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A58387 Reflections upon the opinions of some modern divines conerning the nature of government in general, and that of England in particular with an appendix relating to this matter, containing I. the seventy fifth canon of the Council of Toledo II. the original articles in Latin, out of which the Magna charta of King John was framed III. the true Magna charta of King John in French ... / all three Englished. Allix, Pierre, 1641-1717.; Catholic Church. Council of Toledo (4th : 633). Canones. Number 75. English & Latin. 1689 (1689) Wing R733; ESTC R8280 117,111 184

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paying Relief or making fine The Guardian of an Heirs Land shall take the reasonable Issues Customs and Services without destruction or waste of his Men or Goods And if such Guardian make destruction and waste he shall lose the Wardship and the Guardian shall keep in repair the Houses Parks Ponds Pools Mills and other Appurtenances to the Estate out of the Profits of the Land. And shall take care that the Heirs be married without disparagement and by the Advice of their near Kindred That a Widow shall give nothing for her Dower or Marriage after the death of her Husband but shall be suffered to dwell in her Husband's House Ninety days after his death within which time her Dower shall be assigned her and she shall immediately have her Marriage and her Inheritance The King nor his Bayliff shall not seize any Land for debt if the Debtors Goods be sufficient nor shall the Debtors Sureties be distrain'd upon when the Debtor himself is able to pay the Debt But if the Debtor fail of payment the Sureties if they will may have the Debtors Lands till the Debt be fully satisfied unless the Principal Debtor can shew that he is quit against his Sureties The King shall not allow any Baron to take Aide of his free Tenants but for the Redemption of his Person for the making his Eldest Son a Knight and towards the Marriage of his Eldest Daughter once and hereunto he shall have but a Reasonable Aid That none shall do more Service for a Knights Fee than is due for the same That Common Pleas shall not follow the King's Court but shall be holden in some certain Place And that Recognitions be taken in their proper Counties and after this manner viz. That the King shall send two Justices four times a year who together with four Knights of the same Shire chosen by the Shire shall take Assizes of Novel disseisin Mordancester and Darrein presentment nor shall any be summoned hereunto but the Jurors and the two Parties That a Freeman shall be amerced for a small fault after the manner of the fault and for a great fault according to the Greatness of the fault saving his Contenement A Villain also shall be amerced saving his Wainage and in like manner a Merchant saving his Merchandise by the Oath of good Men of the Vicinage That a Clerk shall be amerced according to his Lay-see in manner aforesaid and not according to his Ecclesiastical Benefice That no Town be amerced for not making Bridges nor Banks but where they have been of old time and of Right ought to be That the measure of Wine of Corn and the breadth of Cloth and the like be rectified and so of Weights That Assizes of Novel Disseizin and Mordancester be abbreviated and so of other Assizes That no Sheriff shall entermeddle with Pleas of the Crown without the Coroners and that Counties and Hundreds shall be at the ancient Farms without any Encrease except the King 's own Demesn Mannors If any Tenant of the King die the Sheriff or other the Kings Bayliff may seize and enroll his Goods and Chattels by the view of lawful Men but yet so as that nothing thereof be taken away till it be fully known whether he owe any clear debt to the King and then the Kings Debt shall be paid and the Residue shall remain to the Executors to perform the Testament of the Dead And if nothing be owing to the King all the Goods shall go to the use of the dead If any Free-man dye Intestate his Goods shall be distributed by his nearest Kindred and Friends and by the view of the Church Widows shall not be distrain'd to marry if they are minded to live unmarried provided they find Sureties that they will not marry without the King's Assent if they hold of the King or without the Consent of their Lords of whom they hold No Constable or other Bayliff shall take any Man's Corn or other Chattels but he shall forthwith pay for the same unless he may have respit by consent of the Seller That no Constable shall distrain any Knight to give Money for the keeping of his Castle if he himself will do it in his own proper Person or by another sufficient man if he may not do it himself for a reasonable Cause And if the King lead him in his Army he shall be discharged of Castleward for the time No Sheriff or Bayliff of the King nor any other person shall take the Horses or Carts of any Free-man to make carriage without his leave The King nor his Bayliffs shall not take any Man's Wood for Castles or other Occasions but by License of him whose the Wood is That the King do not hold the Lands of them that be convicted of Felony longer then a year and a day after which they shall be delivered to the Lord of the Fee. That all Wears from henceforth be utterly put down in Thames and Medway and throughout all England That the Writ called Precipe be not from henceforth granted to any person of any Freehold whereby a Freeman may lose his Court. If any be disseiz'd or delay'd by the King without Judgment of Lands Liberties or other his Right he shall forthwith have restitution and if any Dispute arise upon it it shall be determin'd by the Judgment of the Five and twenty Barons And such as have been disseiz'd by the King's Father or his Brother shall have Right immediately by the Judgment of their Peers in the King's Court. And if the King must have the Term of others that had taken upon them the Cross for the Holy Land the Archbishop and Bishops shall give Judgment therein at a certain day to be prefixt without Appeal That nothing be given for a Writ of Inquisition of Life or Member but that it be freely granted without price and be not denyed If any hold of the King by Fee-farm by Socage or Burgage and of any other by Knight's Service the King shall not have the Custody of the Heir nor of his Lands that are holden of the Fee of another by reason of such Burgage Socage or Fee-farm Nor ought the King to have the Custody of such Burgage Socage or Fee-farm and no Freeman shall lose his Degree of Knighthood by reason of petty Serjeanties as when a Man holds Lands rendring therefore a Knife an Arrow or the like No Bayliff shall put any man to his Law upon his own bare saying without faithful Witnesses That the Body of a Free-man be not taken nor imprisoned nor that he be disseiz'd nor Out-law'd nor Exil'd nor any way destroyed Nor that the King pass upon him or imprison him by force but only by the Judgment of his Peers or by the Law of the Land. That Right be not sold nor delay'd nor denyed That Merchants have liberty to go and come safely to buy and sell without any manner of Evil Tolls by the Old and Lawful Customs That no Escuage or Aid be
laid upon the Kingdom but by the Common-Council of the Kingdom unless it be to redeem the King's Person or to make his eldest Son a Knight or to marry his eldest Daughter once and for these a reasonable Aid shall be given That it be in like manner with respect to Tallages and Aids from the City of London and other Cities that have Priviledges therein And that the City of London may fully enjoy her ancient Liberties and free Customs as well by Water as by Land. That it shall be lawful for any Man to go out of the Kingdom and to return saving his Allegiance to the King unless it be in time of War for a short time for the common profit of the Realm If any borrow Money of a Jew be it more or less and die before the Debt be paid no Interest shall be paid for the same so long as the Heir is under age of whomsoever he hold And if the Debt become due to the King the King shall take no more than what is contain'd in the Charter If any Man die and owe Money to the Jews his Wife shall have her Dower and if he left Children Necessaries shall be provided them according to the quantity of the Freehold and the residue shall go to pay off the Debt saving the Services due to the Lords The like shall be observed in case of other Debts and when the Heir comes of age his Guardian shall restore him his Land as well stockt as he could reasonably afford out of the Profits of the Land coming in by the Plough and the Cart. If any Man hold of any Escheat as of the Honour of Wallingford and Nottingham Bonon and Lancaster or of other Escheats which are in the King's Hand and are Baronies and die his Heir shall pay no other Relief nor perform any other Service then he should have paid and perform'd to the Baron and that the King shall hold such Escheats as the Barons held them That Fines made for Dowers Marriages Inheritances and Amercements wrongfully and contrary to the Law of the Land be freely remitted or ordered by the Judgment of the Five and twenty Barons or of the major part of them together with the Archbishop and such as he shall call to him Provided that if one or more of the Five and twenty have themselves any like complaint that then he or they shall be removed and others put in their rooms by the residue of the Five and twenty That the Hostages and Deeds be restored which were deliver'd to the King for his Security That they that live out of the Forest be not obliged to come before the Justices of the Forest by common Summons unless they be Parties or Pledges And that the Evil Customs of the Forests and Foresters Warrens and Sheriffs and Ponds be redress'd by twelve Knights of each County who shall be chosen by the Good Men of the County That the King remove wholly from their Bayliff-wick the Kindred and whole Dependance of Gerard de Aties that hereafter they have no Bayliffwick to wit Engeland Andr ' Peter ' Gigo de Cances Gigo de Cygon Matthew de Martino and his Brethren and Gelfrid his Nephew and Phillip de Mark. And that the King put away the Foreign Soldiers Stipendaries Slingers and Troopers and their Servants who came with Horses and Arms to the Nusance of the Realm That the King make Justitiars Constables Sheriffs and Bayliffs of Men that know the Law of the Land and will cause it to be well observed That Barons who have founded Abbies for which they have Charters of Kings or ancient Tenure shall have the Custody of them when they are vacant If the King have disseiz'd the Welsh men or esloyn'd them from Lands or Liberties or of other things in England or in Wales let them presently be restored to them without Plea and if they have been disseiz'd or esloin'd from their English Tenements by the King's Father or his Brother without Judgment of their Peers the King shall without delay do them Justice as he does Justice to Englishmen of their English Tenements according to the Law of England and of Welsh Tenements according to the Law of Wales and of Tenements in the Marches according to the Law of the Marches In like manner the Welshman shall do to the King and his Subjects That the King restore Lewelin's Son and all the Welsh Hostages and the Deeds that were delivered to him for security of the Peace That the King do Right to the King of Scotland concerning restoring of Hostages and his Liberties and Right according to the Form of the Agreement with his Barons of England unless it ought to be otherwise by vertue of some Deeds which the King has by the Judgment of the Archbishop and others whom he shall think fit to call to him That all Forests that have been afforested by the King in his own time be disafforested and so of Banks which by the King himself have been put in defence All these Customs and Liberties which the King has granted to the Kingdom to hold and keep for his own part towards his Men all Clerks and Lay-men of the Kingdom shall observe and keep for their parts towards their Men. This is the Form of the security for keeping Peace and the Liberties betwixt the King and the Kingdom The Barons shall chuse Five and twenty Barons of the Realm whom they will themselves upon whom it shall be encumbent that with all their might they observe and keep and cause to be observ'd and kept the Peace and Liberties which the King has granted to them and confirm'd by his Charter to wit That if the King or his Justices or Bayliffs or any of his Ministers offend any Person contrary to any of the said Articles or transgress any Article of this Peace and Security And that such offence be made known to four of the said Five and Twenty Barons those four Barons shall go to the King or to his Justitiar if the King be out of the Realm declaring to him that such an abuse is committed and shall desire him to cause it speedily to be redressed And if the King or if he be out of the Realm his Justitiar do not redress it those four Barons shall within a reasonable time to be limited in the Charter refer the matter to the residue of the Five and twenty Barons And those Five and twenty with the Commonalty of all the Land shall distress the King all the ways they can to wit by seizing his Castles his Lands and Possessions and by what other means they can till it be redrest according to their good likeing saving the Person of our Lord the King and of the Queen and of their Children And when it is redrest they shall be subject to the King as before And whoever will may swear to put these things in Execution viz. To obey the Commands of the said Five and twenty Barons and to distress the King
to the utmost of his Power with them And the King shall give publick and free Liberty for any man to swear that will and shall never pohibit any to swear And all those of the Nation who will voluntarily of their own accord swear to the Five and twenty Barons to distress the King with them the King himself shall issue his Praecept Commanding them to swear as aforesaid Item If any of the said Five and Twenty Barons dye or go out of the Realm or be any other way hindred from performing these things the residue of the Five and twenty shall chuse another whom they think best in his place who shall be sworn as the rest are And in all matters referred to those Five and twenty Barons if they happen to be all present and differ amongst themselves or if any of them being thereto appointed will not or cannot come what the major part of them shall agree upon and enjoyn shall be valid as if all the Five and twenty had agreed in it And the said Five and twenty shall swear that they will faithfully observe and keep the Articles aforesaid and with all theit might cause them to be observed Moreover the King shall give them the Securities of the Archbishop and Bishops and Master Pandulphus that he will not obtain any thing from the Pope whereby any of these Articles of Agreement may be revoked or diminished And if any such thing be obtain'd that it be reputed void and of none effect nor shall ever be made use of THE GREAT CHARTER OF KING JOHN A True Copy from the Original French. JOHN by the Grace of God King of England to the Archbishops Bishops Abbots Earls Barons Justices Foresters Sheriffs Prevosts Ministers and all his Bayliffs and his Lieges Greeting Know ye that We by the Grace of God and for the saving of our Soul and the Souls of all our Ancestors and of our Heirs and for the Honour of God and the safety of Holy Church and for the amendment of our Government By the Advice of Our Honoured Fathers Stephen Archbishop of Canterbury Primate of All England and Cardinal of Rome Henry Archbishop of Dublin William Bishop of London Peter Bishop of Winchester Jocelin Bishop of Bath Hugh Bishop of Lincoln Walter Bishop of Worcester William Bishop of Chester Benedict Bishop of Rochester and Master Pandulph Sub-deacon of our Lord the Apostle and of our Friend and Brother Anner Master of the Order of Knights Templers in England And by the Advice of our Barons William Earl Marshal Earl of Pembroke William Earl of Salisbury William Earl of Warren William Earl of Arundel Alan of Galloway Constable of Scotland Warin Fitz-Gerard Peter Fitz-Herbert Hubert de Burgh Steward of Poictou Hugh Nevill Matthew Fitz-Herbert Thomas Basset Alan Basset Phillip d' Aubenie Robert de Ropelee John Marshall and John Fitz-Hugh and by the Advice of other our Lieges Have in the first place granted to God and confirmed by this our present Charter for us and for our Heirs for ever That the Churches of England shall be free and shall enjoy their Rights and Franchises entirely and fully And this our Purpose is that it be observed as may appear by our having granted of our meer and free Will that Elections should be free which is reputed to be a very great and very necessary Priviledge● of the Churches of England before the difference arose betwixt Us and our Barons and by our having confirm'd the same by our Charter and by our having procur'd it moreover to be confirmed by our Lord the Apostle Innocent the third Which Priviledge We will maintain And our Will is that the same be faithfully maintain'd by our Heirs for ever We have also granted to all the Free-men of our Kingdom for us and our Heirs for ever all the Liberties hereafter mentioned to have and to hold to them and their Heirs of Us and our Heirs If any of our Earls our Barons or others that hold of us in Chief by Knight-Service die and at the time of his death his Heir be of full age and Relief be due he shall have his Inheritance by the ancient Relief to wit the Heir or Heirs of an Earl for an entire Earldom C pounds the Heir or Heirs of a Baron for an entire Barony C Marks the Heir or Heirs of a Knight for a whole Knights Fee C Shillings at most and where less is due less shall be paid according to the ancient Customs of the several Tenures If the Heirs of any such be within Age and in Ward they shall have their Inheritance when they come of Age without Relief and without Fine The Guardians of the Land of such Heirs being within age shall take nothing out of the Land of the Heirs but only the reasonable Profits reasonable Customs and reasonable Services and that without making destruction or wast of Men or Goods And if we shall have committed the Custody of the Land of any such Heir to a Sheriff or any other who is to account to us for the Profits of the Land and that such Committee make destruction or wast We will take of him amends and the Land shall be committed to two lawful and good Men of that Fee who shall account for the Profits to us or to such as we shall appoint And if we shall give or sell to any Person the custody of the Lands of any such Heir and such Donee or Vendee make destruction or wast he shall lose the Custody and it shall be committed to two Lawful Sage and Good Men who shall account to Us for the same as aforesaid And the Guardian whilst he has the Custody of the Heirs Land shall maintain the Houses Ponds Parks Pools Mills and other Appurtenances to the Land out of the Profits of the Land it self and shall restore to the Heir when he shall be of full age his Land well stockt with Ploughs Barns and the like as it was when he receiv'd it and as the Profits will reasonably afford Heirs shall be married without disparagement insomuch that before the Marriage be contracted the Persons that are next of Kin to the Heir shall be made acquainted with it A Widow after the death of her Husband shall presently and without oppression have her Marriage and her Inheritance nor shall give any thing for her Marriage nor for her Dower nor for her Inheritance which she and her Husband were seiz'd of the day of her Husband's death and she shall remain in her Husband's House Forty Days after his death within which time her Dower shall be assign'd her No Widow shall be compelled to marry if she be desirous to live single provided she give Security not to marry without our leave if she hold of us or without the Lord's leave of whom she holds if she hold of any other We nor our Bayliffs will not seize the Lands or Rents of a Debtor for any Debt so long as his Goods are sufficient to pay the
Debt Nor shall the Pledges be distrain'd upon whilst the Principal Debtor is able to pay the Debt But if the Principal Debtor have not wherewith to pay the Debt the Pledges shall answer for it And if they will they shall have the Lands and Rents of the Debtor till they have received the Debt which they payed for him if the Principal Debtor cannot show that he is quit against his Pledges If any Persons have borrowed Money of Jews more or less and die before they have paid the Debt the Debt shall not grow whilst the Heir is under age and if such Debt become due to us we will take no more than the Goods exprest in the Deed. And if any die and owe a Debt to the Jews his Wife shall have her Dower and shall be charged with no part of the Debt and if the Children of the deceased Person be within age their reasonable Estovers shall be provided them according to the value of the Estate which their Ancestor had and the Debt shall be paid out of the Residue saving the Services due to the Lord In like manner shall it be done in Cases of Debts owing to other persons that are not Jews We will impose no Escuage nor Aids within our Realm but by the Common Council of our Realm except for our Ransom and for the making our eldest Son a Knight and for marrying out eldest Daughter once And for these purposes there shall but a reasonable Aid be required In like manner shall it be done within the City of London and moreover the City of London shall have all her ancient Customs and Liberties by Land and Water We Will moreover and Grant that all other Cities and Boroughs and Towns and Ports have in all respects their Liberties and free Customs And as for coming to the Common Council of the Kingdom and for assessing Aids except in the three cases aforesaid And as for the assessing of Escuage we will cause to be summoned the Archbishops Bishops Abbots Earls and the Greater Barons each in particular by our Letters and moreover we will cause to be summon'd in general by our Sheriffs and Bayliffs all that hold of us in Chief at a certain day to wit Forty days after at least and at a certain place and in our said Letters we will express the cause of the Summons And when Summons shall be so made business shall go on at the day assign'd by the Advice of such as are present though all that are summoned do not appear We will not allow for the future that any take Aid of his free men but only to ransom his Person to make his eldest Son a Knight and to marry his eldest Daughter once and for these purposes there shall but a reasonable Aid be given None shall be distrained to do greater Service for a Knight's Fee or for any other Frank-Tenement then what is due by his Tenure Common Pleas shall not follow our Court but shall ●e held in a certain place Recognizances of Novel Disseisin Mordancester and Darrein presentment shall be taken no where but in their proper Counties and in this manner We or our Chief Justice if our Selves shall be out of the Realm will send two Justices through every County four times a year who with four Knights of every County to be chosen by the County shall take the said Assizes in the Country at a day when the County Court is held and in a certain place and if the said Assizes cannot be taken upon that day so many Knights and free Tenants of them that were present in the County Court that day shall stay as may give a good Judgment according as the concern may be greater or less A Free man shall not be amerced for a little offence but according to the manner of his offence and for a great offence he shall be amerced according to the greatness of his offence saving his Contenement And so a Merchant saving his Merchandise And a Villain in like manner shall be amerced saving his Wainage if he fall into our Mercy and none of the said Amercements shall be affeered but by Oaths of good and lawful Men of the Visinage An Earl and a Baron shall not be amerced but by their Peers and according to the manner of their Offence No Clerk shall be amerced but according to his Lay-fee and in like manner as others aforesaid and not according to the quantity of his Church Living No Ville nor any man shall be distrain'd to make Bridges over Rivers but where they anciently have and of Right ought to make them No Sheriffs Constables Coroners nor other our Bayliffs shall hold the Pleas of our Crown All Counties Hundreds Wapentakes and Tythings shall be at the ancient Farms without being rais'd except our own demesne Mannors If any that holds of us a Lay-fee dye and our Sheriffs or other our Bayliffs show our Letters Patents of Summons for a Debt which the deceased owed to us our Sheriff or Bayliff may well Attach and Inventory the Goods of the Dead which shall be found upon his Lay-fee to the value of the Debt which the deceased owed to us by the view of Lawful Men yet so as nothing be removed till such time as the Debt which shall be found to be due to us be paid and the residue shall go to the Executors to perform the Testament of the dead and if nothing be owing to us all his Goods shall go to the use of the Dead saving to his Wife and Children their reasonable Parts If any Free-man dye intestate his Goods shall be divided by the hands of his near Kindred and Friends by the view of Holy Church saving to every one their Debts which the Dead owed them None of our Constables nor other our Bayliffs shall take the Corn nor other the Goods of any Person without paying for the same presently unless he have time given him by consent of the Vendor Our Constables shall distrain no man who holds by Knight Service to give Money for Castle-garde if he has perform'd it himself in proper Person or by another good Man if he could not perform it himself for some reasonable Cause And if we lead him or send him into the Army he shall be discharg'd of Castle-garde for so long time as he shall be with us in the Army Our Sheriffs our Bayliffs nor other shall not take the Horses nor Carts of any Free-man to make carriage but by leave of such Free-man Neither our selves nor our Bayliffs shall take another Man's Wood for our Castles or other occasions but by his leave whose Wood it is We will hold the Lands of such as shall be convict of Felony but a year and a day and then we will restore them to the Lords of the Fees. All Weares shall from this time forward be wholly taken away in Thames and Medeway and throughout all England except upon the Sea-Coast The Writ called Precipe henceforth shall be made
to none out of any Tenement whereby a Free-man may lose his Court. One Measure of Wine shall be used throughout our Kingdom and one Measure of Ale and one Measure of Corn to wit the London Quart. And there shall be one breadth of dyed Cloth Russets and Haubergets to wit two Ells within the Lists And concerning Weights it shall be in like manner as of Measures Nothing shall be given or taken henceforth for a Writ of Enquisition of Life or Member but it shall be granted freely and shall not be denyed If any hold of us by Fee-farm or by Socage and hold likewise Land of others by Knight-Service we will not have the Custody of the Heir nor of the Land which is of the Fee of another by reason of such Fee-farm Socage or Burgage unless such Fee-farm owe Knight-Service We will not have the Wardship of the Heir nor of the Land of any Person which he holds of another by Knight-Service by reason of any Petit Serjeanty by which he holds of us as by the Service of giving us Arrows Knives or such like No Bayliff for the time to come shall put any Man to his Law upon his bare word without good Witnesses produced No free man shall be taken nor imprisoned nor disseised nor outlawed nor exil'd nor destroy'd in any manner nor we will not pass upon him nor condemn him but by the Lawful Judgment of his Peers or by the Law of the Land. We will sell to none we will deny nor delay to none Right and Justice All Merchants may with safety and security go out of England and come into England and stay and pass through England by Land and Water to buy and sell without any Evil Tolls paying the Ancient and Rightful Duties except in time of War and then they that are of the Country with whom we are at War and are found here at the begining of the War shall be attach't but without injury to their Bodies or Goods till it be known to us or to our Chief-Justice how our Merchants are entreated which are found in our Enemies Country and if ours be safe there they shall be safe in our Land. It shall be Lawful for all men in time to come to go out of our Kingdom and to return safely and securely by Land and by Water saving their Faith due to us except it be in time of War for some short time for the profit of the Realm But out of this Article are excepted Persons in Prison Persons out-law'd according to the Law of the Land and Persons of the Country with whom we are at War concerning Merchants what is abovesaid shall hold as to them If any hold of any Escheat as of the Honour of Wallingford Nottingham Boloin Lancaster or of other Escheats which are in our hand and are Baronies and dye his Heirs shall owe us no other relief nor do us any other Service then was due to the Baron of such Barony when it was in his hand and we will hold the same in like manner as the Baron held it Men that dwell out of the Forest shall not appear before our Justices of the Forest by common Summons unless they be in suit themselves or Bail for others who are attach't for the Forest We will not make Sheriffs Justices nor Bayliffs but of such as know the Law of the Land and will keep it All that have founded Abbies whereof they have Charters from Kings of England or ancient Tenure shall have the custody thereof whilst they are vacant as they ought to have All the Forests that have been Afforested in our time shall instantly be Disafforested in like manner be it of Rivers that in our time and by us have been put in defence All evil Customs of Forests and Warens and of Foresters and Warenners of Sheriffs and their Ministers of Rivers and of Guarding them shall forthwith be enquired of in every County by twelve Knights sworn of the same County who must be chosen by good Men of the same County And within forty days after they have made such Inquisition the said evil Customs shall be utterly abolished by those same Knights so as never to be revived provided they be first made known to us or to our Chief Justice if we be out of the Realm We will forthwith restore all the Hostages and all the Deeds which have been delivered to us by the English for surety of the Peace or of faithful Service We will wholly put out of Bayliffwicks the Kindred of Gerard de Aties so that from henceforth they shall not have a Bayliffwick in England and Engeland de Cygoigni Peron Guyon Andrew de Chanceas Gyon de Cygoigni Geffry de Martigni and his Brothers Philip Mark and his Brothers Geffray his Nephew and all their Train And presently after the Peace shall be reform'd we will put out of the Realm all Knights Foreigners Slingers Serjeants and Soldiers who came with Horse or Arms to the nusance of the Realm If any be disseiz'd or esloyn'd by us without Lawful Judgement of his Peers of Lands Chattels Franchises or of any Right we will forthwith restore the same and if any difference arise upon it it shall be determined by the Judgement of the Five and twenty Barons of whom mention is made hereafter in the security for the Peace As to all things whereof any have been disseiz'd or esloyn'd without Lawful Judgement of their Peers by King Henry our Father or by King Richard our Brother which we have in our hands or which any other has to whom we are bound to warrant the same we will have respit to the common Term of them that are crost for the Holy Land except such things for which Suits were commenced or Enquest taken by our Order before we took upon us the Cross And if we return from the Pilgrimage or perhaps forbear going we will do full Right therein The same Respit we will have and the same Right we will do in manner aforesaid as to the Disafforesting of Forests or letting them remain Forests which the Kings Henry our Father or Richard our Brother have Afforested and and as to Custodies of Lands which are of the Fee of other Persons which we have held till now by reason of other Men's Fees who held of us by Knight-Service and of Abbies that are founded in other Men's Fees in which the Lords of the Fees claim a Right And when we shall be returned from our Pilgrimage or if we forbear going we will immediately do full Right to all that shall complain None shall be taken nor imprisoned upon the Appeal of a Woman for the death of any other than her Husband All the Fines and all the Amercements that are imposed for our use wrongfully and contrary to the Law of the Land shall be Pardoned or else they shall be determined by the Judgment of the Five and twenty Barons of whom hereafter or by the Judgement of the greater number of them that