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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