Edited Text © Matthew Woessner 2003

 

The Magna Carta (Edited)

 

June 15, 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, Justiciaries, Foresters, Sheriffs, Reeves, Ministers, and all Bailiffs and others, his faithful subjects, Greeting...

 

1. We have, in the first place, 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 rights in their integrity and her liberties untouched. 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 kingdom, 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.

 

2. If any of Our earls, barons, or others who hold of Us in chief by knight’s service shall die, and at the time of his death his heir shall be of full age and owe a relief, he shall have his inheritance by ancient relief; to wit, the heir or heirs of an earl of an entire earl’s barony, £ 100; the heir or heirs of a baron of an entire barony, £ 100; the heir or heirs of a knight of an entire knight’s fee, 100s. at the most; and he that owes less shall give less, according to the ancient custom of fees.

 

3. If, however, any such heir shall be under age and in ward, he shall, when he comes of age, have his inheritance without relief or fine.

 

4. 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 property; and if We shall have committed the wardship of any such land to the sheriff or any other person answerable to Us for the issues thereof, and he commit destruction or waste, We will take an amends from him, and the land shall be committed to two lawful and discreet men of that fee, who shall be answerable for the issues to Us or to whomsoever We shall have assigned them. And if We shall give or sell the wardship of any such land to anyone, and he commit destruction or waste upon it, he shall lose the wardship, which shall be committed to two lawful and discreet men of that fee, who shall, in like manner, be answerable unto Us as has been aforesaid.

 

5. 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 the whole to the heir when he comes of age, stocked with ploughs and tillage, according as the season may require and the issues of the land can reasonably bear.

 

6. Heirs shall be married without loss of station, and the marriage shall be made known to the heir’s nearest of kin before it be contracted.

 

7. A widow, after the death of her husband, shall immediately and without difficulty have her marriage portion 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.

 

8. No widow shall be compelled to marry so long as she has a mind to live without a husband, provided, however, that she give 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.

 

9. Neither We nor Our bailiffs shall seize any land or rent for any debt so long as the debtor’s chattels are sufficient to discharge the same; nor shall the debtor’s sureties be distrained so long as the debtor is able to pay the debt. If the debtor fails to pay, not having the means 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 the debt which they have paid for him, unless the debtor can show that he has discharged his obligation to them.

 

10. 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 so long as he remains under age, of whomsoever he may hold. If the debt shall fall into Our hands, We will take only the principal sum named in the bond.

 

11. 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.

 

13. The City of London shall have all her ancient 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.

 

16. No man shall be compelled to perform more service for a knight’s fee or other free tenement than is due therefrom.

 

20. A free man shall be amerced for a small fault only according to the measure thereof, and for a great crime according to its magnitude, saving his position; and in like manner a merchant saving his trade, 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.

 

21. Earls and barons shall be amerced only by their peers, and only in proportion to the measure of the offense.

 

22. No amercement shall be imposed upon a clerk’s lay property, except after the manner of the other persons aforesaid, and without regard to the value of his ecclesiastical benefice.

 

23. No village or person shall be compelled to build bridges over rivers except those bound by ancient custom and law to do so.

 

24. No sheriff, constable, coroners, or other of Our bailiffs shall hold pleas of Our Crown.

 

28. No constable or other of Our bailiffs shall take corn or other chattels of any man without immediate payment, unless the seller voluntarily consents to postponement of payment.

 

29. No constable shall compel any knight to give money 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 quit of castle-guard for the time he shall remain in service by Our command.

 

30. No sheriff or other of Our bailiffs, or any other man, shall take the horses or carts of any free man for carriage without the owner’s consent.

 

31. Neither We nor Our bailiffs will take another man’s wood for Our castles or for any other purpose without the owner’s consent.

 

32. We will retain the lands of persons convicted of felony for only a year and a day, after which they shall be restored to the lords of the fees.

 

35. There shall be one measure of wine throughout Our kingdom, and one of ale, and one measure of corn, to wit, the London quarter, and one breadth of dyed cloth, russets, and haberjets, to wit, two ells within the selvages. As with measures so shall it also be with weights.

 

38. In the future no bailiff shall upon his own unsupported accusation put any man to trial without producing credible witnesses to the truth of the accusation.

 

39. No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.

 

40. To no one will We sell, to none will we deny or delay, right or justice.

 

42. In the future it shall be lawful (except for a short period in time of war, for the common benefit of the realm) for anyone to leave and return to Our kingdom safely and securely by land and water, saving his fealty to Us. Excepted are those who have been imprisoned or outlawed according to the law of the land, people of the country at war with Us, and merchants, who shall be dealt with as aforesaid.

 

44. Persons dwelling outside the forest need not in the future come before Our justiciaries of the forest in answer to a general summons unless they be impleaded or are sureties for any person or persons attached for breach of forest laws.

 

45. We will appoint as justiciaries, constables, sheriffs, or bailiffs only such men as know the law of the land and will keep it well.

 

49. 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.

 

51. As soon as peace is restored, We will banish from Our kingdom all foreign knights, bowmen, attendants, and mercenaries, who have come with horses and arms, to the kingdom’s hurt.

 

52. 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 dispute shall arise thereupon, 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 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, except as to those matters on which a plea 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 should remain behind from it, We will at once do full justice.

 

54. No one shall be arrested or imprisoned upon a woman’s appeal for the death of any person other than her husband.

 

55. 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 settled by judgment of the twenty-five barons of whom mention is made 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 be interested in a suit of this kind, he or they shall be set aside, as to this particular judgment, and another or others, elected and sworn by the rest of the said barons for this occasion only, be substituted in his or their stead.

 

63. Wherefore We will, and firmly charge, that the English Church shall be free, and that all men in Our kingdom 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 moveover sworn, as well 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.