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Magna Carta
(Translation by Gerald Murphy) |

The Magna Carta (originally known as the Charter of Liberties) of
1215, written on parchment in medieval Latin,
authenticated with the Great Seal of King John
This one of four known existing copies of original the 1215 Magna
Carta.
Magna Carta Manuscript Viewer from the British Library's Online
Gallery.
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
honour 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 Wazronne,
William, earl of Arundel, Alan of Galloway (constable of Scotland),
Wazron 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 baroncy of an earl by £100; the heir or
heirs of a baron, £100 for a whole barony; the heir or heirs of
a knight, 100 shillings, at most, and whoever owes less let him
give less, according to the ancient custom of fees.
- 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 the bond.
- 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.
- Neither
scutage
nor 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 its 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 and 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, even if not all who were
summoned have come.
- 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 fixed place.
- 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 less.
- 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 zronts, 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 said
freeman.
- 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 measures.
- 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 burgage, 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
- No bailiff for
the future shall, upon his own unsupported complaint, put anyone
to his "law" without credible witnesses brought for this
purposes.
- No freeman
shall be taken captive or imprisoned, or deprived of his lands,
or outlawed, or exiled, or in any way destroyed, nor will we go
with force against him nor send forces against him, except by
the lawful judgment of his peers or by the law of the land.
- We will not
sell, nor will we deny or delay, right or justice.
- 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.
- 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 have.
- 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 same.
- 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 brother 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 by all of our kingdom, as well clergy
as laymen, as far as pertains to them towards their men.
- Since,
moreover, 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 part 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.
Source
for this Translation
This is but one of
three different translations I found of the Magna Carta; it was
originally done in Latin, probably by the Archbishop, Stephen
Langton. It was in force for only a few months, when it was violated
by the king. Just over a year later, with no resolution to the war,
the king died, being succeeded by his 9-year old son, Henry III. The
Charter (Carta) was reissued again, with some revisions, in 1216,
1217 and 1225. As near as I can tell, the version presented here is
the one that preceded all of the others; nearly all of its
provisions were soon superseded by other laws, and none of it is
effective today. The two other versions I found each professed to be
the original, as well. The basic intent of each is the same.
Gerald Murphy (The
Cleveland Free-Net - aa300)
Acknowledgements
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