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accordance with the ancient usage of ‘fees’ |
(3) But if the heir of such a person is under age and a ward, when he |
comes of age he shall have his inheritance without ‘relief’ or fine. |
(4) The guardian of the land of an heir who is under age shall take |
from it only reasonable revenues, customary dues, and feudal services. |
He shall do this without destruction or damage to men or property. If |
we have given the guardianship of the land to a sheriff, or to any |
person answerable to us for the revenues, and he commits destruction or |
damage, we will exact compensation from him, and the land shall be |
entrusted to two worthy and prudent men of the same ‘fee’, who shall be |
answerable to us for the revenues, or to the person to whom we have |
assigned them. If we have given or sold to anyone the guardianship of |
such land, and he causes destruction or damage, he shall lose the |
guardianship of it, and it shall be handed over to two worthy and |
prudent men of the same ‘fee’, who shall be similarly answerable to us. |
(5) For so long as a guardian has guardianship of such land, he shall |
maintain the houses, parks, fish preserves, ponds, mills, and |
everything else pertaining to it, from the revenues of the land itself. |
When the heir comes of age, he shall restore the whole land to him, |
stocked with plough teams and such implements of husbandry as the |
season demands and the revenues from the land can reasonably bear. |
(6) Heirs may be given in marriage, but not to someone of lower social |
standing. Before a marriage takes place, it shall be’ made known to the |
heir’s next-of-kin. |
(7) At her husband’s death, a widow may have her marriage portion and |
inheritance at once and without trouble. She shall pay nothing for her |
dower, marriage portion, or any inheritance that she and her husband |
held jointly on the day of his death. She may remain in her husband’s |
house for forty days after his death, and within this period her dower |
shall be assigned to her. |
(8) No widow shall be compelled to marry, so long as she wishes to |
remain without a husband. But she must give security that she will not |
marry without royal consent, if she holds her lands of the Crown, or |
without the consent of whatever other lord she may hold them of. |
(9) Neither we nor our officials will seize any land or rent in payment |
of a debt, so long as the debtor has movable goods sufficient to |
discharge the debt. A debtor’s sureties shall not be distrained upon so |
long as the debtor himself can discharge his debt. If, for lack of |
means, the debtor is unable to discharge his debt, his sureties shall |
be answerable for it. If they so desire, they may have the debtor’s |
lands and rents until they have received satisfaction for the debt that |
they paid for him, unless the debtor can show that he has settled his |
obligations to them. |
(10) If anyone who has borrowed a sum of money from Jews dies before |
the debt has been repaid, his heir shall pay no interest on the debt |
for so long as he remains under age, irrespective of whom he holds his |
lands. If such a debt falls into the hands of the Crown, it will take |
nothing except the principal sum specified in the bond. |
(11) If a man dies owing money to Jews, his wife may have her dower and |
pay nothing towards the debt from it. If he leaves children that are |
under age, their needs may also be provided for on a scale appropriate |
to the size of his holding of lands. The debt is to be paid out of the |
residue, reserving the service due to his feudal lords. Debts owed to |
persons other than Jews are to be dealt with similarly. |
(12) No ‘scutage’ or ‘aid’ may be levied in our kingdom without its |
general consent, unless it is for the ransom of our person, to make our |
eldest son a knight, and (once) to marry our eldest daughter. For these |
purposes only a reasonable ‘aid’ may be levied. ‘Aids’ from the city of |
London are to be treated similarly. |
(13) The city of London shall enjoy all its ancient liberties and free |
customs, both by land and by water. We also will and grant that all |
other cities, boroughs, towns, and ports shall enjoy all their |
liberties and free customs. |
(14) To obtain the general consent of the realm for the assessment of |
an ‘aid’ - except in the three cases specified above - or a ‘scutage’, |
we will cause the archbishops, bishops, abbots, earls, and greater |
barons to be summoned individually by letter. To those who hold lands |
directly of us we will cause a general summons to be issued, through |
the sheriffs and other officials, to come together on a fixed day (of |
which at least forty days notice shall be given) and at a fixed place. |
In all letters of summons, the cause of the summons will be stated. |
When a summons has been issued, the business appointed for the day |
shall go forward in accordance with the resolution of those present, |
even if not all those who were summoned have appeared. |
(15) In future we will allow no one to levy an ‘aid’ from his free men, |
except to ransom his person, to make his eldest son a knight, and |
(once) to marry his eldest daughter. For these purposes only a |
reasonable ‘aid’ may be levied. |
(16) No man shall be forced to perform more service for a knight’s |
‘fee’, or other free holding of land, than is due from it. |
(17) Ordinary lawsuits shall not follow the royal court around, but |
shall be held in a fixed place. |
(18) Inquests of novel disseisin, mort d’ancestor, and darrein |
presentment shall be taken only in their proper county court. We |
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