44. MAGNA CARTA (1215)
John, by the grace of God king of England, lord of Ireland, duke of
Normandy and of Aquitaine, and count of Anjou, to his archbishops, bishops,
abbots, earls, barons, justiciars, foresters, sheriffs, reeves, ministers, and
all his bailiffs and faithful men, greeting. Know that, through the inspiration
of God, for the health of our soul and [the souls] of all our ancestors and
heirs, for the honour of God and the exaltation of Holy Church, and for the
betterment of our realm, by the counsel of our venerable
fathers ..., of our nobles..., and of
our other faithful men —
1. We have in the first place granted to God and by
this our present charter have confirmed, for us and our heirs forever, that the
English Church shall be free and shall have its rights entire and its liberties
inviolate. And how we wish [that freedom] to be observed appears from this,
that of our own pure and free will, before the conflict that arose between us
and our barons, we granted and by our charter confirmed the liberty of election
that is considered of prime importance and necessity for the English
Church, and we obtained confirmation of it from the lord
pope Innocent III — which [charter] we will observe ourself and we wish to
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 liberties
hereinunder written, to be had and held by them and their heirs of us and our
2. If any one of our earls or barons or other men
holding of us in chief dies, and if when he dies his heir is of full age and
owes relief, [that heir] shall have his inheritance for the ancient relief:
namely, the heir or heirs of an earl £100 for the whole barony of an
earl; the heir or heirs of a baron £100 for a whole barony; the heir or
heirs of a knight 100s, at most for a whole knight's fee.
And let whoever owes less give less, according to the ancient custom of
3. If, however, the heir of any such person is under
age and is in wardship, he shall, when he comes of age, have his
inheritance without relief and without fine.
4. The guardian of the land of such an heir who is
under age shall not take from the land of the heir more than reasonable issues
and reasonable customs and reasonable services, and this without destruction
and waste of men or things. And if we entrust the wardship of any such land to
a sheriff or to any one else who is to answer to us for its issues, and if he
causes destruction or waste of [what is under] wardship, we will exact
compensation from him; and the land shall be entrusted to two discreet and
lawful men of that fief, who shall answer for the issues to us or the man to
whom we may assign them. And if we give or sell the wardship of any such land
to any one, and if he causes destruction or waste of it, he shall forfeit that
wardship and it shall be given to two discreet and lawful men of that fief, who
likewise shall answer to us as aforesaid.
5. Moreover, the guardian, so long as he has wardship
of the land, shall from the issues of that same land keep up the houses, parks,
preserves, fish-ponds, mills, and other things belonging to that land. And to
the heir, when he comes of full age, [the guardian] shall give all his land,
stocked with ploughsand produce, according
to what crops may be seasonable and to what the issues of the land can
6. Heirs shall be married without disparagement;
yet so that, before the marriage is contracted, it shall be announced to the
blood-relatives of the said heir.
7. A widow shall have her marriage portion and
inheritance immediately after the death of her husband and without difficulty;
nor shall she give anything for her dowry or for her marriage portion or for
her inheritance — which inheritance she and her husband were holding on
the day of that husband's death. And after his death she shall remain in the
house of her husband for forty days, within which her dowry shall
be assigned to her.
8. No widow shall be forced to marry so long as she
wishes to live without a husband; yet so that she shall give security against
marrying without our consent if she holds of us, or without the consent of her
lord if she holds of another.
9. Neither we nor our bailiffs will seize any land or
revenue for any debt, so long as the chattels of the debtor are sufficient to
repay the debt; nor shall the sureties of that debtor be
distrained so long as the chief debtor is himself able to pay the debt. And if
the chief debtor, having nothing with which to pay, defaults in
payment of the debt, the sureties shall be responsible for the debt; and, if
they wish, they shall have the lands and revenues of the debtor until
satisfaction is made to them for the debt which they previously paid on his
behalf, unless the chief debtor proves that he is quit of such responsibility
toward the said sureties.
10. If any one has taken anything, whether much or
little, by way of loan from Jews, and if he dies before that debt is paid, the
debt shall not carry usury so long as the heir is under age, from whomsoever he
may hold. And if that debt falls into our hands, we will take only the
principal contained in the note.
11. And if any one dies owing a debt to Jews, his
wife shall have her dowry and shall pay nothing on that debt. And if the said
deceased is survived by children who are under age, necessities shall be
provided for them in proportion to the tenement that belonged to the deceased;
and the debt shall be paid from the remainder, saving the service of the lords.
In the same way let action be taken with regard to debts owed to others besides
12. Scutage or aid shall be levied in our kingdom
only by the common counsel of our kingdom, except for ransoming our body, for
knighting our eldest son, and for once marrying our eldest daughter; and for
these [purposes] only a reasonable aid shall be taken. The same provision shall
hold with regard to the aids of the city of London.
13. And the city of London shall have all its ancient
liberties and free customs, both by land and by water. Besides we will
and grant that all the other cities, boroughs, towns, and ports
shall have all their liberties and free customs.
14. And in order to have the common counsel of the
kingdom for assessing aid other than in the three cases aforesaid, or for
assessing scutage, we will cause the archbishops, bishops, abbots, earls, and
greater barons to be summoned by our letters individually; and besides we will
cause to be summoned in general, through our sheriffs and bailiffs, all those
who hold of us in chief — for a certain day, namely, at the end of forty
days at least, and to a certain place. And in all such letters of summons we
will state the cause of the summons; and when the summons has thus been made,
the business assigned for the day shall proceed according to the counsel of
those who are present, although all those summoned may not come.
15. In the future we will not grant to any one that
he may take aid from his freemen, except for ransoming his body, for knighting
his eldest son, and for once marrying his eldest daughter; and for these
[purposes] only a reasonable aid shall be taken.
16. No one shall be distrained to render greater
service from a knight's fee, or from any other free tenement, than is thence
17. Common pleas shall not follow our court, but shall
be held in some definite place.
18. Assizes of novel disseisin, of mort d'ancestor,
and of darrein presentment shall be held only in their
counties [of origin] and in this way: we, or our chief justice if we are out of
the kingdom, will send two justices through each countyfour
times a year; and they, together with four knights of each county elected by
the county [court], shall hold the aforesaid assizes in the county, on the day
and at the place [set for the meeting] of the county [court].
19. And if within the day [set for the meeting] of
the county [court] the aforesaid assizes cannot be held, as many knights and
free tenants shall remain of those present at the county [court] on that day as
may be needed for holding the trials, according as the business is greater or
20. A freeman shall be amerced for a small offence
only according to the degree of the offence; and for a grave offence he shall
be amerced according to the gravity of the offence, saving his
contenement. And a merchant shall be amerced in the same way,
saving his merchandise; and a villein in the same way, saving his
wainage[20 ] — should they fall into our mercy. And none of the
aforesaid amercements shall be imposed except by the oaths of good men from the
21. Earls and barons shall be amerced only by their
peers, and only according to the degree of the misdeed.
22. No clergyman shall be amerced with respect to his
lay tenement except in the manner of those aforesaid, not according to the
value of his ecclesiastical benefice.
23. Neither vill nor man shall be distrained to make
bridges on river-banks, except such as by right and ancient custom ought to do
24. No sheriff, constable, coroner, or other bailiff
of ours shall hold the pleas of our crown.
25. All counties, hundreds, wapentakes, and
trithings shall remain at the ancient farms without any
increment, with the exception of our demesne manors.
26. If any one holding a lay fee of us dies, and if
our sheriff or bailiff shows our letters patent of summons concerning a debt
that the deceased owed to us, our sheriff or bailiff shall be permitted, by
view of lawful men, to attach and record such chattels of the deceased as are
found on the lay fief to the value of that debt; so that, moreover, nothing
shall thence be removed until a debt that is manifestly owed shall be paid to
us. And the residue shall be left to the executors for carrying out the will of
the deceased. And if nothing is owed us from it, all the chattels shall be
yielded to [disposition by] the deceased, saving to his wife and children their
27. If any freeman dies intestate, his chattels,
under ecclesiastical inspection, shall be distributed by the hands of his near
relatives and friends, saving to each [creditor] the debts that the deceased
28. No constable or other bailiff of ours shall take
grain or other chattels of any one without immediate payment therefor in money,
unless by the will of the seller he may secure postponement of that
29. No constable shall distrain any knight to pay
money for castle-guard when he is willing to perform that service himself, or
through another good man if for reasonable cause he is unable to perform it
himself. And if we lead or send him on a military expedition, he shall be quit
of [castle-] guard for so long a time as he shall be with the armyat our command.
30. No sheriff or bailiff of ours, nor any other
person, shall take the horses or carts of any freeman for carrying
service,except by the will of that freeman.
31. Neither we nor our bailiffs will take
some one else's wood for [repairing] castles or for doing any other work of
ours, except by the will of him to whom the wood belongs.
32. We will hold the lands of those convicted of
felony only for a year and a day, and the lands shall then be given to the
lords of the fiefs [concerned].
33. All fish-weirs shall henceforth be entirely
removed from the Thames and the Medway and throughout all England except along
34. Henceforth the writ called praecipe shall not be
issued for any one concerning any tenement whereby a freeman may lose his
35. There shall be one measure of wine throughout our
entire kingdom, and one measure of ale; also one measure of grain, namely, the
quarter of London; and one width of dyed cloth, russet [cloth], and hauberk
[cloth], namely, two yards between the borders. With weights,
moreover, it shall be as with measures.
36. Nothing henceforth shall be taken or given for the
writ of inquisition concerning life and limbs, but it shall be
issued gratis and shall not be denied.
37. If any one holding of us by fee-farm or by socage
or by burgage holds land of some one else by military service, on
account of that fee-farm or socage or burgage we are not to have the wardship
of the heir or of the land that is another's fee, unless the said [land held
by] fee-farm owes military service. By virtue of some little serjeanty held of
us by the service of rendering knives or arrows or something of the sort, we
are not to have wardship of any one's heir or of land that he holds of another
by military service.
38. No bailiff shall henceforth put any one to his
law by merely bringing suit [against him] without trustworthy
witnesses presented for this purpose.
39. No freeman shall be captured or imprisoned or
disseised or outlawed or exiled or in any way destroyed, nor will
we go against him or send against 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 deny or
delay right or justice.
41. All merchants may safely and securely
go away from England, come to England, stay in and go through England, by land
or by water, for buying and selling under right and ancient customs and without
any evil exactions, except in time of war if they are from the
land at war with us. And if such persons are found in our land at the beginning
of a war, they shall be arrested without injury to their bodies or goods until
we or our chief justice can ascertain how the merchants of our land who may
then be found in the land at war with us are to be treated. And if our men are
to be safe, the others shall be safe in our land.
42. Every one shall henceforth be permitted, saving
our fealty, to leave our kingdom and to return in safety and security, by land
or by water, except in the common interest of the realm for a brief period
during wartime, and excepting [always] men imprisoned or outlawed according to
the law of the kingdom and people from a land at war with us and merchants, who
are to be treated as aforesaid.
43. If any one holds of any escheat — such as the
honour of Wallingford, Nottingham, Boulogne, Lancaster, or the other escheats
that are in our hands and are baronies — and if he dies, his heir shall
give only such relief and shall render us only such service as would be due to
the baron if that barony were in the hands of the baron; and we shall hold it
in the same way that the baron held it.
44. Men dwelling outside the forest shall no
longer, in consequence of a general summons, come before our justices of the
forest, unless they are [involved] in a plea [of the forest] or are sureties of
some person or persons who have been arrested for [offences against] the
45. We will appoint as justiciars, constables,
sheriffs, or bailiffs only such men as know the law of the kingdom and well
desire to observe it.
46. All barons who have founded abbeys, concerning
which they have charters from kings of England or [enjoy] ancient tenures,
shall have the custody of those [abbeys] during vacancies, as they ought to
47. All forests that have been afforested in our
time shall at once be disafforested; and the same shall be done with regard to
riverbanks which in our time we have placed under ban.
48. Concerning all bad customs of forest and
warrens, of foresters and warreners, of sheriffs and their officers, and of
river-banks and their wardens, inquisition shall at once be made in each county
through twelve knights of that same county placed under oath, who ought to be
elected by the good men of the same county. And within forty days after the
inquisition has been made, they shall be utterly abolished by the same
[knights], so that they shall never be restored; in such fashion [however] that
we may have prior notice, or our justiciar [may] if we are not in
49. We will immediately restore all hostages and
charters which were delivered to us by Englishmen as security for the peace or
for faithful service.
50. We will utterly remove from their offices the
relatives of Gérard d'Athée, Engelard de Cigogne, Peter and Guy
and Andrew de Chanceaux, Guy de Cigogne, Geoffrey de Martigny and his brothers,
Philip Marc and his brothers and his nephew Geoffrey, together with all their
adherents, so that henceforth they shall have no office in England.
51. And immediately after the restoration of peace
we will remove from the kingdom all alien knights, crossbowmen, serjeants, and
mercenaries, who have come with horses and arms to the injury of the
52. If any one, without the lawful judgment of his
peers, has been disseised or deprived by us of his lands, castles, liberties,
or rights, we will at once restore them to him. And if a dispute arises in this
connection, then let the matter be decided by the judgment of the twenty-five
barons, concerning whom provision is made below in [the article on] security
for the peace. With regard, however, to all those [possessions] of which any
one, without lawful judgment of his peers, was disseised or deprived by King
Henry, our father, or by King Richard, our brother — which possessions we
have in our hands or which are held by others whose possession we are bound to
warrant — we are to have respite for the ordinary term of
crusaders, except those [possessions] concerning which suit
was brought or inquest was made by our precept before we took the cross.
Moreover, when we return from our journey, or if perchance we abandon our
journey, we will at once administer full justice in such matters.
53. Moreover, we are to have similar respite and in
the same way with regard to the disafforestation or retention of the forests
which Henry, our father, or Richard, our brother, afforested; with regard to
wardships over lands of another's fee, which sort of wardships we have hitherto
enjoyed on account of a fee that any one holds of us by military
service, and with regard to abbeys which were founded in a
fee other than our own, and over which the lord of the fee has asserted that he
has the right. And when we return, or if we abandon our journey, we will at
once give full justice to those making complaints in such matters.
54. No one shall be seized or imprisoned on the appeal
of a woman for the death of any one but her husband.
55. All fines which have been made with us unjustly
and contrary to the law of the land, and all amercements made unjustly and
contrary to the law of the land, are to be entirely pardoned; or decision is
thereon to be made by the judgment of the twenty-five barons concerning whom
provision is made below in [the article on] security for the peace, or by the
judgment of the majority of them, together with the aforesaid Stephen,
archbishop of Canterbury, if he can be present, and other men whom he may wish
to associate with himself for this purpose — and if he cannot be present,
the business shall nevertheless proceed without him; yet so that, if any one or
more of the twenty-five barons aforesaid are [involved] in a dispute of this
kind, they shall be removed so far as this judgment is concerned, and others,
elected and sworn for this purpose, shall be substituted in their places by the
rest of the twenty-five.
56. If, without the lawful judgment of their peers,
we have disseised or deprived Welshmen of their lands, liberties, or other
things in England or in Wales, [the same] shall be immediately restored to
them. And if a dispute arises in this connection, then decision is thereon to
be made in the [Welsh] march by the judgment of their peers — according to
the law of England for their tenements in England, according to the law of
Wales for their tenements in Wales, and according to the law of the march for
their tenements in the march. Welshmen shall act in the same way toward us and
57. Moreover, with regard to those [possessions] of
which any Welshman, without the lawful judgment of his peers, was disseised or
deprived by King Henry, our father, or King Richard, our
58. We will at once restore the son of Llewelyn and
all the [other] hostages of Wales, together with the charters that were given
us as security for the peace.
59. We will act toward Alexander, king of the
Scots, in the matter of restoring his sisters and the [other] hostages,
together with his liberties and rights in the same way as we act toward our
other barons of England, unless by the charters which we
have from his father William, one time king of the Scots, the action ought to
be otherwise — and this shall be [determined] by the judgment of his peers
in our court.
60. Now all these aforesaid customs and liberties,
which we have granted, in so far as concerns us, to be observed in our kingdom
toward our men, all men of our kingdom, both clergy and laity, shall, in so far
as concerns them, observe toward their men.
61. Since moreover for [the love of] God, for the
improvement of our kingdom, and for the better allayment of the conflict that
has arisen between us and our barons, we have granted all these [liberties]
aforesaid, wishing them to enjoy those [liberties] by full and firm
establishment forever, we have made and granted them the following security:
namely, that the barons shall elect twenty-five barons of the kingdom,
whomsoever they please, who to the best of their ability should observe, hold,
and cause to be observed the peace and liberties that we have granted to them
and have confirmed by this our present charter; so that, specifically, if we or
our justiciar or our bailiffs or any of our ministers are in any respect
delinquent toward any one or trangress any article of the peace or the
security, and if the delinquency is shown to four barons of the aforesaid
twenty-five barons, those four barons shall come to us, or to our justiciar if
we are out of the kingdom, to explain to us the wrong, asking that without
delay we cause this wrong to be redressed. And if within a period of forty
days, counted from the time that notification is made to us, or to our
justiciar if we are out of the kingdom, we do not redress the wrong, or, if we
are out of the kingdom, our justiciar does not redress it, the four barons
aforesaid shall refer that case to the rest of the twenty-five barons, and
those twenty-five barons, together with the community of the entire country,
shall distress and injure us in all ways possible — namely, by capturing
our castles, lands, and possessions and in all ways that they can — until
they secure redress according to their own decision, saving our person and [the
person] of our queen and [the persons] of our children. And when redress has
been made, they shall be obedient to us as they were before. And any one in the
land who wishes shall swear that, for carrying out the aforesaid matters, he
will obey the commands of the twenty-five barons aforesaid and that he, with
his men, will injure us to the best of his ability; and we publicly and freely
give licence of [thus] swearing to every one who wishes to do so, and to no one
will we ever prohibit [such] swearing. Moreover, all those of the land who of
themselves and by their own free will are unwilling to take the oath for the
twenty-five barons, with them to distress and injure us, we will by our mandate
cause to swear [such an oath] as aforesaid. And if any one of the twenty-five
barons dies or departs from the land, or in any other way is prevented from
carrying out these aforesaid matters, the rest of the twenty-five barons
aforesaid shall by their own decision choose another in his place, who is to be
sworn in the same way as the others. Moreover, in all the matters entrusted to
those twenty-five barons for execution, if perchance the same twenty-five are
present and disagree among themselves in some respect, or if certain of those
summoned are unwilling or unable to be present, that which the majority of
those present may provide or command shall be held as settled and established,
just as if all twenty-five had agreed to it. And the aforesaid twenty-five
shall swear that they will faithfully observe all that has been set forth
above. And neither of ourself nor through others will we procure from any one
anything whereby any of these concessions and liberties may be revoked or
diminished; and should anything of the sort be procured, it shall be null and
void, and we will never make use of it either of ourself or through
62. And to all we freely pardon and condone all the
ill-will, indignation, and rancour that from the beginning of the conflict have
arisen between us and our men, both clergy and laity. Furthermore, to all,
whether clergy or laity, we fully pardon and condone, in so far as pertains to
us, all trespasses committed on account of the said conflict since Easter in
the sixteenth year of our reign until the reestablishment of peace. And besides
we have caused to be drawn up for them letters patent of the lord Stephen,
archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the
bishops aforesaid, and of Master Pandulf, in witness of
that security and the concessions aforesaid.
63. Wherefore we wish and straitly enjoin that the
English Church shall be free and that the men in our kingdom shall have and
holà all the aforesaid liberties, rights, and grants well and in peace,
freely and quietly, fully and completely, for themselves and their heirs from
us and our heirs, in all things and in all places forever, as aforesaid.
Moreover, it has been sworn both on our part and on the part of the barons that
all the aforesaid [provisions] shall be observed in good faith and without
malicious intent. By the witness of the aforesaid men and of many others. Given
by our hand in the meadow that is called Runnymede between Windsor and Staines,
June 15, in the seventeenth year of our reign.
(Latin) Ibid., pp. 292 f., 336 f., 341 f., 350
 John's charter was reissued under Henry III in 1216 and
again in 1217, at both times with considerable revision. The second reissue was
confirmed with minor changes by Henry III in 1225, after he had been declared
of age, and this remained the official Magna Carta of subsequent reigns. Parts
of the original charter omitted after 1215 are here printed in italics. It has
not been thought necessary to show how the introductory and final clauses were
modified in each reissue, but noteworthy alterations of the numbered articles
are given in the footnotes. The latter also include explanations of the more
obscure words and phrases. For more detailed comment, see McKechnie, Magna
Carta; and for all points connected with the reissues, see Faith Thompson,
The First Century of Magna Carta.
 Here in the text follow the names of eleven
 Here in the text follow the names of sixteen lay
 Above, no. 43.
 On the interpretation of this article, see J. H. Round, in
Magna Carta Commemoration Essays, pp. 46 f.
 In the reissues this article ends as follows: "his lord
shall not have wardship over him or over his land before receiving his homage.
And when such heir, being under wardship, comes of age — that is to say,
[attains] his twenty-first year — he shall have his inheritance without
relief and without fine; so that, although he may become a knight while he is
yet under age, his land shall nevertheless remain under the wardship of his
lords until the term aforesaid."
 A term often used for an offering or a composition.
 In the reissues this article ends as follows: "and with all
other things as, at least, he received it. All these [provisions] are to be
observed with regard to custody over archbishoprics, bishoprics, abbeys,
priories, churches, and vacant prelacies that belong to us, except that rights
of this sort ought not to be sold."
Wainnagium, by which the context forces us to
understand chiefly harvested crops necessary for seed and the upkeep of the
 Changed in the second reissue to "principal dwelling."
 See above, p. 47, n. 3. The second reissue adds: "unless
it has been assigned to her earlier, or unless that house is a castle. And if
she leaves the castle, she shall at once be provided with a suitable house, in
which she may honourably dwell until her dowry is assigned to her as aforesaid.
And in the meantime she shall have her reasonable estovers of common. Moreover,
she shall be assigned as dowry one-third of all the land held by her husband
during his lifetime, unless she was endowed with less at the church door."
Estovers of common were a share of the produce.
[12 ]The reissues here insert the clause: "and the debtor is
himself ready to satisfy [the debt] from them."
 The reissues here insert the clause: "or being unwilling
to pay when he can."
 Literally, "in the same way let it be done...." The
Londoners had wanted a guarantee of exemption from forced taxes, but secured
only this vague and ambiguous article; see C. Stephenson, Borough and
Town, p. 183.
 The reissues here make specific mention of the barons of
the Cinque Ports; see above, p. 103, n. 17.
 See no. 33.
 The second reissue substitutes the following provisions:
"once a year; and they, together with the knights of the counties, shall hold
the aforesaid assizes in the counties. And those matters which cannot be
concluded during that visit in the county by the aforesaid justices, sent to
hold the said assizes, shall be concluded by the same men elsewhere on their
eyre. And those matters which, owing to the difficulty of some particulars,
cannot be determined by the same men shall be referred to our justices of the
bench and there concluded. Assizes of darrein presentment shall always be held
before the justices of the bench and there concluded. " The court of the bench
(de banco) was that which became known as the court of common pleas; see
Pollock and Maitland, I. 198 f.
 Sufficient property to guarantee sustenance for himself
and his family.
 The second reissue here inserts: "of some one else, not
 See above, p. 116, n. 9.
 Under such conditions the amercement was said to be
 Social equals.
 The wording of this article is changed in the reissues,
but without affecting its meaning.
 See above, p. 53, n. 16.
 Certain large counties were divided into trithings or
ridings, and these were subdivided into hundreds or wapentakes.
 Changed in the second reissue to read: "No constable or
his bailiff shall take grain or other chattels of any one who is not of the
vill where the castle is situated without immediate payment therefor in money,
unless by the will of the seller he may secure postponement of that [payment].
If, moreover, he is of that vill, payment must be made within forty days."
[27 ]The reissues here substitute: "to perform the service owed
from his fief."
 The reissues end the clause as follows: "unless he makes
the anciently established payment [for such service]: namely, for a two-horse
cart 10d. a day and for a three-horse cart 14d. a day. No cart
from the demesne of any ecclesiastical parson or knight, or of any lady, shall
be taken by the aforesaid bailiffs."
 The second reissue here inserts: "nor other men."
 That is to say, through which procedure a baron or other
freeholder may lose jurisdiction over his men; see no. 33F.
 Perhaps cloth to be worn under a hauberk.
 Also called the writ de odio et atia; it was
designed to relieve a man of trial by combat when he had been appealed "through
spite and hatred." At this point the third reissue inserts: "by him who seeks
 These three tenures were alike in being free, though
 See above, p. 77, n. 3. The second reissue expands this
phrase to "manifest law or oath." The new provision was probably intended to
cover substitutes for the ordeal, which had been abolished by the Lateran
Council of 1215.
 The second reissue adds: "of any free tenement or
liberties or free customs."
 Presumably meaning "and"; cf. art. 56. The interpretation
is also aided by John's writ of May, 1215 (Rotuli Litterarum Patentium,
I, 141): "Know that we have granted to our barons who are opposing us that
we will neither capture nor disseise them or their men, nor will we go against
them with force or with arms, except by the law of our kingdom or by the
judgment of their peers in our court...." See McIlwain, in Magna Carta
Commemoration Essays, pp. 122 f.; and, for another interpretation, M.
Radin, Anglo-American Legal History, pp. 165 f.
 The reissues here insert: "unless they have earlier been
given public prohibition."
Malis toltis (maltotes); see no. 51C
 The second reissue adds: "Nor shall we, by virtue of such
barony or escheat, have any escheat or [enjoy] wardship over any of our men
unless he who held the barony or escheat [also] held of us in chief elsewhere."
And after this a new article is inserted, as follows: "Henceforth no freeman
shall give or sell to any one so much of his land that from what remains of it
whatever service pertains to the fief cannot adequately be performed for the
lord to whom it is owed."
 This became art. 2 of the Forest Charter, no. 45.
 Changed in the second reissue to read: "All patrons of
abbeys who have charters from kings of England concerning their advowson, or
[who enjoy] ancient tenure or possession [of that privilege], shall have
custody of those [abbeys] when they are vacant, as they ought to have and as
has been declared above."
 That is to say, reserved for the king's hawking. Part of
this article was incorporated in the Forest Charter (no. 45); the rest was made
into a new article in the second reissue.
 The three years' grace enjoyed by crusaders in meeting
 Cf. art. 37.
 The second reissue adds three new articles:
"Henceforth no county [court] shall be held oftener than once a month;
and wherever a longer time [between sessions] has been customary, let it be
longer. Nor shall any sheriff or his bailiff make his tourn* through a hundred
more often than twice a year; and [then he shall hold the court] only at the
due and accustomed place [and time], namely, once after Easter and again after
Michaelmas. And view of frankpledge shall without excuse be made then, at that
Michaelmas term; and in such a way that every one shall enjoy the liberties
which he was accustomed to have in the time of King Henry, our grandfather, or
which he has subsequently acquired. The view of frankpledge, moreover, shall be
made in this way: namely, so that our peace is maintained, the tithings are
[kept] whole as has been accustomed, and the sheriff does not seek excuses [for
additional revenue], but is content with what the sheriff was accustomed to
have for making his view in the time of King Henry, our grandfather.
"Henceforth no one shall be permitted to give his land to any religious
house in such a way as to receive it back, to be held of that house; nor shall
any religious house be permitted to accept the land of any one on condition
that it be given back, to be held by the man from whom it has been received.
If, moreover, any one henceforth grants his land to any religious house in this
way and is convicted of so doing, his grant shall be utterly quashed and that
land shall be forfeit to the lord of the fief.
"Scutage shall henceforth be taken as it was customarily taken in the
time of King Henry, our grandfather."
* See Pollock and Maitland, I, 530 f.
 The rest of this article repeats the ending of art.
 The Scottish king held the earldom of Huntingdon and other
English fiefs of King John.
 The papal legate.