Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
50. We will entirely remove from their bailiwicks the relations of
Gerard de Atheyes, so that for the future they shall have no bailiwick
in England; we will also remove Engelard de Cygony, Andrew, Peter, and
Gyon, from the Chancery; Gyon de Cygony, Geoffrey de Martyn, and his
brothers; Philip Mark, and his brothers, and his nephew, Geoffrey, and
their whole retinue.
51. As soon as peace is restored, we will send out of the kingdom all
foreign knights, cross-bowmen, and stipendiaries, who are come with
horses and arms to the molestation of our people.
52. If any one has been dispossessed or deprived by us, without the
lawful judgment of his peers, of his lands, castles, liberties, or
right, we will forthwith restore them to him; and if any dispute arise
upon this head, let the matter be decided by the five-and-twenty
barons hereafter mentioned, for the preservation of the peace. And for
all those things of which any person has, without the lawful judgment
of his peers, been dispossessed or deprived, either by our father King
Henry, or our brother King Richard, and which we have in our hands, or
are possessed by others, and we are bound to warrant and make good,
we shall have a respite till the term usually allowed the crusaders;
excepting those things about which there is a plea depending, or
whereof an inquest hath been made, by our order before we undertook
the crusade; but as soon as we return from our expedition, or if
perchance we tarry at home and do not make our expedition, we will
immediately cause full justice to be administered therein.
53. The same respite we shall have, and in the same manner, about
administering justice, disafforesting or letting continue the forests,
which Henry our father, and our brother Richard, have afforested; and
the same concerning the wardship of the lands which are in another's
fee, but the wardship of which we have hitherto had, by reason of a
fee held of us by knight's service; and for the abbeys founded in any
other fee than our own, in which the lord of the fee says he has a
right; and when we return from our expedition, or if we tarry at home,
and do not make our expedition, we will immediately do full justice to
all the complainants in this behalf.
54. No man shall be taken or imprisoned upon the appeal[43] of a woman,
for the death of any other than her husband.
[Footnote 43: An _Appeal_ here means an "accusation." The appeal
here mentioned was a suit for a penalty in which the plaintiff was a
relation who had suffered through a murder or manslaughter. One of the
incidents of this "Appeal of Death" was the Trial by Battle. These
Appeals and Trial by Battle were not abolished before the passing of
the Act 59 Geo. III., c. 46.]
Public-domain text, read in full here on John Shaqi.
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