Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
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 LIKE WISE. AND FOR THIS OUR GIFT AND GRANT OF THESE
LIBERTIES, AND OF OTHER CONSTRAINED IN OUR CHARTER OF LIBERTIES
OF OUR FOREST, THE ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS,
BARONS, KNIGHTS, FREEHOLDERS, AND OUR OTHER SUBJECTS, HAVE GIVEN
UNTO US THE FIFTEENTH PART OF ALL THEIR MOVEABLES. AND WE HAVE
GRANTED UNTO THEM ON THE OTHER PART, THAT NEITHER WE, NOR OUR
HEIRS, SHALL PROCURE OR DO ANY THING WHEREBY THE LIBERTIES IN
THIS CHARTER CONTAINED SHALL BE INFRINGED OR BROKEN. AND IF ANY
THING BE PROCURED BY ANY PERSON CONTRARY TO THE PREMISES, IT
SHALL BE HAD OF NO FORCE NOR EFFECT.
{Whereas we, for the honor of God and the reform of our realm,
and in order the better to allay the discord arisen between us
and our barons, have granted all these things aforesaid. We,
willing that they be forever enjoyed wholly and in lasting
strength, do give and grant to our subjects the following
security, to wit, that the barons shall elect any twenty-five
barons of the realm they wish, who shall, with their utmost
power, keep, hold, and cause to be kept the peace and liberties
which we have granted unto them and by this our present Charter
have confirmed, so that if we, our Justiciary, bailiffs, or any
of our ministers offends in any respect against any man, or
transgresses any of these articles of peace or security, and the
offense is brought before four of the said twenty- five barons,
those four barons shall come before us, or our Chief Justiciary
if we are out of the realm, declaring the offense, and shall
demand speedy amends for the same. If we or, in case of our
being out of the realm, our Chief Justiciary fails to afford
redress within forty days from the time the case was brought
before us or, in the event of our having been out of the realm,
our Chief Justiciary, the aforesaid four barons shall refer the
matter to the rest of the twenty-five barons, who, together with
the commonalty of the whole country, shall distrain and
distress us to the utmost of their power, to wit, by capture of
our castles, lands, and possessions and by all other possible
means, until compensation is made according to their decision,
saving our person and that of our Queen and children; as soon as
redress has been had, they shall return to their former
allegiance. Anyone in the realm may take oath that, for the
accomplishment of all the aforesaid matters, he will obey the
orders of the said twenty-five barons and distress us to the
utmost of his power; and we give public and free leave to
everyone wishing to take oath to do so, and to none will we deny
the same. Moreover, all such of our subjects who do not of their
own free will and accord agree to swear to the said twenty-five
barons, to distrain and distress us together with them, we will
compel to do so by our command in the aforesaid manner. If any
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