The Laws of William the Conqueror

The New Law of the Land as set down by William the Conqueror and his advisors:

First that above all things he wishes one God to be revered throughout his whole realm, one faith in Christ to be kept ever inviolate, and peace and security to be preserved between English and Norman's

We decree also that every freeman shall affirm by oath and compact that he will be loyal to king William both within and without England, that he will preserve with him his lands and honour with all fidelity and defend him against his enemies.

I will, moreover, that all the men I have brought with me, or who have come after me, shall be protected by my peace and shall dwell in quiet. And if any one of them shall be slain, let the lord of his murderer seize him within five days, if he can; but if he cannot, let him pay me 46 marks of silver so long as his substance avails. And when his substance is exhausted, let the whole hundred in which the murder took place pay what remains in common.

And let every Frenchman who, in the time of king Edward, my kinsman, was a sharer in the customs of the English, pay what they call "scot and lot", according to the laws of the English. This decree was ordained in the city of Gloucester.

We forbid also that any live cattle shall be bought or sold for money except within cities, and this shall be done before three faithful witnesses; nor even anything old without surety and warrant. But if anyone shall do otherwise, let him pay once, and afterwards a second time for a fine.

It was decreed there that if a Frenchman shall charge an Englishman with perjury or murder or theft or homicide or "ran", as the English call open rapine which cannot be denied, the Englishman may defend himself, as he shall prefer, either by the ordeal of hot iron or by wager of battle. But if the Englishman be infirm, let him find another who will take his place. If one of them shall be vanquished, he shall pay a fine of 40 shillings to the king. If an Englishman shall charge a Frenchman and be unwilling to prove his accusation either by ordeal or by wager of battle, I will, nevertheless, that the Frenchman shall acquit himself by a valid oath.

This also I command and will, that all shall have and hold the law of the king Edward in respect of their lands and all their possessions, with the addition of those decrees I have ordained for the welfare of the English people.

Every man who wishes to be considered a freeman shall be in pledge so that his surety shall hold him and hand him over to justice if he shall offend in any way. And if any such shall escape, let his sureties see to it that they pay forthwith what is charge against him, and let them clear themselves of any complicity in his escape. Let recourse be had to the hundred and shire courts as our predecessors decreed. And those who ought of right to come and are unwilling to appear, shall be summoned once; and if for the second time they refuse to come, one ox shall be taken from them, and they shall be summoned a third time. And if they do not come the third time, a second ox shall be taken from them. But if they do not come the fourth summons, the man who is unwilling to come shall forfeit from his goods the amount of the charge against him, "ceapgeld" as it is called, and in addition to this a fine to the king.

I prohibit the sale of any man by another outside the country on pain of a fine to be paid in full to me.

I also forbid that anyone shall be slain or hanged for any fault, but let his eyes be put out and let him be castrated. And this command shall not be violated under pain of a fine in full to me.

This charter, granted by Henry when he ascended the throne, is important in two ways. First, Henry formally bound himself to the laws, setting the stage for the rule of law that parliaments and parliamentarians of later ages would cry for. Second, it reads almost exactly like the Magna Carta, and served as the model for the Great Charter in 1215.

Henry, king of the English, to Bishop Samson and Urso de Abetot and all his barons and faithful, both French and English, of Worcestershire, [copies were sent to all the shires] greeting.

1. Know that by the mercy of God and the common counsel of the barons of the whole kingdom of England I have been crowned king of said kingdom; and because the kingdom had been oppressed by unjust exactions, I, through fear of god and the love which I have toward you all, in the first place make the holy church of God free, so that I will neither sell nor put to farm, nor on the death of archbishop or bishop or abbot will I take anything from the church's demesne or from its men until the successor shall enter it. And I take away all the bad customs by which the kingdom of England was unjustly oppressed; which bad customs I here set down in part:

2. If any of my barons, earls, or others who hold of me shall have died, his heir shall not buy back his land as he used to do in the time of my brother, but he shall relieve it by a just and lawful relief. Likewise also the men of my barons shall relieve their lands from their lords by a just and lawful relief.

3. And if any of my barons or other men should wish to give his daughter, sister, niece, or kinswoman in marriage, let him speak with me about it; but I will neither take anything from him for this permission nor prevent his giving her unless he should be minded to join her to my enemy. And if, upon the death of a baron or other of my men, a daughter is left as heir, I will give her with her land by the advice of my barons. And if, on the death of her husband, the wife is left and without children, she shall have her dowry and right of marriage, and I will not give her to a husband unless according to her will.

4. But if a wife be left with children, she shall indeed have her dowry and right of marriage so long as she shall keep her body lawfully, and I will not give her unless according to her will. And the guardian of the land and children shall be either the wife or another of the relatives who more justly ought to be. And I command that my barons restrain themselves similarly in dealing with the sons and daughters or wives of their men.

5. The common seigniorage, which has been taken through the cities and counties, but which was not taken in the time of King Edward I absolutely forbid henceforth. If any one, whether a moneyer or other, be taken with false money, let due justice be done for it.

6. I remit all pleas and all debts which were owing to my brother, except my lawful fixed revenues and except those amounts which had been agreed upon for the inheritances of others or for things which more justly concerned others. And if any one had pledged anything for his own inheritance, I remit it; also all reliefs which had been agreed upon for just inheritances.

7. And if any of my barons or men shall grow feeble, as he shall give orarrange to give his money, I grant that it be so given. But if, prevented byarms or sickness, he shall not have given or arranged to give his money, his wife, children, relatives, or lawful men shall distribute it for the good of his sould as shall seem best to them.

8. If any of my barons or men commit a crime, he shall not bind himself to a payment at the king's mercy as he has been doing in the time of my father or my brother; but he shall make amends according to the extent of the crime as he would have done before the time of my father in the time of my other predecessors. But if he be convicted of treachery or heinous crime, he shall make amends as is just.

9. I forgive all murders committed before the day I was crowned king; and those which shall be committed in the future shall be justly compensated according to the law of King Edward.

10. By the common consent of my barons I have kept in my hands forests as my father had them.

11. To those knights who render military service for their lands I grant of my own gift that the lands of their demesne ploughs be free from all payments and all labor, so that, having been released from so great a burden, they may equip themselves well with horses and arms and be fully prepared for my service and the defense of my kingdom.

12. I impose a strict peace upon my whole kingdom and command that it be maintained henceforth.

13. I restore to you the law of King Edward with those amendments introduced into it by my father with the advice of his barons.

14. If any one, since the death of King William my brother, has taken anything belonging to me or to any one else, the whole is to be quickly restored without fine; but if any one keep anything of it, he upon whom it shall be found shall pay me a heavy fine.

Witnesses Maurice bishop of London, and William bishop elect of Winchester, and Gerard bishop of Hereford, and earl Henry, and earl Simon, and Walter Giffard,and Robert de Montfort, and Roger Bigot, and Eudo the steward, and Robert son of Hamo, and Robert Malet. At London when I was crowned. Farewell.

Note translated in Albert Beebe White and Wallce Notestein, eds., Source Problems in English History (New York: Harper and Brothers, 1915).

The Magna Carta

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John, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, greeting.

Know that before God, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the Knights of the Temple in England, William Marshal, earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:

1. First, that we have granted to God, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity. We have also granted to all free men of our realm, for us and our heirs forever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:

2. If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a `relief', the heir shall have his inheritance on payment of the ancient scale of `relief'. That is to say, the heir or heirs of an earl shall pay for the entire earl's barony, the heir or heirs of a knight l00s. at most for the entire knight's `fee', and any man that owes less shall pay less, in accordance with the ancient usage of `fees'

3. But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without`relief' or fine.

4. The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same `fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same `fee', who shall be similarly answerable to us.

5. For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.

6. Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be' made known to the heir's next-of-kin.

7. At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.

8. No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.

9. Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.

10. If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.

11. If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.

12. No `scutage' or `aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable `aid' may be levied. `Aids' from the city of London are to be treated similarly.

13. The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.

14. To obtain the general consent of the realm for the assessment of an `aid' - except in the three cases specified above - or a `scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.

15. In future we will allow no one to levy an `aid' from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable `aid' may be levied.

16. No man shall be forced to perform more service for a knight's `fee', or other free holding of land, than is due from it.

17. Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.

18. Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.

19. If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.

20. For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.

21. Earls and barons shall not be amerced save through their peers, and only according to the measure of the offence.

22. No clerk shall be amerced for his lay tenement except according to the manner of the other persons aforesaid; and not according to the amount of his ecclesiastical benefice.

23. Neither a town nor a man shall be forced to make bridges over the rivers, with the exception of those who, from of old and of right ought to do it.

24. No sheriff, constable, coroners, or other bailiffs of ours shall hold the pleas of our crown.

25. All counties, hundreds, wapentakes, and trithings--our demesne manors being excepted--shall continue according to the old farms, without any increase at all.

26. If any one holding from us a lay fee shall die, and our sheriff or bailiff can show our letters patent containing our summons for the debt which the dead man owed to us,--our sheriff or bailiff may be allowed to attach and enrol the chattels of the dead man to the value of that debt, through view of lawful men; in such way, however, that nothing shall be removed thence until the debt is paid which was plainly owed to us. And the residue shall be left to the executors that they may carry out the will of the dead man. And if nothing is owed to us by him, all the chattels shall go to the use prescribed by the deceased, saving their reasonable portions to his wife and children.

27. If any freeman shall have died intestate his chattels shall be distributed through the hands of his near relatives and friends, by view of the church; saving to any one the debts which the dead man owed him.

28. No constable or other bailiff of ours shall take the corn or other chattels of any one except he straightway give money for them, or can be allowed a respite in that regard by the will of the seller.

29. No constable shall force any knight to pay money for castleward if he be willing to perform that ward in person, or--he for a reasonable cause not being able to perform it himself--through another proper man. And if we shall have led or sent him on a military expedition, he shall be quit of ward according to the amount of time during which, through us, he shall have been in military service.

30. No sheriff nor bailiff of ours, nor any one else, shall take the horses or carts of any freeman for transport, unless by the will of that freeman.

31. Neither we nor our bailiffs shall take another's wood for castles or for other private uses, unless by the will of him to whom the wood belongs.

32. We shall not hold the lands of those convicted of felony longer than a year and a day; and then the lands shall be restored to the lords of the fiefs.

33. Henceforth all the weirs in the Thames and Medway, and throughout all England, save on the seacoast, shall be done away with entirely.

34. Henceforth the writ which is called Praecipe shall not be to served on any one for any holding so as to cause a free man to lose his court.

35. There shall be one measure of wine throughout our whole realm, and one measure of ale and one measure of corn--namely, the London quart;--and one width of dyed and russet and hauberk cloths--namely, two ells below the selvage. And with weights, moreover, it shall be as with measures.

36. Henceforth nothing shall be given or taken for a writ of inquest in a matter concerning life or limb; but it shall be conceded gratis, and shall not be denied.

37. If any one hold of us in fee-farm, or in socage, or in burkage, and hold land of another by military service, we shall not, by reason of that fee-farm, or socage, or burkage, have the wardship of his heir or of his land which is held in fee from another. Nor shall we have the wardship of that fee-farm, or socage, or burkage unless that fee-farm owe military service. We shall not, by reason of some petit-serjeanty which some one holds of us through the service of giving us knives or arrows or the like, have the wardship of his heir or of the land which he holds of another by military service.

38. No bailiff, on his own simple assertion, shall henceforth any one to his law, without producing faithful witnesses in evidence.

39. No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed--nor will we go upon or send upon him--save by the lawful judgement of his peers or by the law of the land.

40. To none will we sell, to none deny or delay, right or justice.

41. All merchants may safely and securely go out of England, and come into England, and delay and pass through England, as well by land as by water, for the purpose of buying and selling, free from all evil taxes, subject to the ancient and right customs--save in time of war, and if they are of the land at war against us. And if such be found in our land at the beginning of the war, they shall be held, without harm to their bodies and goods, until it shall be known to us or our chief justice how the merchants of our land are to be treated who shall, at that time, be found in the land at war against us. And if ours shall be safe there, the others shall be safe in our land.

42. Henceforth any person, saving fealty to us, may go out of our realm and return to it, safely and securely, by land and by water, except perhaps for a brief period in time of war, for the common good of the realm. But prisoners and outlaws are excepted according to the law of the realm; also people of a land at war against us, and the merchants, with regard to whom shall be done as we have said.

43. If any one hold from any escheat--as from the honour of Walingford, Nottingham, Boloin, Lancaster, or the other escheats which are in our hands and are baronies--and shall die, his heir shall not give another relief, nor shall he perform for us other service than he would perform for a baron if that barony were in the hand of a baron; and we shall hold it in the same way in which the baron has held it.

44. Persons dwelling without the forest shall not henceforth come before the forest justices, through common summonses, unless they are impleaded or are the sponsors of some person or persons attached for matters concerning the forest.

45. We will not make men justices, constables, sheriffs, or bailiffs unless they are such as know the law of the realm, and are minded to observe it rightly.

46. All barons who have founded abbeys for which they have charters of the king of England, or ancient right of tenure, shall have, as they ought to have, their custody when vacant.

47- A11 forests constituted as such in our time shall straightway be annulled; and the same shall be done for river banks made into places of defence by us in our time.

48. A11 evil customs concerning forests and warrens, and concerning foresters and warreners, sheriffs and their servants, river banks and their guardians, shall straightway be inquired into each county, through twelve sworn knights from that county, and shall be eradicated by them, entirely, so that they shall never be renewed, within forty days after the inquest has been made; in such manner that we shall first know about them, or our justice if we be not in England.

49. We shall straightway return all hostages and charters which were delivered to us by Englishmen as a surety for peace or faithful service.

50. We shall entirely remove from their bailiwicks the relatives of Gerard de Athyes, so that they shall henceforth have no bailiwick in England: Engelard de Cygnes, Andrew Peter and Gyon de Chanceles, Gyon de Cygnes, Geoffrey de Martin and his brothers, Philip Mark and his brothers, and Geoffrey his nephew, and the whole following of them.

51. And straightway after peace is restored we shall remove from the realm all the foreign soldiers, crossbowmen, servants, hirelings, who may have come with horses and arms to the harm of the realm.

52. If any one shall have been disseized by us, or removed, without a legal sentence of his peers, from his lands, castles, liberties or lawful right, we shall straightway restore them to him. And if a dispute shall arise concerning this matter it shall be settled according to the judgement of the twenty-five barons who are mentioned below as sureties for the peace. But with regard to all those things of which any one was, by king Henry our father or king Richard our brother, disseized or dispossessed without legal judgement of his peers, which we have in our hand or which others hold, and for which we ought to give a guarantee: We shall have respite until the common term for crusaders. Except with regard to those concerning which a plea was moved, or an inquest made by our order, before we took the cross. But when we return from our pilgrimage, or if, by chance, we desist from our pilgrimage, we shall straightway then show full justice regarding them.

53. We shall have the same respite, moreover, and in the same manner, in the matter of showing justice with regard to forests to be annulled and forests to remain, which Henry our father or Richard our brother constituted; and in the matter of wardships of lands which belong to the fee of another--wardships of which kind we have hitherto enjoyed by reason of the fee which some one held from us in military service;--and in the matter of abbeys founded in the fee of another than ourselves--in which the lord of the fee may say that he has jurisdiction. And when we return, or if we desist from our pilgrimage, we shall straightway exhibit full justice to those complaining with regard to these matters.

54. No one shall be taken or imprisoned on account of the appeal of a woman concerning the death of another than her husband.

55. All fines imposed by us unjustly and contrary to the law of the land, and all amerciaments made unjustly and contrary to the law of the land, shall be altogether remitted, or it shall be done with regard to them according to the judgement of the twenty five barons mentioned below as sureties for the peace, or according to the judgement of the majority of them together with the aforesaid Stephen archbishop of Canterbury, if he can be present, and with others whom he may wish to associate with himself for this purpose. And if he can not be present, the affair shall nevertheless proceed without him; in such way that, if one or more of the said twenty five barons shall be concerned in a similar complaint, they shall be removed as to this particular decision, and, in their place, for this purpose alone, others shall be substituted who shall be chosen and sworn by the remainder of those twenty five.

56. If we have disseized or dispossessed Welshmen of their lands or liberties or other things without legal judgement of their peers, in England or in Wales,--they shall straightway be restored to them. And if a dispute shall arise concerning this, then action shall be taken upon it in the March through judgement of their peers- -concerning English holdings according to the law of England, concerning Welsh holdings according to the law of Wales, concerning holdings in the March according to the law of the March. The Welsh shall do likewise with regard to us and our subjects.

57. But with regard to all those things of which any one of the Welsh by king Henry our father or king Richard our brother, disseized or dispossessed without legal judgement of his peers, which we have in our hand or which others hold, and for which we ought to give a guarantee: we shall have respite until the common term for crusaders. Except with regard to those concerning which a plea was moved, or an inquest made by our order, before we took the cross. But when we return from our pilgrimage, or if, by chance, we desist from our pilgrimage, we shall straightway then show full justice regarding them, according to the laws of Wales and the aforesaid districts.

58. We shall straightway return the son of Llewelin and all the Welsh hostages, and the charters delivered to us as surety for the peace.

59. We shall act towards Alexander king of the Scots regarding the restoration of his sisters, and his hostages, and his liberties and his lawful right, as we shall act towards our other barons of England; unless it ought to be otherwise according to the charters which we hold from William, his father, the former king of the Scots. And this shall be done through judgement of his peers in our court.

60. Moreover all the subjects of our realm, clergy as well as laity, shall, as far as pertains to them, observe, with regard to their vassals, all these aforesaid customs and liberties which we have decreed shall, as far as pertains to us, be observed in our realm with regard to our own.

61. Inasmuch as, for the sake of God, and for the bettering of our realm, and for the more ready healing of the discord which has arisen between us and our barons, we have made all these aforesaid concessions,--wishing them to enjoy for ever entire and firm stability, we make and grant to them the following security: that the baron, namely, may elect at their pleaure twenty five barons from the realm, who ought, with all their strength, to observe, maintain and cause to be observed, the peace and privileges which we have granted to them and confirmed by this our present charter. In such wise, namely, that if we, or our justice, or our bailiffs, or any one of our servants shall have transgressed against any one in any respect, or shall have broken one of the articles of peace or security, and our transgression shall have been shown to four barons of the aforesaid twenty five: those four barons shall come to us, or, if we are abroad, to our justice, showing to us our error; and they shall ask us to cause that error to be amended without delay. And if we do not amend that error, or, we being abroad, if our justice do not amend it within a term of forty days from the time when it was shown to us or, we being abroad, to our justice: the aforesaid four barons shall refer the matter to the remainder of the twenty five barons, and those twenty five barons, with the whole land in common, shall distrain and oppress us in every way in their power,--namely, by taking our castles, lands and possessions, and in every other way that they can, until amends shall have been made according to their judgement. Saving the persons of ourselves, our queen and our children. And when amends shall have been made they shall be in accord with us as they had been previously. And whoever of the land wishes to do so, shall swear that in carrying out all the aforesaid measures he will obey the mandates of the aforesaid twenty five barons, and that, with them, he will oppress us to the extent of his power. And, to any one who wishes to do so, we publicly and freely give permission to swear; and we will never prevent any one from swearing. Moreover, all those in the land who shall be unwilling, themselves and of their own accord, to swear to the twenty five barons as to distraining and oppressing us with them: such ones we shall make to wear by our mandate, as has been said. And if any one of the twenty five barons shall die, or leave the country, or in any other way be prevented from carrying out the aforesaid measures,--the remainder of the aforesaid twenty five barons shall choose another in his place, according to their judgement, who shall be sworn in the same way as the others. Moreover, in all things entrusted to those twenty five barons to be carried out, if those twenty five shall be present and chance to disagree among themselves with regard to some matter, or if some of them, having been summoned, shall be unwilling or unable to be present: that which the majority of those present shall decide or decree shall be considered binding and valid, just as if all the twenty five had consented to it. And the aforesaid twenty five shall swear that they will faithfully observe all the foregoing, and will cause them be observed to the extent of their power. And we shall obtain nothing from any one, either through ourselves or through another, by which any of those concessions and liberties may be revoked or diminished. And if any such thing shall have been obtained, it shall be vain and invalid, and we shall never make use of it either through ourselves or through another.

62. And we have fully remitted to all, and pardoned, all the ill- will, anger and rancour which have arisen between us and our subjects, clergy and laity, from the time of the struggle. Moreover have fully remitted to all, clergy and laity, and--as far as pertains to us--have pardoned fully all the transgressions committed, on the occasion of that same struggle, from Easter of the sixteenth year of our reign until the re-establishment of peace. In witness of which, more-over, we have caused to be drawn up for them letters patent of lord Stephen, archbishop of Canterbury, lord Henry, archbishop of Dubland the aforesaid bishops and master Pandulf, regarding that surety and the aforesaid concessions.

63. Wherefore we will and firmly decree that the English church shall be free, and that the subjects of our realm shall have and hold all the aforesaid liberties, rights and concessions, duly and in peace, freely and quietly, fully and entirely, for themselves and their heirs from us and our heirs, in all matters and in all places, forever, as has been said. Moreover it has been sworn, on our part as well as on the part of the barons, that all these above mentioned provisions shall observed with good faith and without evil intent. The witnesses being the above mentioned and many others. Given through our hand, in the plain called Runnymede between Windsor and Stanes, on the fifteenth day of June, in the seventeenth year of our reign.

Constitutions of Clarendon 1164

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From the year of our Lord’s incarnation 1164, the fourth year of the papacy of Alexander, the tenth of the most illustrious Henry, king of the English, in the presence of the same king, was made this remembrance or recognition of a certain part of the customs, liberties, and dignities of his predecessors, that is to say of King Henry his grand father and others, which ought to be observed and held in the kingdom. And because of discesnsions and discords which had arisen between the clergy and the lord king’s justices and the barons of the kingdom concerning the customs and dignities, this recognition has been made before the archbishops and bishops and clergy, and the earls and barons and great men of the kingdom. And these same customs declared by the archbishops, bishops, earls, and barons, and by the nobler and older men of the kingdom, Thomas archbishop of Canterbury and Roger archbishop of York and Gilbert bishop of London and Henry bishop of Winchester and Nigel bishop of Ely and William bishop of Norwich and Robert bishop of Lincoln and Hilary bishop of Chichester and Jocelin bishop of Salisbury and Richard bishop of Chester and Bartholomew bishop of Exeter and Robert bishop of Hereford and David bishop of St. David’s and Roger elect of Worcester conceded and on the word of truth firmly promised by word of mouth should be held and observed for the lord king and his heirs in good faith and without subtlety, these being present: Robert earl of Leicester, Reginald earl of Cornwall, Conan earl of Brittany, John earl of Eu, Roger earl of Clare, earl Geoffrey de Mandeville, Hugh earl of Chester, William earl of Arundel, earl Patrick, William earl of Ferrers, Richard de Luci, Reginald de Mowbray, Simon de Beauchamp, Humphrey de Bohun, Matthew de Hereford, Walter de Mayenne, Manser Biset the steard, William Malet, William de Coerce, Robert de Dunstaville, Jocelin de Baillol, William de Lanvallei, William de Caisnet, Geoffrey de Vere, William de Hastings, Hugh de Moreville, Alan de Neville, Simon Fitz Peter, William Maudit the chamberlain, John Maudit, John Marshall, Peter de Mara and many other great men and nobles of the kingdom both clergy and laymen. A certain part of the customs and dignities which were recognized is contained in the present writing. Of which part these are the articles:

1. If a controversy arise between laymen, or between laymen and clerks, or between clerks concerning patronage and presentation of churches, it shall be treated or concluded in the court of the lord king.

2. Churches of the lord king’s fee cannot be permanently bestowed without his consent and grant.

3. Clerks charged and accused of any matter, summoned by the king’s justice, shall come into his court to answer there to whatever it shall seem to the king’s court should be answered there; and in the church court to what it seems should be answered there; however the king’s justice shall send into the court of holy Church for the purpose of seeing how the matter shall be treated there. And if the clerk be convicted or confess, the church ought not to protect him further.

4. It is not permitted the archbishops, bishops, and priests of the kingdom to leave the kingdom without the lord king’s permission. And if they do leave they are to give security, if the lord king please, that they will seek no evil or damage to king or kingdom in going, in making their stay, or in returning.

5. Excommunicate persons ought not to give security for an indefinite time, or give an oath, but only security and pledge for submitting to the judgment of the church in order that they may be absolved.

6. Laymen ought not to be accused save by dependable and lawful accusers and witnesses in the presence of the bishop, yet so that the archdeacon lose no this right or anything which he ought to have thence. And if there should be those who are deemed culpable, but whom no one wishes or dares to accuse, the sheriff, upon the bishop’s request, shall cause twelve lawful men of the neighborhood or the vill to take oath before the bishop that they will show the truth of the matter according to their conscience.

7. No one who holds of the king in chief or any of the officials of his demesne is to be excommunicated or his lands placed under interdict unless the lord king, if he be in the land, or his justiciar, if he be outside the kingdom, first gives his consent, that he may do for him what is right: yet so that what pertains to the royal court be concluded there, and what looks to the church court be sent thither to be concluded there.

8. As to appeals which may arise, they should pass from the archdeacon to the bishop, and from the bishop to the archbishop. And if the archbishop fail in furnishing justice, the amtter should come to the lord king at the last, that at his command the litigation be concluded in the archbishop’s court; and so because it should not pass further without the lord king’s consent.

9. If litigation arise between a clerk concerning any holding which the clerk would bring to charitable tenure but the layman to lay fee, it shall be determined on the decision of the king’s chief justice by the recognition of twelve lawful men in the presence of the king’s justice himself whether the holding pertain to charitable tenure or to lay fee. And if the recognition declare it to be charitable tenure, it shall be litigated in the church court, but if lay fee, unless both plead under the same bishop or baron, the litigation shall be in the royal court. But if both plead concerning that fief under the same bishop or baron, it shall be litigated in his court; yet so that he who was first seised lose not his seisin on account of the recognition that was made, until the matter be determined by the plea.

10. If any one who is of a city, castle, borough, or demesne manor of the kings hall be cited by archdeacon or bishop for any offense for which he ought to beheld answerable to them and despite their summonses he refuse to do what is right, it is fully permissible to place him under interdict, but he ought not to be excommunicated before the king’s chief official of that vill shall agree, in order that he may authoritatively constrain him to come to his trial. But if the king’s official fail in this, he himself shall be in the lord king’s mercy; and then the bishop shall be able to coerce the accused man by ecclesiastical authority.

11. Archbishops, bishops, and all ecclesiastics of the kingdom who hold of the king in chief have their possessions of the lord king as barony and answer for them to the king’s justices and ministers and follow and do all royal rights and customs; and they ought, just like other barons, to be present at the judgments of the lord king’s court along with the barons, until it come in judgment to loss of limbs or death.

12. When an archbishopric or bishopric, or an abbey or priory of the king’s demesne shall be vacant, it ought to be in his hands, and he shall assume its revenues and expenses as pertaining to his demesne. And when the time comes to provide for the church, the lord king should notify the more important clergy of the church, and the election should be held in the lord king’s own chapel with the assent of the lord king and on the advice of the clergy of the realm whom he has summoned for the purpose. And there, before he be consecrated, let the elect perform homage and fealty to the lord king as his liege lord for life, limbs, and earthly honor, saving his order.

13. If any of the great men of the kingdom should forcibly prevent archbishop, bishop, or archdeacon from administering justice in which he or his men were concerned, then the lord king ought to bring such an one to justice. And if it should happen that any one deforce the lord king of his right, archbishops, bishops, and archdeacons ought to constrain him to make satisfaction to the lord king.

14. Chattels which have been forfeited to the king are not to be held in churches or cemetaries against the king’s justice, because they belong to the king whether they be found inside churches or outside.

15. Pleas concerning debts, which are owed on the basis of an oath or in connection with which no oath has been taken, are in the king’s justice.

Sons of villeins should not be ordained without the consent of the lord on whose land it is ascertained they were born. The declaration of the above-mentioned royal customs and dignities has been made by the archbishops, bishops, earls, barons, and the nobler and older men of the kingdom, at Clarendon on the fourth day before the Purification of the Blessed Virgin Mary, lord Henry being present there with the lord king his father. There are, indeed, many other great customs and dignities of holy mother church and of the lord king and barons of the kingdom, which are not included in this writing, but which are to be preserved to holy church and to the lord king and his heirs and the barons of the kingdom, and are to be kept inviolate for ever.

Note: translated in Albert Beebe White and Wallce Notestein, eds., Source Problems in English History (New York: Harper and Brothers, 1915).