England but only by the Sea-Coâ—ts CHAP. XXIV In what Case a Praecipe in Capite is not grantable THe Writ that is called Praecipe in Capite shall be from henceforth granted to no Person of any Free-hold whereby any Free-man may lose his Court. CHAP. XXV There shall be but one Measure throughout the Realm ONe Measure of Wine shall be through our Realm and one Measure of Ale and Measure of Corn that is to say the Quarter of London 2. And one breadth of died Cloath Russets and Haberjects that is to say two yards within the Lists 3. And it shall be of Weights as it is of Measures CHAP. XXVI Inquisition of Life and Member NOthing from henceforth shall be given for a Writ of Inquisition nor taken of him that prayeth Inquisition of Life or of Member but it shall be granted freely and not denyed CHAP. XXVII Tenure of the King in Socage and of another by Knights Service Petit Serjeantry IF any do hold of Us by Fee-farm or by Socage or Burgage he holdeth Lands of another by Knights Service we will not have the Custody of his Heir nor of his Land which is holden of the Fee of another by reason of that Fee-farm Socage or Burgage 2. Neither will we have the Custody of such Fee-farm or Socage or Burgage except Knights Service be due unto Us out of the same Fee-farm 4. We will not have the Custody of the Heir or of any Land by occasion of any Petit Serjeantry that any man holdeth of Us by Service to pay a Knife an Arrow or the like CHAP. XXVIII Wager of Law shall not be without Witness NO Bayliff from henceforth shall put any man to his open Law nor to an Oath upon his own bare saying without faithful Witnesses brought in for the same CHAP. XXIX None shall be Condemned without Tryal Justice shall not be sold or deferred NO Freeman shall be taken or Imprisoned or be disseised of his Free-hold or Liberties or free Customs or be Outlawed or Exiled or any otherwise destroyed nor we will not pass upon him nor condemn him but by lawful Judgment of his Peers or by the Law of the Land 2. We will sell to no man we will not deny or defer to any man either Justice or Right CHAP. XXX Merchants Strangers coming into this Realm shall be well used ALL Merchants if they were not openly prohibited before shall have their safe and sure Conduct to depart out of England to come into England to tarry in and go through England as well by Land as by Sea to buy and sell without any manner of Evil Tools by the old and rightful Customs except in time of War 2 And if they be of a Land making War against Us and be found in our Realm at the beginning of the Wars they shall be Attached without harm of Body and Goods until it be known unto us or our Chief Justice how our Merchants be intreated there in the Land making War against Us. 3. And if our Merchants be well intreated there theirs shall be likewise with Us. CHAP. XXXI Tenure of a Barony coming into the Kings Hand by Eschete IF any man hold of any Eschete as of the Honour of Wallingford Nottingham Boloin or of any other Eschetes which be in our hand and are Baronies and dye his Heir shall give none other Relief nor do none other Service to Us than he should to the Baron if it were in the Barons hand 2. And we in the same wise should hold it as the Baron held it neither shall we have by occasion of any Baron or Eschete any Eschete or Keeping of any of our men unless he that held the Barrony or Escehte otherwise held of us in Chief CHAP. XXXII Lands shall not be aliened to the prejudice of the Lords Service NO Freeman from henceforth shall give or sell any more of his Land but so that of the Residue of the Lands the Lord of the Fee may have the Services due to him which belongeth to the Fee CHAP. XXXIII Patrons of Abbies shall have the Custody of them in the time of Vacation ALL Patrons of Abbies which have the Kings Charter of England of Advowson or have old tenure or possession in the same shall have the Custody of them when they fall void as it hath been accustomed and as it is afore declared CHAP. XXXIV In what only Case a Woman shall have an Appeal of Death NO man shall be taken or Imprisoned upon the Appeal of a Woman for the Death of any other than of her Husband CHAP. XXXV At what time shall be kept a Countrey Court Sheriffs turn and a Leet NO Countrey from henceforth shall be holden but from month to month and where greater time hath been used there shall be greater 2. Nor any Sheriff or his Bayliff shall keep his Turn in the Hundred but twice in the Year and no where but in due place and accustomed that is to say once after Easter and again after the Feast of Saint Michael 3. And the view of Frank-pledge shall be likewise at the Feast of Saint Michael without occasion So that every man have his Liberties which he had or used to have in the time of King Henry our Grandfather or which he hath purchased since 4. The view of Frank-pledge shall be so done that our peace may be kept 5. And that the Tything be wholly kept as it hath been acustomed 6. And that the Sheriff seek no occasions and that he be content with so much as the Sheriff was wont to have for his view-making in the time of King Henry our Grandfather CHAP. XXXVI No Land shall be given in Mortmain IT shall not be lawful from henceforth to any one to give his Lands to any Religious House and to take the same Land again to hold of the same House Nor shall it be lawful to any House of Religion to take the Lands of any and to Lease the same to him of whom he received it If any from henceforth give his Lands to any Religious House and thereupon be Convict the Gift shall be utterly void and the Land shall Accrue to the Lord of the Fee CHAP. XXXVII A Subsidy in respect of this Charter and the Charter of the Forrest granted to the King ESeuage from henceforth shall be taken like as it was wont to be in the time of King Henry our Grandfather reserving to all Archbishops Bishops Abbots Priors Templers Hospitallers Earls Barons and all persons as well Spiritual as Temporal all their free Liberties and free Customs which they have had in time passed 2. And all these Customs and Liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth to us and our Heirs we shall observe 3. And all men of this our Realm as well Spiritual as Temporal as much as in them is shall observe the same against all persons in likewise 4. And for this our Gift and Grant of these
no new Laws bind the People of England but such as are by common consent agreed on in that great Council By the second He has a share in the Executive part of the Law no Causes being Tryed nor any man Adjudged to lose Life Member or Estate but upon the Verdict of his Peers or Equals his Neighbours and of his own Condition these two Grand Pillars of English Liberty are the Fundamental Vital Priviledges whereby we have been and are preserv'd more free and happy than any other People in the World and we trust shall ever continue so For whoever shall design to Impair Pervert or Undermine either of these do strike at the very Conisttution of our Government and ought to be Prosecuted and Punished with the utmost Zeal and Rigour To cut down the Banks and let in the Sea or to Poyson all the Springs and Rivers in the Kingdom could not be a greater Mischief for this would only affect the present Age but the other will Ruine and Enslave all our Posterity But besides these General Paramount Priviledges which the English are Estated in by the Original Constitution of their Government there are others more particularly declared and expressed in diverse Acts of Parliament of which several of the most remarkable and usefull are here presented at large to the Reader with some Notes thereupon for his better understanding of the same MAGNA CHARTA or the Great Charter made in the ninth Year of King Henry the Third and confirmed by King Edward the First in the eight and twentieth Year of his Reign EDward By the Grace of God King of England Lord of Ireland and Duke of Guyan To all Arch-Bishops Bishops c. We have seen the great Charter of the Lord Henry sometimes King of England our Father of the Liberties of England in these Words HEnry By the Grace of God King of England Lord of Ireland Duke of Normandy and Guyan and Earl of Anjou To all Arch-Bishops Bishops Abbots Priors Earls Barons Sheriffs Provosts Officers and to all Baysliffs and other our Faithful Subjects which shall see this present Charter Greeting Know you that We unto the Honour of Almighty God and for the Salvation of the Souls of our Progenitors and Successors Kings of England to the Advancement of Holy Church and Amendment of our Realm of our meer and free Will have Given and Granted to all Arch-Bishops Bishops Abbots Priors Earls Barons and to all Free-men of this our Realm these Liberties following to be kept in our Kingdom of England for ever CHAP. I. A Confirmation of Liberties FIrst We have granted to God and by this our present Charter have confirm'd for Us our Heirs for ever That the Church of England shall be free and shall have all her whole Rights and Liberties Inviolable 2 We have granted also and given to all the Free-men of our Realm for Us and our Heirs for ever these Liberties under-written to have and to hold to them and their Heirs for ever CHAP. II. The Relief of the Kings Tenant of full Age. IF any of our Earls or Barons or any other which Hold of Us in Chief by Knights Service dye and at the time of his Death his Heir be of full Age and oweth to us Relief he shall have his Inheritance by the old Relief that is to say the Heir or Heirs of an Earl for a whole Earldom by one hundred pound the Heir or Heirs of a Baron for an whole Barony by one hundred marks the Heir or Heirs of a Knight for one whole Knights Fee one hundred shillings at the most And he that hath less shall give less according to the old Custom of the Fees CHAP. III. The Wardship of an Heir within Age The Heir a Knight BUt if the Heir of any such be within Age his Lord shall not have the Ward of him nor of his Land before that he hath taken of him Homage 2. And after that such an Heir hath been in Ward when he is come to full Age that is to say to the Age of one and twenty Years he shall have his Inheritance without Relief and without time so that if such an Heir being within Age be made Knight yet nevertheless his Land shall remain in the keeping of his Lord unto the Term aforesaid CHAP. IV. No wast shall be made by a Guardian in Wards Lands THE Keeper of the Land of such an Heir being within Age shall not take of the Lands of the Heir but reasonable Issues reasonable Customs and Reasonable Services and that without destruction and waste of his Men and his Goods 2. And if we commit the Custody of any such Land to the Sheriff or to any other which is answerable unto us for the Issues of the same Land and he make destruction or waste of those things that he hath in Custody we will take of him amends and recompence therefore 3. And the Land shall be committed to two lawful and discreet men of that Fee which shall answer unto Us for the Issues of the same Land or unto him whom we will Assign 4. And if we give or sell to any man the Custody of any such Land and he therein do make destruction or waste he shall lose the same Custody And it shall be Assigned to two lawful and discreet men of that Fee which also in like manner shall be answerable to Us as afore is said CHAP. V. Guardians shall maintain the Inheritance of their Wards And of Bishopricks THe Keeper so long as he hath the Custody of the Land of such an Heir shall keep up the Houses Parks Warrens Ponds Mills and other things pertaining to the same Land with the Issues of the said Land And he shall deliver to the Heir when he cometh to his full Age all his Land stored with Ploughs and all other things at the least as he receiv'd it All these things shall be observed in the Custody of Arch-Bishopricks Bishopricks Abbeys Priories Churches and Dignities vacant which appertain to Us Except this that such Custody shall not be sold CHAP. VI. Heirs shall be Married without Disparagement HEirs shall be Married without Disparagement CHAP. VII A Widow shall have her Marriage Inheritance and Quarentine The Kings Widow A Widow after the Death of her Husband Incontinent and without any difficulty shall have her Marriage and her Inheritance 2. And shall give nothing for her Dower her Marriage or her Inheritance which her Husband and She held the day of the Death of her Husband 3. And She shall tarry in the chief House of her Husband by forty days after the Death of her Husband within which days her Dower shall be Assigned her if it were not Assigned her before or that the House be a Castle 4. And if she depart from the Castle then a competent House shall be forthwith provided for her in the which She may honestly dwell until her Dower be to her Assigned as it is aforesaid And She shall have in the
mean-time her reasonable Estovers of the Common 5. And for her Dower shall be Assigned unto her the third part of all the Lands of her Husband which were his during Coverture except She were endowed of less at the Church door 6. No Widow shall be distrained to Marry her self Nevertheless She shall find surety that She shall not Marry without our License and Assent if She hold of Us nor without the Assent of the Lord if She hold of another CHAP. VIII How Sureties shall be charged to the King WE or our Bailiffs shall not seize any Land or Rent for any Debt as long as the present Goods and Chattels of the Debtor do suffice to pay the Debt and the Debtor himself be ready to satisfie therefore 2. Neither shall the Pledges of the Debtor be distrained as long as the principal Debtor is sufficient for the payment of the Debt 3. And if the principal Debtor fail in the payment of the Debt having nothing wherewith to Pay or will not pay where he is able the pledges shall answer for the Debt 4. And if they will they shall have the Lands and Rents of the Debtor untill they be satisfied of that which they before payed for him except that the Debtor can shew himself to be acquitted against the said Sureties CHAP. IX The Liberties of London and other Cities and Towns Confirmed THe City of London shall have all the old Liberties and Customs which it hath been used to have Moreover we Will and Grant that all other Cities and Borroughs Towns and the Barons of the five Ports and all other Ports shall have all their Liberties and free Customs CHAP. X. None shall distrain for more Service than is due NO man shall be distrained to do more Service for a Knights Fee nor for any Freeholder than therefore is due CHAP. XI Common-Pleas shall not follow the Kings Court. COmmon-Pleas shall not follow our Court but shall be holden in some place certain CHAP. XII Where and before whom Assizes shall be taken Adjournment for Difficulty ASsizes of Novel Dissâ—isin and of Mortdancester shall not be taken but in the Shires and after this manner If we be out of this Realm our Chief Justicers shall send our Justicers through every County once in the Year Which with the Knights of the Shire shall take the said Assizes in those Counties 2. And those things that at the coming of our foresaid Justicers being sent to take those Assizes in the Counties cannot be determined shall be ended by them in some other place in their Circuit 3. And those things which for difficulty of some Articles cannot be determined by them shall be referred to our Justicers of the Bench and there shall be ended CHAP. XIII Assizes of Darrein Presentment ASsizes of Darrein Presentment shall be always taken before our Justicers of the Bench and there shall be determined CHAP. XIV How men of all sorts shall be amerced and by whom A Free-man shall not be amerced for a small fault but after the manner of the fault And for a great fault after the greatness thereof saving to him his contenement 2. And a Merchant likewise saving to him his Merchandize 3. And any others Villain than ours shall be likewise amerced saving his Wainage if he fall into our mercy 4. And none of the said amerciaments shall be Assessed but by the Oath of honest and lawful men of the Vicinage 5. Earls and Barons shall not be amerced but by their Peers and after the manner of their offence 6. No man of the Church shall be 〈…〉 after the quantity of his Spiritual Benefice but after his Lay-tenement and after the quantity of his offence CHAP. XV. Making of Bridges and Banks NO Town nor Freeman shall be distrained to make Bridges nor Banks but such as of old time and of right have been accustomed to make them in the time of King Henry our Grandfather CHAP. XVI Defending of Banks NO Banks shall be defended from henceforth but such as were in defence in the time of King Henry our Grandfather by the same places and the same bounds as they were wont to be in his time CHAP. XVII Holding Pleas of the Crown NO Sheriff Constable Escheator Coroner nor any other our Bayliffs shall hold Pleas of our Crown CHAP. XVIII The Kings Debtor dying the King shall be first paid IF any that holdeth of Us Lay-fee do dye and our Sheriff or Bayliff do shew our Letters Patents of our Summons for Debt which the Dead man did owe to us It shall be lawful to our Sheriff or Bayliff to Attach and Inroll all the Goods and Chattels of the Dead being found in the said Fee to the value of the same Debt by the sight and testimony of lawful men So that nothing thereof be taken away until we be clearly paid off the Debt 2. And the residue shall remain to the Executors to perform the Testament of the Dead 3. And if nothing be owing to Us all the Chattels shall goe to the use of the Dead saying to his Wise and Children the Reasonable parts CHAP. XIX Purveyance for a Castle NO Constable nor his Bayliff shall take Corn or other Chattels of any man if the man be not of the Town where the Castle is but he shall forthwith pay for the same unless that the Will of the Seller was to respite the payment 2. And if he be of the same Town the price shall be paid unto him within forty days CHAP. XX. Doing of Castle Ward NO Constable shall distrain any Knight for to give money for keeping of his Castle if he himself will do it in his proper person or cause it to be done by another sufficient man if he may not do it himself for a reasonable cause 2. And if we do lead or send him in an Arms he shall be free from Castle-ward for the time that he shall be with Us in Fee in our Host for the which he hath done Service in our Wars CHAP. XXI Taking of Horses Carts and Woods NO Sheriff nor Bayliff of ours nor any other shall take the Horses or Carts of any man to make Carriage except he pay the old price limited that is to say for Carriage with two Horse 10 d. a day for three Horse 14 d. a day 2. No demesne Cart of any spiritual Person or Knight or any Lord shall be taken by our Bayliffs 3. Nor we nor our Bailiffs nor any other shall take any mans Wood for our Castles or other our Necessaries to be done but by the License of him whose the Wood is CHAP. XXII How long Felons Lands shall be holden by the King WE will not hold the Lands of them that be be Convict of Felony but one Year and one day and then those Lands shall be delivered to the Lords of the Fee CHAP. XXIII In what place Wears shall be put down ALL Wears from henceforth shall be utterly put down by Thames and Medway and through all
c. Deserves to be written in Letters of Gold and I have often wondered the words thereof are not Inscribed in Capitals on all our Courts of Judicature Town-Halls and most publick Edifices they are the Elixir of our English Freedoms the Storehouse of all our Liberties And because my Lord Cook in the second part of his Institutes has many excellent Observations I shall here Recite his very words This Chapter containeth nine several Branches 1. That no man be taken or Imprisoned but per Legem terrae that is by the Common Law Statute-Law or Custome of England For these words per Legem terrae being towards the end of this Chapter do Refer to all the precedent matters in this Chapter and this hath the first place because the Liberty of a mans person is more pretious to him than all the rest that follow and therefore it is great reason that he should by Law be Relieved therein if he be wronged as hereafter shall be shewed 2. No man shall be Disseised that is put out of Seisin or dispossessed of his Free-hold that is Lands or Livelyhood or of his Liberties or free Customs that is of such Franchises and Freedoms and free Customs as belong to him by his Free Birth-Right unless it be by the lawful Judgment that is Verdict of his equals that is of men of his own Condition or by the Law of the Land that is to speak it once for all by the due Course and process of Law 3. No man shall be Outlawed made an Exlex put out of the Law that is deprived of the Benefit of the Law unless he be Outlawed according to the Law of the Land 4. No man shall be Exiled or Banished out of his Countrey that is Nemo perdet patriam no man shall lose his Countrey unless he be Exiled according to the Law of the Land 5. No man shall in any sort be destroyed Destruere id est quod prius structum factum fuit penitus Evertere Diruere unless it be by the Verdict of his Equals or according to the Law of the Land 6. No man shall be Condemned at the Kings Suit either before the King in his Bench where the Pleas are Coram Rege and so are the words Nec super eum ibimus to be understood nor before any other Commissioner or Judge whatsoever and so are the words Nec super eum mittimus to be understood but by the Judgment of his Peers that is Equals or according to the Law of the Land 7. We shall sell to no man Justice or Right 8. We shall deny to no man Justice or Right 9. We shall defer to no man Justice or Right Each of these we shall briefly explain 1. No man shall be taken that is Restrained of Liberty by Petition or Suggestion to the King or his Council unless it be by Indictment or Presentment of good and lawful men where such deeds be done This Branch and divers other parts of this Act have been notably explained and Construed by divers Acts of Parliament several of which you will find Recited hereafter in this Book 2. No man shall be Disseised c. Hereby is intended that Lands Tenements Goods and Chattels shall not be seised into the Kings Hands contrary to this great Charter and the Law of the Land nor any man shall be disseised of his Lands or Tenements or dispossessed of his Goods or Chattels contrary to the Law of the Land A Custom was alleadged in the Town of C. that if the Tenant cease by two years that the Lord should enter into the Freehold of the Tenant and hold the same until he were satisfied of the Arrearages it was adjudged a Custom against the Law of the Land to enter into a Mans Freehold in that case without Action or Answer King Henry 6. Granted to the Corporation of Diers within London power to search c. And if they found any Cloath died with Log-Wood that the Cloath should be Forfeit And it was adjuged that this Charter concerning the Forfeiture was against the Law of the Land and this Statute For no Forfeiture can grow by Letters Patents No Man ought to be put from his Livelihood without Answer 3. No Man Outlawed That is barred to have the benefit of the Law And note to this word Outlawed these words Vnless by the Law of the Land do Referr Of his Liberties This word hath three Significations 1. As it hath been said it signifieth the Laws of the Realm in which respect this Charter is called Charta Libertatum as aforesaid 2. It signifieth the Freedom the Subjects of England have for example the Company of Merchant-Taylors of England having power by their Charter to make Ordinances made an Ordinance that every Brother of the same Society should put the one half of his Cloaths to be dressed by some Cloath-Workers Free of the same Company upon pain to Forfeit 10 s. c. And it was adjuged that this Ordinance was against Law because it was against the Liberty of the Subject for every Subject hath freedom to put his Cloaths to be dressed by whom he will sic de similibus And so it is if such or the like grant had been made by his Letters Patents 3. Liberties signifie the Franchises and Priviledges which the Subjects have of the gift of the King as the Goods and Chattels of Felons Out-laws and the like or which the Subject claims by Prescription as wreck waife straie and the like So likewise and for the same reason if a Grant be made to any Man to have the Sole making of Cards or the Sole dealing with any other Trade that Grant is against the Liberty and Freedom of the Subject that before did or lawfully might have used that Trade and consequently against this great Charter Generally all Monopolies are against this great Charter because they are against the Liberty and Freedom of the Subject and against the Law of the Land 4. No Man Exiled that is Banisht or forced to depart or stay out of England without his Consent By the Law of the Land no Man can be Exiled or Banished out of his Native Country but either by Authority of Parliament or in Case of Abjuration for Felony by the Common Law and so when our Books or any Record speak of Exile or Banishment other than in case of Abjuration it is to be intended to be done by Authority of Parliament as Belknap and other Judges c. Banished into Ireland in the Reign of Rich. the Second This is a Beneficial Law and is Construed benignly And therefore the King cannot send any Subject of England against his will to serve him out of this Realm for that should be an Exile and he should perdere Patriam No he cannot be sent against his will into Ireland to serve the King or his Deputy there because it is out of the Realm of England For if the King might send him out of this Realm to any
five Year of our Reign Sententia lata super Chartas The Sentence of the Clergy against the Breakers of the Articles above written IN the Name of the Father the Son and the Holy Ghost Amen Whereas our Sovereign Lord the King to the Honour of God and of Holy Church and for the common profit of the Realm hath granted for him and his Heirs for ever these Articles above written Robert Archbishop of Canterbury Primate of all England admonished all his Province once twice and thrice Because that shortness will not suffer so much Delay as to give knowledge to all the People of England of these presents in Writing We therefore enjoyn all Persons of what Estate soever they be that they and every of them as much as in them is shall uphold and maintain these Articles granted by our Sov L. the K. in all points And all those that in any point do Resist or break or in any manner hereafter procure Counsel or any ways assent to resist or break those Ordinances or go about it by word or deed openly or privily by any manner of Pretence or Colour We the foresaid Arch-bishop by our Authority in this Writing expressed do Excommunicate and accurse and from the Body of our Lord Jesu Christ and from all the Company of Heaven and from all the Sacraments of Holy Church do Sequester and exclude NOTES It may be observed that this Curse is left out of our late Printed Statute-Book though inserted at large in that Printed in three Volumns in Queen Elizabeth's days Anno. 1557. There is likewise another like dreadful but more full and express Curse Solemnly pronounced before in the time of King Henry 3d. which being also omitted in our Modern Statute-Book I shall add here for the Readers satisfaction The Sentence or Curse given by the Bishops against the Breakers of the Great Charter IN the Year of our Lord One thousand two hundred and fifty three the Third day of May in the great Hall of the King at Westminster in the Presence and by the assent of the Lord Henry by the Grace of God King of England and the Lord Richard Earl of Cornwal his Brother Roger Bigot Earl of Norfolk and Suffolk Marshal of England Humphry Earl of Hereford Henry Earl of Oxford John Earl Warren and other Estates of the Realm of England William Boniface by the Mercy of God Arch-bishop of Canterbury Primate of all England F. of London H. of Ely S. of Worcester E. of Lincoln W. of Norwich G. of Hereford W. of Salisbury W. of Durham R. of Exeter M. of Carlile W. of Bath E. of Rochester T. of Saint Davids Bishops apparelled in Pontificials with Tapers burning against the Breakers of the Churches Liberties and of the Liberties or other Customs of the Realm of England and namely of those which are contained in the Charter of the Common Liberties of England and Charter of the Forrest have denounced the Sentence of Excommunication in this Form By the Authority of Almighty God the Father the Son and the Holy Ghost and of the Glorious Mother of God and perpetual Virgin Mary of the Blessed Apostles Peter and Paul and of all Apostles and of all Martyrs of Blessed Edward King of England and of all the Saints of Heaven We Excommunicate Accurse and from the Benefits of our Holy Mother the Church we Sequester All those that hereafter willingly and maliciously deprive or spoil the Church of her Right And all those that by any Craft or Wiliness do Violate Break Diminish or Change the Churches Liberties and free Customs contained in the Charters of the Common Liberties and of the Forr est granted by our Lord the King to Archbishops Bishops and other Prelates of England and likewise to the Earls Barons Knights and other Freeholders of the Realm And all that secretly or openly by Deed Word or Council do make Statutes or observe them being made and that bring in Customs or keep them when they be brought in against the said Liberties or any of them the Writers the Law-makers Councellors and the Executioners of them and all those that shall presume to judge against them All and every which Persons before mentioned that wittingly shall commit any of the Premises let them well know that they incurr the foresaid Sentence ipso facto i. e. upon the Deed done And those that Commit ought ignorantly and be admonished except they reform themselves within 15 dayes after the time of the admonition and make full satisfaction for that they have done at the will of the Ordinary shall be from that time forth wrapped in the said Sentence and with the same Sentence we burden all those that presume to disturb the Peace of our Soveraign Lord the King and of the Realm To the perpetual Memory of which thing we the foresaid Prelates have put our Seals to these presents So Zealous were our Ancestors to preserve their Liberties from encroachments that they employed all the strength of humane Policy and Religious Obligations to secure them intire and inviolate And since this Act is still in as much force as the Act against Conventicles I cannot fadome the Reason why our Prelates should not as well hold themselves obliged twice a Year to accurse the Infringers thereof as to Prosecute Protestant Dissenters However we may note that by this Statute Chap. 2. it is expresly provided that if any Judgments be given from that time forwards against any of the points of Magna Charta they shall be annull'd and holden for nought therefore Quaere whether the conviction of Protestant Dissenters by a Justice and spoiling them of their goods without any Trial and Conviction by a Jury which is expresly against the 29 Chapter of Magna Charta ought not to be taken notice of and redress'd and the original Promoters thereof to be Curs'd by my Lords the Bishops as aforesaid A Statute made Anno 34 Edw. 1. commonly called de Tallageo non Concedendo CHAP. I. The King or his Heirs shall have no Tallage or Aid without consent of Parliament NO Tallage or Aid shall be taken or Levied by Us or our Heirs in our Realm without the good Will and Assent of Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land CHAP. II. Nothing shall be purveyed to the Kings Vse without the Owners consent NO Officer of ours or of our Heirs shall take Corn Leather Cattel or any other Goods of any manner of Person without the good Will and Assent of the Party to whom the Goods belonged CHAP. III. Nothing shall be taken of Sacks of Wooll by Colour of Maletot NOthing from henceforth shall be taken of Sacks of Wooll by colour or occasion of Maletot CHAP. IV. All Laws Liberties and Customs confirmed WE Will and Grant for Us and our Heirs That all Clerks and Lay-men of our Land shall have their Laws Liberties and free Customs as largely and wholly as they have used to have the same at any time
when they had them best 2. And if any Statutes have been made by Us and our Ancestors or any Customs brought in contrary to them or any manner of Article contained in this present Charter We Will and grant that such manner of Statutes and Customs shall be void and frustrate for evermore CHAP. V. Pardon granted to certain Offenders MOreover we have pardoned Humphrey Bohun Earl of Hereford and Essex Constable of England Roger Earl of Norfolk and Suffolk Marshal of England and other Earls Barons Knights Esquires and namely John de Ferrariis with all other being of their Fellowship Consederacy and Bond and also of other that hold 20 l. Land in our Realm whether they hold of us in Chief or of others that were appointed at a day certain to pass over with us into Flanders the Rancour and Evil will born against us and all other Offences if any they have committed against us unto the making of this present Charter CHAP. VI. The Curse of the Church shall be Pronounced against the Breakers of this Charter ANd for the more assurance of this thing we will and grant that all Archbishops and Bishops for ever shall read this present Charter in Cathedral Churches twice in the Year and upon the Reading thereof in every of their Parish-Churches shall openly Denounce accursed all those that willingly do procure to be done any thing contrary to the tenour force and effect of this present Charter in any point and article In witness of which thing we have set our Seal to this present Charter together with the Seals of the Archbishops Bishops which voluntarily have sworn that as much as in them is they shall observe the tenour of this present Charter in all Causes and Articles and shall extend their faithful Aid to the keeping thereof c. The Comment THe word Tallage is derived from the French word Tailler to share or cut out a part and is Metaphorically used for any Charge when the King or any other does cut out or take away any part or share out of a Mans Estate and being a general word it includes all Subsidies Taxes Tenths Aids Impositions or other Charges whatsoever The word Maletot signifies an Evil that is an unjust Toll Custom Imposition or Sum of Money The occasion of making this Statute was this King Edward being injured by the French King resolves to make War against him and in order thereunto requires of Humphrey le Bohun Earl of Hereford and Essex and Constable of England and of Roger Bigot Earl of Norfolk and Suffolk and Marshal of England and of all the Earls Barons Knights Esquires and Freeholders of 20 l. Land whether they held of him in Capite to contribute towards such his expedition that is to go in Person or find sufficient Men in their places in his Army which the Constable and Marshal and many of the Knights and Esquires and especially this John Ferrers taking part with them and all the Freemen stoutly denyed unless it were so ordained and determined by common consent in Parliament according to Law And it seems the contest grew so hot that Baker's Chronicle Folio 99. relates a strange Dialogue that pass'd between them viz. That when the Earl Marshal told the King That if his Majesty pleased to go in Person he would then go with him and march before him in the Van-Guard as by right of Inheritance he ought to do but otherwise he would not stir the King told him plainly he should go with any other though he went not in Person I am not so bound saith the Earl neither will I take that Journey without you The King swore By God Sir Earl you shall either go or Hang And I swear by the same Oath said the Earl I will neither go nor Hang. And so the King was forc'd to dispatch his expedition without them And yet saith my Lord Coke altho the King had conceived a deep displeasure against the Constable Marshal and others of the Nobility Gentry and Commons of the Realm for denying that which he so much desired yet for that they stood in defence of their Laws Liberties and free Customes the said King Edward the First who as Sir William Herle Chief Justice of the Common-Pleas who lived in his time and served him said in the time of King Edward the 3d. was the wisest King that ever was did after his return from beyond the Seas not only consent to this Statute whereby all such Tallages and Impositions are forbidden for the future but also passes a Pardon to the said Nobles c. of all Rancour Ill-will and Transgressions If any they have committed which last words were added lest by acceptance of a Pardon of Transgression they should implicitely confess that they had Transgressed so careful were the Lords and Commons in former times to preserve the Ancient Laws Liberties and free Customs of their Country But note these words Si quas fecerint If any they have committed are left out in all the Printed Books of Statutes but they are in this Statute recited by Coke in his second Book of Institutes Fo. 535. and specially noted which he would never have done if it had not been so in the Rolls And since 't is probable them may be many more like Omissions Mistakes or Falsifications crept into the Prints and for that the Râ—â—â—â—d not the printed Satute-Book varying from the Records is the Law It were to be wished that all the Rolls of Acts of Parliament were carefully by some Persons of Learning and Integrity view'd and Compared with the Prints and notice taken of all such Varâ—â—tions and of Errors committed in the Translations and of any Statutes of a publick Import if in force that were never printed and the same to be made publick Anno 25 Edw. 3. CAP. II. A Declaration what Offences shall be adjudged Treason WHereas diverse opinions have been before this time in what Case Treason shall be said and in what not 2. The King at the Request of the Lords and of the Commons hath made a declaration in the manner as hereafter followeth that is to say When a Man doth Compass or Imagine the Death of our Lord the King or of our Lady his Queen or of their eldest Son and Heir 3. Or if a man do violate the Kings Companion or the Kings Eldest Daughter unmarried or the Wife of the Kings Eldest Son and Heir 4. Or if a Man do Levy War against our Lord the King in his Realm or be Adherent to the Kings Enemies in his Realm giving them Aid and Comfort in the Realm or elsewhere and thereof be provably Attainted of open Deed by the People of their Condition 5. And if a Man Counterfeit the Kings Great or Privy-Seal or his Money 6. And if a Man bring false Money into this Realm Counterfeit to the Money of England as the Money called Lushburgh or other like to the said Money of England knowing the Money to be false to Merchandise