Magna
Carta
A translation
of Magna Carta as confirmed by Edward I with his seal in 1297
[Preamble]
EDWARD by the grace of God, King of England, Lord of Ireland, and Duke
of Guyan, to all Archbishops, Bishops, etc. We have seen the Great Charter
of the Lord HENRY, sometimes King of England, our father, of the Liberties
of England, in these words: Henry by the grace of God, King of England,
Lord of Ireland, Duke of Normandy and Guyan, and Earl of Anjou, to all
Archbishops, Bishops, Abbots, Priors, Earls, Barons, Sheriffs, Provosts,
Officers, and to all Bailiffs and other our faithful Subjects , which
shall see this present Charter, Greeting. Know ye that we, unto the honour
of Almighty God, and for the salvation of the souls of our progenitors
and successors, Kings of England, to the advancement of holy Church, and
amendment of our Realm, of our meer and free will, have given and granted
to all Archbishops, Bishops, Abbots, Priors, Earls, Barons, and to all
freemen of this our realm, these liberties following, to be kept in our
kingdom of England for ever.
[1] First,
We have granted to God, and by this our present Charter have confirmed,
for us and our Heirs for ever, That the Church of England shall be free,
and shall have her whole rights and liberties inviolable. We have granted
also, and given to all the freemen of our realm, for us and our Heirs
for ever, these liberties underwritten, to have and to hold to them and
their Heirs, of us and our Heirs for ever.
[2] If any
of our Earls or Barons, or any other, which holdeth of Us in chief by
Knights service, shall die and at the time of his death his heir be of
full age, and oweth us Relief, he shall have his inheritance by the old
Relief; that is to say, the heir or heirs of an Earl, for a whole Earldom,
by one hundred pound; the heir or heirs of a Baron, for an whole Barony,
by one hundred marks; the heir or heirs of a Knight, for one whole Knights
fee, one hundred shillings at the most; and he that hath less, shall give
less, according to the custom of the fees.
[3] But
if the Heir of any such be within age, his Lord shall not have the ward
of him, nor of his land, before that he hath taken him homage. And after
that such an heir hath been in ward (when he is come of full age) that
is to say, to the age of one and twenty years, he shall have his inheritance
without Relief, and without Fine; so that if such an heir, being within
age, be made Knight, yet nevertheless his land shall remain in the keeping
of his Lord unto the term aforesaid.
[4] The
keeper of the land of such an heir, being within age, shall not take of
the lands of the heir, but reasonable issues, reasonable customs, and
reasonable servics, and that without destruction and waste of his men
and goods. And if we commit the custody of any such land to the Sheriff,
or to any other, which is answerable unto us for the issues of the same
land, and he make destruction or waste of those things that he hath in
custody, we will take of him amends and recompence therefore, and the
land shall be committed to two lawful and discreet men of that fee, which
shall answer unto us for the issues of the same land, or unto him whom
we will assign. And if we give or sell to any man the custody of any such
land, and he therein do make destruction or waste, he shall lose the same
custody; and it shall be assigned to two lawful and discreet men of that
fee, which also in like manner shall be answerable to us, as afore is
said.
[5] The
keeper, so long as he hath the custody of the land of such an heir, shall
keep up the houses, parks, warrens, ponds, mills, and other things pertaining
to the same land, with the issues of the said land; and he shall deliver
to the Heir, when he cometh to his full age, all his land stored with
ploughs, and all other things, at the least as he received it. All these
things shall be observed in the custodies of the Archbishopricks, Bishopricks,
Abbeys, Priories, Churchs, and Dignities vacant, which appertain to us;
except this, that such custody shall not be sold.
[6] Heirs
shall be married without Disparagement.
[7] A Widow,
after the death of her husband, incontinent, and without any Difficulty,
shall have her marriage and her inheritance, and shall give nothing for
her dower, her marriage, or her inheritance, which her husband and she
held the day of the death of her husband, and she shall tarry in the chief
house of her husband by forty days after the death of her husband, within
which days her dower shall be assigned her (if it were not assigned her
before) or that the house be a castle; and if she depart from the castle,
then a competent house shall be forthwith provided for her, in the which
she may honestly dwell, until her dower be to her assigned, as it is aforesaid;
and she shall have in the meantime her reasonable estovers of the common;
and for her do wer shall be assigned unto her the third part of all the
lands of her husband, which were his during coverture, except she were
endowed of less at the Church-door. No widow shall be distrained to marry
herself: nevertheless she shall find surety, that she shall not marry
without our licence and assent (if she hold of us) nor without the assent
of the Lord, if she hold of another.
[8] We or
our Bailiffs shall not seize any land or rent for any debt, as long as
the present Goods and Chattels of the debtor do suffice to pay the debt,
and the debtor himself be ready to satisfy therefore. Neither shall the
pledges of the debtor be dist rained, as long as the principal debtor
is sufficient for the payment of the debt. And if the principal debtor
fail in the payment of the debt, having nothing wherewith to pay, or will
not pay where he is able, the pledges shall answer for the debt. And if
they will, they shall have the lands and rents of the debtor, until they
be satished of that which they before paid for him, except that the debtor
can show himself to be acquitted against the said sureties.
[9] The
city of London shall have all the old liberties and customs, which it
hath been used to have. Moreover we will and grant, that all other Cities,
Boroughs, Towns, and the Barons of the Five Ports, and all other Ports,
shall have all their liberties and free customs.
[10] No
man shall be distrained to do more service for a Knights fee, nor any
freehold, than therefore is due.
[11] Common
Pleas shall not follow our Court, but shall be holden in some place certain.
[12] Assises
of novel disseisin, and of Mortdancestor, shall not be taken but in the
shires, and after this manner: If we be out of this Realm, our chief Justicer
shall send our Justicers through every County once in the Year, which,
with the Knights of the shires, shall take the said Assises in those counties;
and those things that at the coming of our foresaid Justicers, being sent
to take those Assises in the counties, cannot be determined, shall be
ended by them in some other place in their circuit; and those things,
which for difficulty of some articles cannot be determined by them, shall
be referred to our Justicers of the Bench, and there shall be ended.
[13] Assises
of Darrein Presentment shall be alway taken before our Justices of the
Bench, and there shall be determined.
[14] A Freeman
shall not be amerced for a small fault, but after the manner of the fault;
and for a great fault after the greatness thereof, saving to him his contenement;
and a Merchant likewise, saving to him his Merchandise; and any other's
villain than ours shall be likewise amerced, saving his wainage, if he
falls into our mercy. And none of the said amerciaments shall be assessed,
but by the oath of honest and lawful men of the vicinage. Earls and Barons
shall not be amerced but by their Peers, and after the manner of their
offence. No man of the Church shall be amerced after the quantity of his
spiritual Benefice, but after his Lay-tenement, and after the quantity
of his offence.
[15] No
Town or Freeman shall be distrained to make Bridges nor Banks, but such
as of old time and of right have been accustomed to make them in the time
of King Henry our Grandfather.
[16] No
Banks shall be defended from henceforth, but such as were in defence in
the time of King Henry our Grandfather, by the same places, and the same
bounds, as they were wont to be in his time.
[17] No
Sheriff, Constable, Escheator, Coroner, nor any other our Bailiffs, shall
hold Pleas of our Crown.
[18] If
any that holdeth of us Lay-fee do die, and our Sheriff or Bailiff do show
our Letters Patents of our summon for Debt, which the dead man did owe
to us; it shall be lawful to our Sheriff or Bailiff to attach or inroll
all the goods and chattels of the dead, being found in the said fee, to
the Value of the same Debt, by the sight and testimony of lawful men,
so that nothing thereof shall be taken away, until we be clearly paid
off the debt; and the residue shall remain to the Executors to perform
the testament of the dead; and if nothing be owing unto us, all the chattels
shall go to the use of the dead (saving to his wife and children their
reasonable parts).
[19] No
Constable, nor his Bailiff, shall take corn or other chattels of any man,
if the man be not of the Town where the Castle is, but he shall forthwith
pay for the same, unless that the will of the seller was to respite the
payment; and if he be of the same Town, the price shall be paid unto him
within forty days.
[20] No
Constable shall distrain any Knight to give money for keeping of his Castle,
if he himself will do it in his proper person, or cause it to be done
by another sufficient man, if he may not do it himself for a reasonable
cause. And if we lead or send him to an army, he shall be free from Castle-ward
for the time that he shall be with us in fee in our host, for the which
he hath done service in our wars.
[21] No
Sheriff nor Bailiff of ours, or any other, shall take the Horses or Carts
of any man to make carriage, except he pay the old price limited, that
is to say, for carriage with two horse, x.d. a day; for three horse, xiv.d.
a day. No demesne Cart of any Spiritual person or Knight, or any Lord,
shall be taken by our Bailiffs; nor we, nor our Bailiffs, nor any other,
shall take any man's wood for our Castles, or other our necessaries to
be done, but by the licence of him whose wood it shall be.
[22] We
will not hold the Lands of them that be convict of Felony but one year
and one day, and then those Lands shall be delivered to the Lords of the
fee.
[23] All
Wears from henceforth shall be utterly put down by Thames and Medway,
and through all England, but only by the Sea-coasts.
[24] The
Writ that is called Praecipe in capite shall be from henceforth granted
to no person of any freehold, whereby any freeman may lose his Court.
[25] One
measure of Wine shall be through our Realm, and one measure of Ale, and
one measure of Corn, that is to say, the Quarter of London; and one breadth
of dyed Cloth, Russets, and Haberjects, that is to say, two Yards within
the lists. And it shall be of Weights as it is of Measures.
[26] Nothing
from henceforth shall be given for a Writ of Inquisition, nor taken of
him that prayeth Inquisition of Life, or of Member, but it shall be granted
freely, and not denied.
[27] If
any do hold of us by Fee-ferm, or by Socage, or Burgage, and he holdeth
Lands of another by Knights Service, we will not have the Custody of his
Heir, nor of his Land, which is holden of the Fee of another, by reason
of that Fee-ferm, Socage, or Burgage. Neither will we have the custody
of such Fee-ferm, or Socage, or Burgage, except Knights Service be due
unto us out of the same Fee-ferm. We will not have the custody of the
Heir, or of any Land, by occasion of any Petit Serjeanty, that any man
holdeth of us by Service to pay a Knife, an Arrow, or the like.
[28] No
Bailiff from henceforth shall put any man to his open Law, nor to an Oath,
upon his own bare saying, without faithful Witnesses brought in for the
same.
[29] No
Freeman shall be taken, or imprisoned, or be disseised of his Freehold,
or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise
destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment
of his Peers, or by the Law of the Land. We will sell to no man, we will
not deny or defer to any man either Justice or Right.
[30] All
Merchants (if they were not openly prohibited before) shall have their
safe and sure Conduct to depart out of England, to come into England,
to tarry in, and go through England, as well by Land as by Water, to buy
and sell without any manner of evil Tolts, by the old and rightful Customs,
except in Time of War. And if they be of a land making War against us,
and such be found in our Realm at the beginning of the Wars, they shall
be attached without harm of body or goods, until it be known unto us ,
or our Chief Justice, how our Merchants be intreated there in the land
making War against us; and if our Merchants be well intreated there, theirs
shall be likewise with us.
[31] If
any man hold of any Eschete, as of the honour of Wallingford, Nottingham,
Boloin, or of any other Eschetes which be in our hands, and are Baronies,
and die, his Heir shall give none other Relief, nor do none other Service
to us, than he should to the Baron, if it were in the Baron's hand. And
we in the same wise shall hold it as the Baron held it; neither shall
we have, by occasion of any such Barony or Eschete, any Eschete or keeping
of any of our men, unless he that held the Barony or Eschete hold of us
in chief.
[32] No
Freeman from henceforth shall give or sell any more of his Land, but so
that of the residue of the Lands the Lord of the Fee may have the Service
due to him, which belongeth to the Fee.
[33] All
Patrons of Abbies, which have the King's Charters of England of Advowson,
or have old Tenure or Possession in the same, shall have the Custody of
them when they fall void, as it hath been accustomed, and as it is afore
declared.
[34] No
Man shall be taken or imprisoned upon the Appeal of a Woman for the Death
of any other, than of her husband.
[35] No
County Court from henceforth shall be holden, but from Month to Month;
and where greater time hath been used, there shall be greater: Nor any
Sheriff, or his Bailiff, shall keep his Turn in the Hundred but twice
in the Year; and nowhere but in due place, and accustomed; that is to
say, once after Easter, and again after the Feast of St. Michael. And
the View of Frankpledge shall be likewise at the Feast of St. Michael
without occasion; so that every man may have his Liberties which he had,
or used to have, in the time of King HENRY our Grandfather, or which he
hath purchased since: but the View of Frankpledge shall be so done, that
our Peace may be kept; and that the Tything be wholly kept as it hath
been accustomed; and that the Sheriff seek no Occasions, and that he be
content with so much as the Sheriff was wont to have for his Viewmaking
in the time of King HENRY our Grandfather.
[36] It
shall not be lawful from henceforth to any to give his Lands to any Religious
House, and to take the same Land again to hold of the same House. Nor
shall it be lawful to any House of Religion to take the Lands of any,
and to lease the same to him of whom he received it. If any from henceforth
give his Lands to any Religious House, and thereupon be convict, the Gift
shall be utterly void, and the Land shall accrue to the Lord of the Fee.
[37] Escuage
from henceforth shall be taken like as it was wont to be in the time of
King HENRY our Grandfather; reserving to all Archbishops, Bishops, Abbots,
Priors, Templers, Hospitallers, Earls, Barons, and all persons, as well
Spiritual as Temporal, all their free liberties and free Customs, which
they have had in time passed. And all these Customs and Liberties aforesaid,
which we have granted to be holden within this our Realm, as much as appertaineth
to us and our Heirs, we shall observe; and all Men of this our Realm,
as well Spiritual as Temporal (as much as in them is) shall observe the
same against all persons in like wise. And for this our Gift and Grant
of these Liberties, and of other contained in our Charter of Liberties
of our Forest, the Archbishops, Bishops, Abbots, Priors, Earls, Barons,
Knights, Freeholders, and other our Subjects, have given unto us the Fifteenth
Part of all their Moveables. And we have granted unto them for us and
our Heirs, that neither we, nor our Heirs shall proc ure or do anything
whereby the Liberties in this Charter contained shall be infringed or
broken; and if anything be procured by any person contrary to the premisses,
it shall be had of no force nor effect. These being Witnesses; Lord B.
Archbishop of Cant erbury, E. Bishop of London, J. Bishop of Bathe, P.
of Winchester, H. of Lincoln, R. of Salisbury, W. of Rochester, W. of
Worester, J. of Ely, H. of Hereford, R. of Chichester, W. of Exeter, Bishops;
the Abbot of St. Edmunds, the Abbot of St. Albans, the Abbot of Bello,
the Abbot of St. Augustines in Canterbury, the Abbot of Evesham, the Abbot
of Westminster, the Abbot of Bourgh St. Peter, the Abbot of Reading, the
Abbot of Abindon, the Abbot of Malmsbury, the Abbot of Winchcomb, the
Abbot of Hyde, the Abbot of Certefey, the Abbot of Sherburn, the Abbot
of Cerne, the Abbot of Abbotebir, the Abbot of Middleton, the Abbot of
Seleby, the Abbot of Cirencester; H. de Burgh Justice, H. Earl of Chester
and Lincoln, W. Earl of Salisbury, W. Earl of Warren, G. de Clare Earl
of Gloucester and Hereford, W. de Ferrars Earl of Derby, W. de Mandeville
Earl of Essex, H. de Bygod Earl of Norfolk, W. Earl of Albermarle, H.
Earl of Hereford, J. Constable of Chester, R. de Ros, R. Fitzwalter, R.
de Vyponte, W. de Bruer, R. de Muntefichet, P. Fitzherbert, W. de Aubenie,
F. Grefly, F. de Breus, J. de Monemue, J. Fitzallen, H. de Mortimer, W.
de Beauchamp, W. de St. John, P. de Mauly, Brian de Lisle, Thomas de Multon,
R. de Argenteyn, G. de Nevil, W. de Mauduit, J. de Balun, and others.
We, ratifying
and approving these Gifts and Grants aforesaid, confirm and make strong
all the same for us and our Heirs perpetually, and, by the Tenour of these
Presents, do renew the same; willing and granting for us and our Heirs,
that this Charter, and all and singular his Articles, for ever shall be
stedfastly, firmly, and inviolably observed; although some Articles in
the same Charter contained, yet hitherto peradventure have not been kept,
we will, and by Authority Royal command, from henceforth firmly they be
observed. In witness whereof we have caused these our Letters Patents
to be made. T. EDWARD our Son at Westminster, the Twenty-eighth Day of
March, in the Twenty-eighth Year of our Reign.
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