merchants as are of the land at war with us. And if such in our land at the beginning of the war, they shall be deta out injury to their bodies or goods, until information be r us, or by our chief justiciar, how the merchants of our lan the land at war with us are treated; and if our men are the others shall be safe in our land.

XLII. It shall be lawful in the future for any one (ex ways those imprisoned or outlawed in accordance with the kingdom, and natives of any country at war with us, and n who shall be treated as is above provided) to leave our kin to return, safe and secure by land and water, except for a sh in time of war, on grounds of public policy — reserving a allegiance due to us.

XLIII. If any one holding of some escheat 2 (such as t of Wallingford, Nottingham, Boulogne, Lancaster, or of cheats which are in our hands and are baronies) shall die, shall give no other relief, and perform no other service to us would have done to the baron, if that barony had been in th hand; and we shall hold it in the same manner in which t held it.

XLIV. Men who dwell without the forest need not he come before our justiciars of the forest upon a general sumn cept those who are impleaded, or who have become sureties person or persons attached for forest offenses.

XLV. We will appoint as justices, constables, sheriffs, of only such as know the law of the realm and mean to observe

1 This famous article, requiring judgment of peers, has been often an ously identified with trial by jury.

2 An escheat refers to the return of an estate to a lord, either on f tenant's issue or on his committing a felony.

foresters and warreners, sheriffs and their officers, river banks and wardens, shall immediately be inquired into in each county by t sworn knights of the same county chosen by the honest men o same county, and shall, within forty days of the said inques utterly abolished, so as never to be restored, provided always we previously have intimation thereof, or our justiciar, if we sl not be in England.

XLIX. We will immediately restore all hostages and cha delivered to us by Englishmen, as sureties of the peace or of fai service.

L. We will entirely remove from their bailiwicks the rela of Gerard of Athée (so that in the future they shall have no baili in England); namely, Engelard of Cigogné, Peter, Guy, and An of Chanceaux, Guy of Cigogné, Geoffrey of Martigny with his brot Philip Mark with his brothers and his nephew Geoffrey, and whole brood of the same.2

LI. As soon as peace is restored, we will banish from the king all foreign-born knights, crossbowmen, serjeants, and merce soldiers, who have come with horses and arms to the kingdom's

LII. If any one has been dispossessed or removed by us, wit the legal judgment of his peers, from his lands, castles, franch or from his right, we will immediately restore them to him; a a dispute arise over this, then let it be decided by the five-and-tw barons of whom mention is made below in the clause for securin peace. Moreover, for all those possessions, from which any has, without the lawful judgment of his peers, been disseised moved, by our father, King Henry, or by our brother, King Ric

1 That is, reserved for the king's exclusive use when engaged in falconry. 2 These French adherents of King John were especially abnoxious to the and feared by them.

3 Article LXI.

taking of the cross; but as soon as we return from (or if perchance we desist from the expedition), we w grant full justice therein.

LIII. We shall have, moreover, the same respite a manner in rendering justice concerning the disafforest tion of those forests which Henry our father and Richa afforested, and concerning the wardship of lands which of another (namely, such wardships as we have hi reason of a fief which any one held of us by knight's concerning abbeys founded on other fiefs than our own lord of the fief claims to have right; and when we hav if we desist from our expedition, we will immediately gr to all who complain of such things.

LIV. No one shall be arrested or imprisoned upo of a woman, for the death of any other than her husban LV. All fines made with us unjustly and against land, and all amercements imposed unjustly and agai the land, shall be entirely remitted, or else it shall be do them according to the decision of the five-and-twenty ba mention is made below in the clause for securing the pe ing to the judgment of the majority of the same, along said Stephen, archbishop of Canterbury, if he can be such others as he may wish to bring with him for this if he cannot be present the business shall nevertheless out him, provided always that if any one or more of five-and-twenty barons are in a similar suit, they shal as far as concerns this particular judgment, others bein in their places after having been selected by the rest five-and-twenty for this purpose only, and after having

LVI. If we have disseised or removed Welshmen f liberties, or other things, without the legal judgment in England or in Wales, they shall be immediately resto and if a dispute arise over this, then let it be decided in by the judgment of their peers; for tenements in Engla

1 An "appeal" here signifies an accusation followed by a judici the appellant and appellee.

the cross; but as soon as we return (or if perchance we desist expedition), we will immediately grant full justice in accorda the laws of the Welsh and in relation to the aforesaid regio

LVIII. We will immediately give up the son of Llywely the hostages of Wales, and the charters delivered to us as se the peace.

LIX. We will do toward Alexander, king of Scots, conce return of his sisters and his hostages, and concerning his fr and his right, in the same manner as we shall do toward barons of England, unless it ought to be otherwise accordi charters which we hold from William his father, formerly Scots; and this shall be according to the judgment of his pe

court.

LX. Moreover, all these aforesaid customs and liber observance of which we have granted in our kingdom as fa tains to us toward our men, shall be observed by all of our as well clergy as laymen, as far as pertains to them toward t

LXI. Since, moreover, for God and the amendment of dom and for the better allaying of the quarrel that has a tween us and our barons, we have granted all these co desirous that they should enjoy them in complete and firm e forever, we give and grant to them the under-written security that the barons choose five-and-twenty barons of the kingdo soever they will, who shall be bound with all their might t and hold, and cause to be observed, the peace and liberties granted and confirmed to them by this our present charter if we, or our justiciar, or our bailiffs, or any one of our offic in anything be at fault toward any one, or shall have br one of the articles of the peace or of this security, and the notified to four barons of the aforesaid five-and-twenty, the

castles, lands, possessions, and in any other way they can, un dress has been obtained as they deem fit, saving harmless our person, and the persons of our queen and children; and when re has been obtained, they shall resume their old relations towar And let whoever in the country desires it swear to obey the o of the said five-and-twenty barons for the execution of all the a said matters, and along with them, to molest us to the utmost power; and we publicly and freely grant leave to every one wishes to swear, and we shall never forbid any one to swear. those, moreover, in the land who of themselves and of their own a are unwilling to swear to the twenty-five to help them in constra and molesting us, we shall by our command compel the same to s to the effect aforesaid. And if any one of the five-and-twenty ba shall have died or departed from the land, or be incapacitated in other manner which would prevent the aforesaid provisions b carried out, those of the said twenty-five barons who are left choose another in his place according to their own judgment, an shall be sworn in the same way as the others. Further, in all mat the execution of which is intrusted to these twenty-five barons, if chance these twenty-five are present and disagree about anything if some of them, after being summoned, are unwilling or unable t present, that which the majority of those present ordain or comm shall be held as fixed and established, exactly as if the whole twe five had concurred in this; and the said twenty-five shall swear they will faithfully observe all that is aforesaid, and cause it to observed with all their might. And we shall procure nothing fi any one, directly or indirectly, whereby any part of these con sions and liberties might be revoked or diminished; and if any s thing has been procured, let it be void and null, and we shall ne use it personally or by another.