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Week 7
Magna Carta
“Magna Carta.” Internet History Sourcebooks Project.
Introductory Note
As might be expected, the text of the Magna Carta of 1215 bears many traces of haste, and is
clearly the product of much bargaining and many hands. Most of its clauses deal with specific, and
often long-standing, grievances rather than with general principles of law. Some of the grievances
are self-explanatory: others can be understood only in the context of the feudal society in which
they arose. Of a few clauses, the precise meaning is still a matter of argument.
In feudal society, the king’s barons held their lands `in fee’ (feudum) from the king, for an
oath to him of loyalty and obedience, and with the obligation to provide him with a fixed number of
knights whenever these were required for military service. At first the barons provided the knights
by dividing their estates (of which the largest and most important were known as `honours’) into
smaller parcels described as `knights’ fees’, which they distributed to tenants able to serve as
knights. But by the time of King John it had become more convenient and usual for the obligation
for service to be commuted for a cash payment known as `scutage’, and for the revenue so obtained
to be used to maintain paid armies.
Besides military service, feudal custom allowed the king to make certain other exactions
from his barons. In times of emergency, and on such special occasions as the marriage of his eldest
daughter, he could demand from them a financial levy known as an `aid’ (auxilium). When a baron
died, he could demand a succession duty or `relief’ (relevium) from the baron’s heir. If there was no
heir, or if the succession was disputed, the baron’s lands could be forfeited or `escheated’ to the
Crown. If the heir was under age, the king could assume the guardianship of his estates, and enjoy
all the profits from them-ven to the extent of despoliation-until the heir came of age. The king had
the right, if he chose, to sell such a guardianship to the highest bidder, and to sell the heir himself in
marriage for such price as the value of his estates would command. The widows and daughters of
barons might also be sold in marriage. With their own tenants, the barons could deal similarly.
The scope for extortion and abuse in this system, if it were not benevolently applied, was
obviously great and had been the subject of complaint long before King John came to the throne.
Abuses were, moreover, aggravated by the difficulty of obtaining redress for them, and in Magna
Carta the provision of the means for obtaining a fair hearing of complaints, not only against the king
and his agents but against lesser feudal lords, achieves corresponding importance.
About two-thirds of the clauses of the Magna Carta of 1215 are concerned with matters such
as these, and with the misuse of their powers by royal officials. As regards other topics, the first
clause, conceding the freedom of the Church, and in particular confirming its right to elect its own
dignitaries without royal interference, reflects John’s dispute with the Pope over Stephen Langton’s
election as archbishop of Canterbury: it does not appear in the Articles of the Barons, and its
somewhat stilted phrasing seems in part to be attempting to justify its inclusion, none the less, in the
charter itself. The clauses that deal with the royal forests, over which the king had special powers
and jurisdiction, reflect the disquiet and anxieties that had arisen on account of a longstanding royal
tendency to extend the forest boundaries, to the detriment of the holders of the lands affected. Those
that deal with debts reflect administrative problems created by the chronic scarcity of ready cash
among the upper and middle classes, and their need to resort to money-lenders when this was
required. The clause promising the removal of fish-weirs was intended to facilitate the navigation of
rivers. A number of clauses deal with the special circumstances that surrounded the making of the
charter, and are such as might be found in any treaty of peace. Others, such as those relating to the
city of London and to merchants, clearly represent concessions to special interests.
Translation
(Clauses marked (+) are still valid under the charter of 1225, but with a few minor amendments.
Clauses marked (*) were omitted in all later reissues of the charter. In the charter itself the clauses
are not numbered, and the text reads continuously. The translation sets out to convey the sense
rather than the precise wording of the original Latin.)
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 `feefarm’ 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 …
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