relief" he shall have his inheritance on

payment of the ancient relief, namely the heir or heirs of an earl, 100

pounds for a whole earl's barony; the heir or heirs of a baron, 100

pounds for a whole barony; the heir or heirs of a knight, 100 shillings

at most for a whole knight's fee; and whoever owes less let him give

less, according to the ancient custom officers.

3. If, however, the heir of any 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 reasonably 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

waste 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 there in 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 "waynage," according as the season of

husbandry shall require, and the issues of the land can reasonably 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

fourty 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 shall seize any land or rent for any

debt, so 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 can 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 any one 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 underage, 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 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.

13. And the city of London shall have all its 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

moreover cause to be summoned generally, through our sheriffs and

bailiffs, all 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 any one license to take an aid

from his own free tenants, except to ransom his body, 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'ancester, 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 justiciars through

every county four times a year, who shall, along with four knights of

the county chosen by the county, hold the said assize 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 impsed 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, hundreds, wapentakes, and trithings (except our

demesne manors) shall remain at old rents, and without any additional

payment.***here may be an error

26. If any one 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 to us, it shall be lawful for our sheriff or bailiff

to attach and catalogue 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 then be removed until the debt

which is evident shall be fully paid to us; and the residue shall be

left to the executors to fulfil 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 any one 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 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 of those

who have been convicted of felony, and the lands shall thereafter be

handed over to the lords of the fiefs.

33. All kiddles 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 any one, 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 selvages; 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 any one holds of us by fee-farm, by socage, or by burgage,

and holds also land of another lord 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 is 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 serjeanty which any one may hold of us by the service of

rendering to us knives, arrows, or the like, have wardship of his heir

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 any one to his "law," without credible witnesses brought

for this purpose.

39. No freeman shall be taken or imprisoned or disseised or exiled or

in anyway 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 any one (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 is 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 any one 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 justiciars of the forest upon a general summons, except those who

are impleaded, or who have become sureties for any person or persons

attached for forest offenses.

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 disafforested; 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 be 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 or of faithful service.

50. We will entirely remove from their bailiwicks, the relations of

Gerard 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, Geofrrey 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, cross-bowmen, serjeants, and mercenary

soldiers, who have come with horses and arms to the kingdom's hurt.

52. If any one 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 any one has,

without the lawful judgment of his peers, be endisseised or removed, by

our father, King Henry, or by our brother, King Richard, and which we

retain in our hand (or which are 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 were turn from our expedition (or if perchance we desist 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 wardship of lands which are of the fief of

another (namely, such wardships as we have hitherto had by reason of a

fief which any one held of us by knight's service), and concerning

abbeys founded on other fiefs than our own, in which the lord of the

fief 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 of whom mention

is made below in the clause for securing the peace, 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 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, 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 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 toward 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 toward 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

observance of which we have granted in our kingdom as far as pertains

to us toward our men, shall be observed by all of our kingdom, as well

clergy as laymen, as far as pertains to them toward their men.

61. Since, moreover, 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 for ever, 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

toward any one, or shall have broken any one of the articles of

the 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

land, 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 toward 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 every one who wishes to swear, and

we shall never forbid any one to swear. All those, moreover, 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 aforesaid.

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 intrusted to these twenty-five barons, if perchance these

twenty-five are 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 any one, directly or indirectly, whereby any part of

these concessions and liberties might be revoked or diminished; and if

any such thing has been procured, let it be void and null, and we shall

never use it personally or by another.

62. And all the ill-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 every one. 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 it is our will, and we firmly enjoin, 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 for ever, as is

aforesaid. An oath, moreover, has been taken, as well on our part as on

the part 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.

***

The text of THE MAGNA CARTA

The Magna Carta (The Great Charter):

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.