Magna Carta 4
18. Inquests of novel disseisin, of mort d'ancester, 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 justiciars through
every county four times a year, who shall, along with four knights of
the county chosen by the county, hold the said assize in the county
court, on the day and in the place of meeting of that court.
19. And if any of the said assizes cannot be taken on the day of the
county court, let there remain of the knights and freeholders, who were
present at the county court on that day, as many as may be required for
the efficient making of judgments, according as the business be more or
less.
20. A freeman shall not be amerced for a slight offense, except in
accordance with the degree of the offense; and for a grave offense he
shall be amerced in accordance with the gravity of the offense, yet
saving always his "contentment;" and a merchant in the same way, saving
his "merchandise;" and a villein shall be amerced in the same way,
saving his "wainage"--if they have fallen into our mercy: and none of
the aforesaid amercements shall be impsed except by the oath of honest
men of the neighborhood.
21. Earls and barons shall not be amerced except through their peers,
and only in accordance with the degree of the offense.
22. A clerk shall not be amerced in respect of his lay holding except
after the manner of the others aforesaid; further, he shall not be
amerced in accordance with the extent of his ecclesiastical benefice.
23. No village or individual shall be compelled to make bridges at
river-banks, except those who from of old were legally bound to do so.
24. No sheriff, constable, coroners, or others of our bailiffs, shall
hold pleas of our Crown.
25. All counties, hundreds, wapentakes, and trithings (except our
demesne manors) shall remain at old rents, and without any additional
payment.***here may be an error
26. If any one 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 to us, it shall be lawful for our sheriff or bailiff
to attach and catalogue 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 then be removed until the debt
which is evident shall be fully paid to us; and the residue shall be
left to the executors to fulfil the will of the deceased; and if there
be nothing due from him to us, all the chattels shall go to
the deceased, saving to his wife and children their reasonable shares.
27. If any freeman shall die intestate, his chattels shall be
distributed by the hands of his nearest kinsfolk and friends, under
supervision of the church, saving to every one the debts which the
deceased owed to him.
28. No constable or other bailiff of ours shall take corn or other
provisions from any one without immediately tendering money therefor,
unless he can have postponement thereof by permission of the seller.
29. No constable shall compel any knight to give money in lieu
of castle-guard, when he is willing to perform it in his own person, or
(if he cannot do it from any reasonable cause) then by another
responsible man. Further, if we have led or sent him upon military
service, he shall be relieved from guard in proportion to the time
during which he has been on service because of us.
30. No sheriff or bailiff of ours, or other person, shall take the
horses or carts of any freeman for transport duty, against the will of
the said freeman.
31. Neither we nor our bailiffs shall take, for our castles or for any
other work of ours, wood which is not ours, against the will of the
owner of that wood.
32. We will not retain beyond one year and one day, the lands of those
who have been convicted of felony, and the lands shall thereafter be
handed over to the lords of the fiefs.
33. All kiddles for the future shall be removed altogether from Thames
and Medway, and throughout all England, except upon the seashore.
34. The writ which is called praecipe shall not for the future
be issued to any one, regarding any tenement whereby a freeman may lose
his court.
35. Let there be one measure of wine throughout our whole realm; and
one measure of ale; and one measure of corn, to wit, "the London
quarter;" and one width of cloth (whether dyed, or russet, or
"halberget"), to wit, two ells within the selvages; of weights also let
it be as of measures.
36. Nothing in future shall be given or taken for a writ of inquisition
of life or limbs, but freely it shall be granted, and never denied.
37. If any one holds of us by fee-farm, by socage, or by burgage,
and holds also land of another lord 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 is 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 serjeanty which any one may hold of us by the service of
rendering to us knives, arrows, or the like, have wardship of his heir
of the land which he holds of another lord by knight's service.
38. No bailiff for the future shall, upon his own unsupported
complaint, put any one to his "law," without credible witnesses brought
for this purpose.
39. No freeman shall be taken or imprisoned or disseised or exiled or
in anyway destroyed, nor will we go upon him nor send upon him, except
by the lawful judgment of his peers or by the law of the land.
40. To no one will we sell, to no one will we refuse or delay, right
or justice.
41. All merchants shall have safe and secure exit from England, and
entry to England, with the right to tarry there and to move about as
well by land as by water, for buying and selling by the ancient and
right customs, quit from all evil tolls, except (in time of war) such
merchants as are of the land at war with us. And if such are found in
our land at the beginning of the war, they shall be detained, without
injury to their bodies or goods, until information be received by us,
or by our chief justiciar, how the merchants of our land found in the
land at war with us are treated; and if our men are safe there, the
others shall be safe in our land.
42. It shall be lawful in future for any one (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 is above provided) to leave our kingdom and to return, safe
and secure by land and water, except for a short period in time of war,
on grounds of public policy--reserving always the allegiance due to us.
43. If any one holding of some escheat (such as the honor of
Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats
which are in our hands and are baronies) shall die, his heir shall give
no other relief, and perform no other service to us than he would have
done to the baron, if that barony had been in the baron's hand; and we
shall hold it in the same manner in which the baron held it.
44. Men who dwell without the forest need not henceforth come before
our justiciars of the forest upon a general summons, except those who
are impleaded, or who have become sureties for any person or persons
attached for forest offenses.
45. We will appoint as justices, constables, sheriffs, or bailiffs
only such as know the law of the realm and mean to observe it well.
46. All barons who have founded abbeys, concerning which they hold
charters from the kings of England, or of which they have
long-continued possession, shall have the wardship of them, when
vacant, as they ought to have.
47. All forests that have been made such in our time shall forthwith
be disafforested; and a similar course shall be followed with regard
to river-banks that have been placed "in defense" by us in our time.
48. All evil customs connected with forests and warrens, foresters
and warreners, sheriffs and their officers, river-banks and their
wardens, shall immediately be inquired into in each county by twelve
sworn knights of the same county chosen by the honest men of the same
county, and shall, within forty days of the said inquest, be utterly
abolished, so as never to be restored, provided always that we
previously have intimation thereof, or our justiciar, if we should not
be in England.
49. We will immediately restore all hostages and charters delivered to
us by Englishmen, as sureties of the peace or of faithful service.
50. We will entirely remove from their bailiwicks, the relations of
Gerard 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, Geofrrey of Martigny with his brothers,
Philip Mark with his brothers and his nephew Geoffrey, and the whole
brood of the same.
51. As soon as peace is restored, we will banish from the kingdom
all foreign-born knights, cross-bowmen, serjeants, and mercenary
soldiers, who have come with horses and arms to the kingdom's hurt.
52. If any one 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 any one has,
without the lawful judgment of his peers, be endisseised or removed, by
our father, King Henry, or by our brother, King Richard, and which we
retain in our hand (or which are 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 were turn from our expedition (or if perchance we desist from
the expedition) we will immediately grant full justice therein.
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