The CHARTER of KING JOHN
[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,
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.
 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.
 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 barony of an earl by £100; the heir or heirs of a baron, £100
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
 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.
 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.
 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.
 Heirs shall be married without disparagement, yet so that before the
marriage takes place the nearest in blood to that heir shall have notice.
 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.
 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.
 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.
 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
 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.
 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.
 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.
 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
 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.
 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.
 Common pleas shall not follow our court, but shall be held in some
 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.
 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
 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.
 Earls and barons shall not be amerced except through their peers,
and only in accordance with the degree of the offense.
 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.
 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.
 No sheriff, constable, coroners, or others of our bailiffs, shall
hold pleas of our Crown.
 All counties, hundred, wapentakes, and trithings (except our demesne
manors) shall remain at the old rents, and without any additional payment.
 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.
 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.
 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.
 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.
 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
 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.
 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.
 All kydells for the future shall be removed altogether from Thames
and Medway, and throughout all England, except upon the seashore.
 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.
 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
 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.
 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
 No bailiff for the future shall, upon his own unsupported complaint,
put anyone to his "law", without credible witnesses brought for
 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.
 To no one will we sell, to no one will we refuse or delay, right or
 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
 It shall be lawful in future for anyone (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 if 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.
 If anyone 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.
 Men who dwell without the forest need not henceforth come before our
justiciaries of the forest upon a general summons, unless they are in
plea, or sureties of one or more, who are attached for the forest.
 We will appoint as justices, constables, sheriffs, or bailiffs only
such as know the law of the realm and mean to observe it well.
 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
 All forests that have been made such in our time shall forthwith be
disafforsted; and a similar course shall be followed with regard to river
banks that have been placed "in defense" by us in our time.
 All evil customs connected with forests and warrens, foresters and
warreners, sheriffs and their officers, river banks and their wardens,
shall immediately by 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.
 We will immediately restore all hostages and charters delivered to
us by Englishmen, as sureties of the peace of faithful service.
 We will entirely remove from their bailiwicks, the relations of
Gerard of 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, Geoffrey of Martigny with his brothers, Philip
Mark with his brothers and his nephew Geoffrey, and the whole brood of the
 As soon as peace is restored, we will banish from the kingdom all
foreign born knights, crossbowmen, serjeants, and mercenary soldiers who
have come with horses and arms to the kingdom's hurt.
 If anyone 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 anyone has, without the lawful judgment
of his peers, been disseised or removed, by our father, King Henry, or by
our brother, King Richard, and which we retain in our hand (or which as
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 we return from the expedition, we will
immediately grant full justice therein.
 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 broter afforested, and
concerning the wardship of lands which are of the fief of another (namely,
such wardships as we have hitherto had by reason of a fief which anyone
held of us by knight's service), and concerning abbeys founded on other
fiefs than our own, in which the lord of the fee 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.
 No one shall be arrested or imprisoned upon the appeal of a woman,
for the death of any other than her husband.
 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 whom mention is made below
in the clause for securing the pease, 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.
 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 the 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.
 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, and which we ought to
warrant), we will 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.
 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.
 We will do towards 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 towards our owher 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.
 Moreover, all these aforesaid customs and liberties, the observances
of which we have granted in our kingdom as far as pertains to us towards
our men, shall be observed b all of our kingdom, as well clergy as laymen,
as far as pertains to them towards their men.
 Since, moveover, 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 forever, 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 towards anyone, or
shall have broken any one of the articles of this 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 realm,
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 towards 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 everyone who wishes to swear, and we shall never forbid
anyone to swear. All those, moveover, 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 foresaid. 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 entrusted,to these twenty five barons, if perchance
these twenty five are present and disagree about anything, or if some of
them, after being summoned, are unwilling or unable to be 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 anyone, directly or indirectly,
whereby any part of these concessions and liberties might be revoked or
diminished; and if any such things has been procured, let it be void and
null, and we shall never use it personally or by another.
 And all the 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 to everyone. 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.
 Wherefore we will and firmly order 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 forever, as is aforesaid. An oath, moreover,
has been taken, as well on our part as on the art of the barons, that all
these conditions aforesaid shall be kept in good faith and without evil
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.[Translation from the British Library Board]
The CHARTER of KING HENRY III
(As attested by his son, King Edward I)
[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.
 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.
 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.
 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.
 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.
 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
 Heirs shall be married without Disparagement.
 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.
 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.
 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.
 No man shall be distrained to do more service for a Knights fee, nor
any freehold, than therefore is due.
 Common Pleas shall not follow our Court, but shall be holden in some
 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.
 Assises of Darrein Presentment shall be alway taken before our
Justices of the Bench, and there shall be determined.
 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.
 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.
 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.
 No Sheriff, Constable, Escheator, Coroner, nor any other our
Bailiffs, shall hold Pleas of our Crown.
 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
 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.
 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
 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.
 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
 All Wears from henceforth shall be utterly put down by Thames and
Medway, and through all England, but only by the Sea-coasts.
 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
 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
 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.
 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.
 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.
 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.
 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.
 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.
 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.
 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.
 No Man shall be taken or imprisoned upon the Appeal of a Woman for
the Death of any other, than of her husband.
 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.
 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.
 Escutage 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. EDWARD our
Son at Westminster, the Twenty-eighth Day of March, in the Twenty-eighth
Year of our Reign.
Explanation of Some of the Feudal Terms
To fully understand Magna Carta, we need to touch on the workings of feudal England, a system which had been brought from France in good working order by the Normans, a century and a half before. Feudalism was what we should
call today the "extreme Right" -- a system wherein everything of value in the land is owned by one man: the King. Therefore, he had every logical right to give of it, and take back, for whatever reasons he deemed appropriate. The only check on complete arbitrariness was his need to gain some modicum of a loyal following.
As such, the aristocracy held their estates in fief or fee -- basically on loan -- from the Crown, in return for certain services (socage). The chief of these was knight service, or the provision of armed knights to serve the King, in return for which the Baron enfiefed a piece of his estate -- a knight's fee -- to the knight. The main part of the estate remained his honours (French: demesne). Over time, the chore of providing actual services gave way to scutage, a cash settlement in lieu of such services, which was more flexible for both sides.
In this system, every member of the aristocracy was either or both a feudal lord or a vassal, depending upon which end of the property stick he held. A baron would be a vassal of the king (or a higher aristocrat) for his own estates, and a lord over the knights and commons who lived or worked on his estate.
As feudal Lord, the King also had the right to payments on a vassal's death (relief), on his daughter's wedding (aid), and on other occasions. If the vassal died without heir, the King could appropriate, or escheat, his estates. If the heir was underage, the Crown had the right to guardianship, and to the estate's revenues during that time. These guardianships and revenue rights could be sold, if so desired by the King. Guardianships over underaged daughters presented especially enriching opportunities inasmuch as the King could also arrange their marriages.
The lowest order on the feudal food chain was the villein (French: serf), or bound peasant. (The term in England sometimes included freemen). Villeins had few if any rights, and were bound to their Lord's manor, there to work the fields and pastures in return for a subsistence living. Although freemen existed in feudal Europe -- more in England -- the constant need for protection forced many to seek umbrage from the nearest lord in exchange for servitude. The villein is mentioned only once in Magna Carta -- in the original -- and then only in regards to restrictions on punishment.
Feudalism may have made sense in a time and place where strife was constant, protection was a paramount need, and subsistence was the order of the day for the vast majority. But the system was ripe for abuse by the powerful, and the abuse served to enforce the status quo.