The Magna Carta 1215
(The Great Charter)
(The Great Charter)
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,
greetings. 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.
1. 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.
2. 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 fees.
3. 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.
4. 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.
5. 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.
6. Heirs shall be married without
disparagement, yet so that before the marriage takes place the nearest in blood
to that heir shall have notice.
7. 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.
8. 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.
9. 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.
10. 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 the bond.
11. 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.
12. 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.
13. 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.
14. 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
come.
15. 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.
16. 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.
17. Common pleas shall not follow
our court, but shall be held in some fixed place.
18. 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.
19. 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 less.
20. 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.
21. Earls and barons shall not be
amerced except through their peers, and only in accordance with the degree of
the offense.
22. 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.
23. 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.
24. No sheriff, constable, coroners,
or others of our bailiffs, shall hold pleas of our Crown.
25. All counties, hundred,
wapentakes, and trithings (except our demesne manors) shall remain at the old
rents, and without any additional payment.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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 said freeman.
31. 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.
32. 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.
33. All kydells for the future shall
be removed altogether from Thames and Medway, and throughout all England,
except upon the seashore.
34. 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.
35. 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 measures.
36. 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.
37. 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 knight's service.
38. No bailiff for the future shall,
upon his own unsupported complaint, put anyone to his "law", without
credible witnesses brought for this purposes.
39. 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.
40. To no one will we sell, to no
one will we refuse or delay, right or justice.
41. 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 our land.
42. 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.
43. 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.
44. 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.
45. We will appoint as justices,
constables, sheriffs, or bailiffs only such as know the law of the realm and
mean to observe it well.
46. 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 have.
47. 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.
48. 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.
49. We will immediately restore all
hostages and charters delivered to us by Englishmen, as sureties of the peace
of faithful service.
50. 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 same.
51. 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.
52. 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.
53. 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.
54. No one shall be arrested or
imprisoned upon the appeal of a woman, for the death of any other than her
husband.
55. 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.
56. 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.
57. 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.
58. 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.
59. 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.
60. 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.
61. 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.
62. 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.
63. 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
intent.
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.
หมายเหตุ ที่ยังคงใช้มาจนปัจจุบันคือข้อ 1 ข้อ 9 และข้อ 29 ส่วนที่ Highlight สีเหลืองนั้นเป็นที่มาของระบบ Jury
