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
55. All unjust and illegal fines made by us, and all amerciaments
imposed unjustly and contrary to the law of the land, shall
be entirely given up, or else be left to the decision of the
five-and-twenty barons hereafter mentioned for the preservation of
the peace, or of the major part of them, together with the aforesaid
Stephen, Archbishop of Canterbury, if he can be present, and others
whom he shall think fit to invite; and if he cannot be present, the
business shall notwithstanding go on without him; but so that if one
or more of the aforesaid five-and-twenty barons be plaintiffs in
the same cause, they shall be set aside as to what concerns this
particular affair, and others be chosen in their room, out of the said
five-and-twenty, and sworn by the rest to decide the matter.
56. If we have disseised or dispossessed the Welsh of any lands,
liberties, or other things, without the legal judgment of their peers,
either in England or in Wales, they shall be immediately restored to
them; and if any dispute arise upon this head, the matter shall be
determined in the Marches by the judgment of their peers; for tenements
in England according to the law of England, for tenements in Wales
according to the law of Wales, for tenements of the Marches according to
the law of the Marches: the same shall the Welsh do to us and our
subjects.
57. As for all those things of which a Welshman hath, without the lawful
judgment of his peers, been disseised or deprived of by King Henry our
father, or our brother King Richard, and which we either have in our
hands or others are possessed of, and we are obliged to warrant it, we
shall have a respite till the time generally allowed the crusaders;
excepting those things about which a suit is depending, or whereof an
inquest has been made by our order, before we undertook the crusade: but
when we return, or if we stay at home without performing our expedition,
we will immediately do them full justice, according to the laws of the
Welsh and of the parts before mentioned.
58. We will without delay dismiss the son of Llewellin, and all the
Welsh hostages, and release them from the engagements they have
entered into with us for the preservation of the peace.
59. We will treat with Alexander, King of Scots, concerning the
restoring his sisters and hostages, and his right and liberties, in
the same form and manner as we shall do to the rest of our barons
of England; unless by the charters which we have from his father,
William, late King of Scots, it ought to be otherwise; and this shall
be left to the determination of his peers in our court.
60. All the aforesaid customs and liberties, which we have granted to
be holden in our kingdom, as much as it belongs to us, all people of
our kingdom, as well clergy as laity, shall observe, as far as they
are concerned, towards their dependents.
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