MAGNA CHARTA. The great charter.
The name of an instrument granted by King John, June 19, 1215, which secured to the English people many liberties which had before been invaded, and provided against many abuses which before rendered liberty a mere name.
2. It is divided into thirty-eight chapters,:
1. To the which relate as follows, namely: freedom of the church and ecclesiastical persons.
2. To the nobility, knights' service, &c. 3. Heirs and their being in ward. 4. Guardians for heirs within age, who are to commit no waste. 5. To the land and other property of heirs, and the delivery of them up when the heirs are of age. 6. The marriage of heirs. 7. Dower of women in the lands of their husbands. 8. Sheriffs and their bailiffs. 9. To the ancient liberties of London and other cities. 10. To distress for rent. 11.
The court of common pleas, which is to be located. 12. The assize on disseisin of lands. 13. Assizes of darein presentments, brought by ecclesiastics. 14. The amercement of a freeman for a fault. 15. The making of bridges by towns. 16. Provisions for repairing sea banks and sewers. 17. Forbids sheriffs and coroners to hold pleas of the crown. 18. Prefers the king's debt when the debtor dies insolvent. 19. To the purveyance of the king's house. 20. To the castleguard. 21. To the manner of taking property for public use. 22. To the lands of felons, which the king is to have for a year and a day, and afterwards the lord of the fee. 23. To weirs which are to be put down in rivers. 24. To the writ of praecipe in capite for lords against tenants offering wrong, &c. 25. To measures. 26.
To inquisitions of life and member, which are to be granted freely. 27. To knights' service and other ancient tenures. 28.
To accusations, which must be under oath. 29.
To the freedom of the subject.
No freeman shall be disseised of his freehold,
imprisoned and condemned, but by judgment of his peers, or by the law of the land.
30. To merchant strangers, who are to be civilly treated. 31. To escheats. 32. To the power of selling land by a freeman, which is limited. 33. To patrons of abbeys, &c. 34. To the right of a woman to appeal for the death of her husband. 35.
To the time of holding courts. 36.
To mortmain. 37. To escuage and subsidy. 88.
Confirms every article of the charter. See a copy of Magna Charta in 1 Laws of South Carolina; edited by Judge Cooper, p. 78. In the Penny Magazine for the year 1833, page 229, there is a copy of the original seal of King John, affixed to this instrument, and a specimen of a facsimile of the writing of Magna Charta, beginning at the passage,
Nullus liber homo capietur vel imprisonetur, &c.
A copy of both may be found in the Magazin Pittoresque, for the year 1834, p. 52, 53. Vide 4 Bl. Com. 423.
If anyone has been disseised or deprived by us without lawful judgment of his peers,
from lands, castles, liberties, or his right,
we will forthwith restore him;
and if a dispute arise about this, judgment shall then be made by twenty-five barons, of whom mention is made below, for the security of peace,
and of all those matters of which a man has been disseised or deprived without the lawful judgment of his peers,
by King Henry our father, or by King Richard our brother, which lands we have in our hands,
or which others have, which we ought to warrant,
we will have respite up to the common term of the crusaders, those being excepted of which the plea was raised,
or inquisition was made by our order,
before the taking of our cross, and when we return from our journey, or if we chance to remain from our journey, we will forthwith show full justice thence.
All barons who have founded abbeys, whence they have charters of the kings of England, or ancient tenure, shall have their custody while vacant, as they ought to have it.
All forests which have been afforested in our time shall be forthwith deforested, and so with the rivers which have been forbidden by us in our time.12
All ill customs of forests and warrens, and foresters and warreners, sheriffs and their servants, rivers and their keepers, shall be forthwith inquired into in each county by twelve sworn knights of the same county, who should be chosen by the reputable men of the same county; and, within forty days after the inquest is over, they shall be wholly done away by them, never to be recalled, so we know this first, or our justiciar, if we are not in England.
We will forthwith return all hostages and charters which were delivered to us by the English as security of peace or faithful service.
We will wholly remove from their bailiwicks the relations of Gerard de Athée so that hereafter they shall have no bailiwick in England, Engelard de Cigogné, Andrew, Peter, and Guy de Chanceux, Geoffrey de Martigny and his brothers, Philip Mark and his brothers, and Geoffrey his nephew, and all their following.
And immediately after the restoration of peace, we will remove from the realm all foreign knights, bowmen, officers, and mercenaries who came with horses and arms to the harm of the realm.
If any free man die intestate, his chattels shall be distributed by his nearest relations and friends, by the view of the church, save the debts due to each which the deceased owed,,
No constable, or other bailiff of ours, shall take the corn or chattels of anyone, unless he forthwith pays money for them, or can have any respite by the good will of the seller,,
No constable shall distrain any knight to give money for the wardship of a castle [military service in the garrison of a castle], if he be willing to perform that wardship in his own person, or by some other reputable man, if he cannot do it himself for some reasonable cause, and if we have led or sent him to an army, he shall be quit of the wardship, according to the length of time that he is with us in the army,,
No sheriff or bailiff of ours, or any other, shall take horses and carts of any free man for carrying, except by the will of the free man,,
Neither we nor our bailiffs will take any wood for our castles, or other our works, except by consent of the man whose wood it is,,
5 In 1225 chapters 20, 21, and 22 were combined in a single chapter,,
6 In 1216 the chapter was modified to say that constables and their bailiffs should not take the goods of anyone who is not from the village where the castle is located unless they pay cash or make arrangements to pay later; persons from the village should be paid in three weeks. In 1217 the three weeks was changed to forty days.
7 In 1216 the chapter was modified to say that the horses and carts should not be taken unless the owner received a specified amount of money. In 1217 a chapter was inserted that prohibited bailiffs from taking carts from the demesne of a cleric, a knight, or a lady. In 1225 chapters 30 and 31 from the Charter of 1215 and the new chapter were combined into a single chapter.,
And all ill will, wrath, and rancor, which has arisen between us and our men, clerics and laymen, from the time of the discord, we fully have remitted and condoned to all. Besides, all the offenses done by reason of the same discord, from Easter in the sixteenth year of our reign to the renewal of peace, we wholly remit to all, clerics and laymen, and as far as we are concerned fully have condoned. And, moreover, we have caused letters patent to be made to them, in witness of this, of lord Stephen, archbishop of Canterbury, of lord Henry, archbishop of Dublin, and of the aforesaid bishops, and of Master Pandulf, as the aforenamed security and grants.
14 Several chapters were added in 1217 that regulated the sheriff's tourn (tour through the hundreds, or subdivisions, of a county to hold court) and view of frankpledge; made it illegal for anyone to give land to a religious house and receive it back to hold as a tenant; established that scutage should be taken as it had been during the reign of King Henry II (1154–1189); and decreed that all adulterine castles (castles built without the king's permission) that had been erected since the beginning of the war between John and the barons should be destroyed. All but the last chapter were retained in 1225.
Wherefore we will and firmly order that the English church should be free, and that the men of our realm should have and hold all the aforenamed liberties, rights, and grants, well and in peace, freely and quietly, fully and completely, for them and their heirs, from us and our heirs, in all things and places, forever, as is aforesaid. It is sworn both by us, and on the part of the barons, that all these aforesaid shall be kept in good faith and without ill meaning. Witnesses, 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.14
West's Encyclopedia of Ame
And if anyone die and owes a debt to the Jews, his wife shall have her dower and pay nothing of that debt, and if the children of the dead man are under age, necessaries shall be provided for them according to the holding of the dead man, and the debt shall be paid from the residue, the service of the lords saved, and in the same way shall it be done with debts which are owed to other than Jews,,
No scutage or aid shall be laid on our realm except by the common counsel of our realm, unless for ransoming our person, and making our eldest son a knight, and marrying our eldest daughter once, and this must only be a reasonable aid, and so shall it be with the aids of the city of London,,
And the city of London shall have all its ancient liberties and its free customs, both by land and by water. Besides we will and grant that all other cities, and burghs [boroughs], and vills [towns], and ports shall have all their liberties and free customs,,
And to have a common counsel of our realm on assessing an aid other than in the three aforenamed cases, or assessing a scutage, we will cause to be summoned archbishops, bishops, abbots, earls, and greater barons, singly by our letters, and we will also cause to be summoned in general, by our sheriffs and bailiffs, all those who hold of us in chief, at a certain day, to wit, at least forty days after, and a certain place; and in all letters of summons we will express the cause of summons, and when summons is made the business assigned for the day shall proceed according to the council of those who are present, though not all who are summoned come,,
We will grant to no one in future that he take aid from his free men, except to ransom his person, to make his eldest son a knight, and to marry his eldest daughter once, and for this there shall only be a reasonable aid,,
No one shall be distrained to do a greater service for a knight's fee, or any other frank [free] tenement than is due from it,,
Common pleas shall not follow our court, but shall be held in some certain place,,
But since, for the sake of God and for the bettering of our realm, and for better quieting the discord which has arisen between us and our barons, we have ganted all the aforesaid,
wishing to enjoy them in pure and firm security forever,
we make and grant them the underwritten security: viz. that the barons choose twenty-five barons from the realm, whom they will, who should with all their power keep, hold, and cause to be kept, the peace and liberties which we grant them,
and by this our present charter confirm, so that, if we, or our justiciar, or our bailiffs, or any of our servants, do wrong in any case to anyone, or we transgress any of the articles of peace and security,
and the offense is shown to four out of the aforenamed twenty-five barons, those four barons shall come to us, or our justiciar, if we are out of the realm, to show the wrong;
they shall seek that we cause that wrong to be rectified without delay.
And if we do not rectify the wrong, or if we are without the realm, our justiciar does not rectify it within forty days from the time in which it was shown to us or our justiciar,
if we are without the realm, the aforesaid four barons shall bring the case before the rest of the twenty-five barons,
and those twenty-five barons, with the commonalty of the whole realm, shall distrain and distress us, in every way they can, to wit, by the capture of castles, lands, possessions, and other ways in which they can, till right is done according to their will, saving our person and that of our queen and our children;
and, when right is done, they shall obey us as before.
And whoever of the land wishes, may swear that he will obey the orders of the aforesaid twenty-five barons,
in carrying out all the aforesaid, and that he will distress us as far as he can, with them, and we give publicly and freely license to all to swear who wills, and we will forbid no one to swear. But all those in the land who will not, by themselves and of their own accord, swear to the twenty-five barons about distraining and distressing us with them, we will cause them to swear by our orders, as is aforesaid. And if any one of the twenty-five barons dies, or quits the country, or in any way is hindered from being able to carry out the aforesaid, the remainder of the aforesaid twenty-five barons may choose another into his place, at their discretion, who shall be sworn in like manner with the rest.
In all those matters which are committed to the barons to carry out, if these twenty-five happen to be present and differ on any one point, or others summoned by them will not or cannot be present, that must be had settled and fixed which the majority of those who are present provides or decides, just as if all the twenty-five agreed on it, and the aforesaid twenty-five shall swear that they will faithfully keep all the aforesaid, and cause them to be kept with all their power.
And we will ask nothing from anyone, by ourselves or any other, by which any one of these grants and liberties shall be revoked or lessened; and if we do obtain any such thing, it shall be vain and void, and we will never use it by ourselves or by another.
No widow shall be forced to marry as long as she wills to live without a husband, so that she give security that she will not marry without our assent, if she hold from us, or without the assent of the lord from whom she holds, if she holds from another,,
Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the debtor suffice for paying the debt, nor shall the sureties of the debtor be distrained, as long as that debtor in chief suffices for the payment of the debt, and if the debtor in chief fail in paying the debt, not having whence to pay, the sureties shall answer for the debt, and if they will, shall have the land and rents of the debtor till they are satisfied of the debt which they paid for him, unless the debtor in chief show that he is quit thence against these sureties,,
If anyone borrows anything from the Jews, more or less, and dies before the debt is paid, the debt shall not bear usury as long as the heir is under age, from whoever he holds it, and if that debt fall into our hands we will take only the chattel contained in the deed,,
we are a sovereign people and only act under consent as stated by MP Theresa May see below
We will not hold the lands of those who are convict of felony, except for one year and one day, and then the lands shall be returned to the lords of the fees.
All kidells [fish-weirs] shall for the future be wholly taken away from the Thames and the Medway, and through all England, except at the coast of the sea.
The writ which is called praecipe for the future shall not issue to anyone about any tenement from which a free man may lose his court.
There shall be one measure of wine throughout our whole realm, and one measure of beer, and one measure of corn, to wit, the London quarter, and one breadth of dyed cloth, and russet and haberget cloth, to wit, two ells within the lists, and of weights it shall be as of measures.
Nothing shall be given or taken hereafter for the writ of inquisition on life or limb, but it shall be granted freely, and not denied.
If anyone holds of us by fee-farm, either by socage or by burgage, or of any other land by military service, we shall not have the wardship of the heir or his land which belongs to another's fee, because of that fee-farm, or socage or burgage, nor shall we have wardship of that fee-farm, or socage or burgage, unless the fee-farm itself owes military service. We shall not either have wardship of heir or any land, which he holds of another by military service, by reason of some petty serjeanty which he holds of us, by the service of paying us knives, or arrows, or the like.
No bailiff in future shall put anyone to law by his mere word, without trustworthy witnesses brought forward for it.
We will have the same respite, and in the same way, about exhibiting justice of deforesting or maintaining the forests, which Henry our father, or Richard our brother afforested, and of the wardship of the lands which are of another's fee, of which thing we have hitherto had the wardship, by reason of the fee, because someone held of us by military service, and of the abbeys which were founded on the fee of another than our own, in which the lord of the fee says he has the right; and when we return, or if we stay from our journey, we will afford full justice to those who complain of these things.
No one shall be seized or imprisoned for the appeal of a woman about the death of any other man but her husband.
12 In 1217 the first clause was transferred to the Charter of the Forest; the second clause became a separate chapter.
All fines which have been made unjustly and against the law of the land with us, and all amercements made unjustly and against the law of the land, shall be wholly excused, or it shall be done with them by the judgment of twenty-five barons, of whom mention will be made below on the security of the peace, or by the judgment of the greater part of them, along with the aforenamed Stephen, archbishop of Canterbury, if he can be present, and others whom he wills to summon to him, and if he be unable to be present, nevertheless the business shall go on without him, so that if one or more of the aforenamed twenty-five barons are in a like suit, they may be removed as far as this judgment is concerned, and others be appointed, elected, and sworn for this matter only, by the residue of the same twenty-five.
If we have disseised or deprived the Welsh of their lands or liberties or other goods, without lawful judgment of their peers, in England or in Wales, let these things be forthwith restored, and if a dispute arise upon this, let it be thereafter settled in the march by the judgment of their peers; on tenements in England according to the law of England; on tenements in Wales according to the law of Wales; on tenements in the march according to the law of the march. The Welshmen shall do the same to us and ours.13
The guardian, as long as he have wardship of the land, shall keep up houses, parks, stews, pools, mills, and other things belonging to that land, from the exits of the same land, and restore to the heir, when he comes to full age, all that land stocked with teams, according to what the season of teams demands, and the exits of the land can reasonably sustain,,
Heirs shall be married without disparagement, so that before they contract matrimony it be communicated to the kinsmen in blood of the heir,,
A widow after the death of her husband shall at once and without hindrance have her marriage and inheritance, nor give anything for her dower, or for her marriage, or for her inheritance, which inheritance she and her husband had on the day of her husband's death, and she shall remain in her husband's home for forty days after his death, within which her dower shall be assigned to her,Source:
Selections from The Second Treatise on Government, 5 J. Locke, WORKS (1823). The footnotes have been renumbered,,
1 The full text of the Charter of 1215 has been included here. Sections that were omitted in later versions of the charter are printed in italic type on this and subsequent pages. Unless otherwise indicated, the omissions were made in 1216. Important alterations and additions have been indicated in the notes,,
2 A clause added in 1216 stipulated that the chapter also applied to ecclesiastical properties except that those wardships should not be sold,,
3 In 1217 a clause was added that guaranteed a widow one-third of her husband's lands unless a smaller dower had been assigned at the time of the marriage. In 1225 chapters 7 and 8 were combined into one,,,
In all these matters in which anyone of the Welsh was disseised or deprived without lawful judgment of his peers, by King Henry our father, or King Richard our brother, which we have in our hands, or which others hold, and which we ought to warrant, we will have respite to the common term of the crusaders, those excepted in which our plea has been raised, or inquisition has been made by our order, before we took the cross; but, when we return, or if by chance we wait from our journey, we will show full justice to them thence, according to the laws of Wales, and the aforesaid parties.
We will restore the son of Llewellyn forthwith, and all the hostages of Wales, and the charters which have been delivered to us for the security of peace.
We will do to Alexander, king of Scots, about his sisters, and restoring his hostages, and his liberties, and his right, according to the form in which we have dealt with our other barons of England, unless they are bound to other matters by the charters which we have of William his father, once king of the Scots, and this shall be by judgment of their peers in our court.
All these aforesaid customs and liberties which we have granted to be held in our realm, as far as belongs to us, towards our own, all in our realm, both clergy and lay, shall observe, as far as belongs to them, towards their own.
13 Chapter 56 was retained in the Charter of 1216 but was omitted thereafter.
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First, we grant to God, and by this our present charter we confirm, for us and our heirs forever, that the English church be free, and have its rights whole and its liberties unimpaired; and so we will to be observed, which appears from the fact that we have of pure and free will, before difference arose between us and our barons, granted, and by our charter confirmed, freedom of elections, which is conceived greatest and most necessary for the English church, and have got it confirmed from our lord Pope Innocent III, which we will observe ourselves and will to be observed in good faith by our heirs forever.1 We have granted to all free men of our realm, for ourself and our heirs forever, all these underwritten liberties to have and to hold, for themselves and their heirs, from us and our heirs,,
If any of our earls or barons, or other tenant of us in chief by military service, die, and when he dies, his heir be of full age, and owe a relief, he shall have his inheritance by the old relief, to wit, the heir, or heirs of an earl, for the whole barony of an earl by P100; the heir or heirs of a baron, the whole barony by P100; the heir or heirs of a knight for a whole military fee by 100s. at most, and he who owes less should pay less according to the ancient custom of fees,,
If the heir of any of these be below age, and be in wardship, when he comes to full age he shall have his inheritance without relief or fine,,
The guardians of the land of any heir, who is below age, shall not take from the land of the heir more than reasonable exits [revenues], and reasonable customs, and reasonable services, and this without destruction and waste of men or property; and if we commit the wardship of any such land to the sheriff or any one else, who is to answer to us for the exits, and he made destruction or waste of his wardship, we will take recompense of him, and the land shall be committed to two lawful and discreet men of that fee, who will answer to us of the exits, or to him to whom we have assigned them; and if we have given or sold to any one the wardship of any such land, and he does destruction or waste, he shall lose his wardship, and give it to two lawful and discreet men of that fee, who shall in like manner answer to us as is aforesaid,,
Earls and barons shall not be amerced but by their equals, and only according to the measure of the offense,,
No cleric shall be amerced of his lay tenement, except according to the measure of the other aforesaid, and not according to the size of his ecclesiastical benefice,,
No vill or man shall be distrained to make bridges at rivers, unless he who of old, or by right, is bound to do so,,
No sheriff, constable, coroners, or others of our bailiffs shall hold pleas of our crown,,
All counties, hundreds, wapentakes, and ridings shall be at the old farms [rents] without any increase, saving the manors of our demesne,,
If anyone holding a lay fee [fief] of us dies, and the sheriff or our bailiff shows our letters patent of the summonses of a debt which the dead man owed us, it shall be lawful for our sheriff or bailiff to attach and enroll the chattels of the dead man found in this fee to the value of the debt by the view of lawful men, so that nothing be moved thence till our debt which is clear be paid us, and the residue shall be left to the executors to fulfill the testament of the deceased, and if nothing be owed us by the deceased, all his chattels shall go to the deceased, save the reasonable shares to his wife and children,,
Recognizances of novel disseisin, mort d'ancestor, and darrein presentment shall not be taken except in their own counties and in this manner; we, or, if we be out of the realm, our chief justiciar, will send two justices to each county four times in the year, who, with four knights of each county, elected by the county, shall take in the county and day and place the aforenamed assises of the county,,
4 In 1217 the text was changed to say that justices (number unspecified) would be sent through each county once a year to hold assises with knights of the county (number unspecified). A separate chapter was created that stipulated that assises involving darrein presentment should always be held before the justices of the bench,,
And if the aforesaid assises of the county cannot be taken on that day, so many knights and free tenants shall remain of those who were at the county on that day, by whom judgments can be sufficiently effected, according as the business is great or small,,
A free man shall not be amerced for a small offense unless according to the measure of the offense, and for a great offense he shall be amerced according to the greatness of the offense, saving his tenement, and the merchant in the same manner, saving his merchandise, and the villein shall be amerced in the same manner, saving his tools of husbandry, if they fall into our mercy, and none of the aforenamed mercies shall be imposed except by the oath of reputable men of the vicinage,,,
All merchants shall have safe conduct and security to go out of England or come into England, and to stay in, and go through England, both by land and water, for buying or selling, without any evil tolls, by old and right customs, except in time of war; and if they be of the land at war against us, and if such shall be found in our land, at the beginning of war, they shall be attached without loss of person or property, until it be known by us or our chief justiciar how the merchants of our land are treated who are found then in the land at war with us; and if ours be safe there, others shall be safe here.9
It shall be lawful for anyone hereafter to go out of our realm, and return, safe and sound, by land or by water, saving fealty to us, except in time of war for some short time, for the common weal of the realm, except imprisoned men, and outlaws according to the law of the realm, and as natives of a land at war against us, and to the merchants of whom is done as is aforesaid.
If any person holds of any escheat, as of the honor of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands, and they are baronies, and he dies, his heir shall not pay any other relief, or do us any other service but that which he would do for the baron, if the barony were in the hand of a baron, and we similarly will hold him in the same way that the baron held him.10
8 In 1217 the words "of his freehold liberties or free customs" were inserted after "disseised." In 1225 the words "in the future" were inserted after "No free man shall," and the chapter and the one following it were joined together.
9 In 1216 the words "unless formerly they have been publicly prohibited" were inserted after "All merchants."
10 In 1217 a sentence added at the end of the chapter stipulated that the king would not have an escheat or wardship by reason of such an escheat or barony unless the person who held the property was a tenant-in-chief for other property.
11 Chapter 44 of the Charter of 1215 was retained in the Charter of 1216, but in 1217 it was transferred to the separate Charter of the Forest. In 1217 a new chapter was inserted at this point that stipulated that no free man should give or sell so much of his land that he would be prevented from doing the full service due from the fief.
Men who dwell without the forest shall not come hereafter before our justices of the forest, by common summonses, unless they are in plea, or sureties of one or more, who are attached for the forest.11.