[1]
A widow, after the death of her husband, is immediately and without any
difficulty to have her marriage portion and her inheritance, nor is she to pay
anything for her dower or her marriage portion or for her inheritance which her
husband and she held on the day of her husband’s death, and she shall remain in
the chief dwelling place of her husband for forty days after her husband’s
death, within which time dower will be assigned her if it has not already been
assigned, unless that house is a castle, and if it is a castle which she
leaves, then a suitable house will immediately be provided for her in which she
may properly dwell until her dower is assigned to her in accordance with what
is aforesaid, and in the meantime she is to have her reasonable necessities
(estoverium) from the common property. As dower she will be assigned the third
part of all the lands of her husband which were his during his lifetime, save
when she was dowered with less at the church door. No widow shall be distrained
to marry for so long as she wishes to live without a husband, provided that she
gives surety that she will not marry without our assent if she holds of us, or
without the assent of her lord, if she holds of another.
[2]
Neither we nor our bailiffs will seize any land or rent for any debt, as long
as the existing chattels of the debtor suffice for the payment of the debt and
as long as the debtor is ready to pay the debt, nor will the debtor’s
guarantors be distrained for so long as the principal debtor is able to pay the
debt; and should the principal debtor default in his payment of the debt, not
having the means to repay it, or should he refuse to pay it despite being able
to do so, the guarantors will answer for the debt and, if they wish, they are
to have the lands and rents of the debtor until they are repaid the debt that
previously they paid on behalf of the debtor, unless the principal debtor can
show that he is quit in respect to these guarantors.
[3]
If anyone holding a lay fee from us should die, and our sheriff or bailiff
shows our letters patent containing our summons for a debt that the dead man
owed us, our sheriff or bailiff is permitted to attach and enroll all the goods
and chattels of the dead man found in lay fee, to the value of the said debt,
by view of law-worthy men, so that nothing is to be removed thence until the
debt that remains is paid to us, and the remainder is to be released to the
executors to discharge the will of the dead man, and if nothing is owed to us
from such a person, all the chattels are to pass to the (use of) the dead man,
saving to the dead man’s wife and children their reasonable portion.
[4]
No constable or his bailiff is to take corn or other chattels from anyone who
not themselves of a vill where a castle is built, unless the constable or his
bailiff immediately offers money in payment of obtains a respite by the wish of
the seller. If the person whose corn or chattels are taken is of such a vill,
then the constable or his bailiff is to pay the purchase price within forty
days.
[5]
No sheriff or bailiff of ours or of anyone else is to take anyone’s horses or
carts to make carriage, unless he renders the payment customarily due, namely
for a two-horse cart ten pence per day, and for a three-horse cart fourteen
pence per day. No demesne cart belonging to any churchman or knight or any
other lady (sic) is to be taken by our bailiffs, nor will we or our bailiffs or
anyone else take someone else’s timber for a castle or any other of our
business save by the will of he to whom it was taken.
[6]
There is to be a single measure for wine throughout our realm, and a single
measure for ale, and a single measure for Corn, that is to say the London
quarter, and a single breadth for dyed cloth, russets, and haberjects, that is
to say two yards within the lists. And it shall be the same for weights as for
measures.
[7]
No bailiff is henceforth to put any man on his open law or on oath simply by
virtue of his spoken word, without reliable witnesses being produced for the
same.
[8]
No freeman is to be taken or imprisoned or disseised of his free tenement or of
his liberties or free customs, or outlawed or exiled or in any way ruined, nor
will we go against such a man or send against him save by lawful judgement of
his peers or by the law of the land. To no-one will we sell or deny of delay
right or justice.
[9]
All merchants, unless they have been previously and publicly forbidden, are to
have safe and secure conduct in leaving and coming to England and in staying
and going through England both by land and by water to buy and to sell, without
any evil exactions, according to the ancient and right customs, save in time of
war, and if they should be from a land at war against us and be found in our
land at the beginning of the war, they are to be attached without damage to
their bodies or goods until it is established by us or our chief justiciar in
what way the merchants of our land are treated who at such a time are found in
the land that is at war with us, and if our merchants are safe there, the other
merchants are to be safe in our land.
[10]
All patrons of abbeys which have charters of the kings of England over advowson
or ancient tenure or possession are to have the custody of such abbeys when
they fall vacant just as they ought to have and as is declared above.
[11]
No-one is to be taken or imprisoned on the appeal of woman for the death of
anyone save for the death of that woman’s husband.
[12]
Nor is it permitted to anyone to give his land to a religious house in such a
way that he receives it back from such a house to hold, nor is it permitted to
any religious house to accept the land of anyone in such way that the land is
restored to the person from whom it was received to hold. If anyone henceforth
gives his land in such a way to any religious house and is convicted of the
same, the gift is to be entirely quashed and such land is to revert to the lord
of that fee.
[13]
All these aforesaid customs and liberties which we have granted to be held in
our realm in so far as pertains to us are to be observed by all of our realm,
both clergy and laity, in so far as pertains to them in respect to their own
men. For this gift and grant of these liberties and of others contained in our
charter over the liberties of the forest, the archbishops, bishops, abbots,
priors, earls, barons, knights, fee holders and all of our realm have given us
a fifteenth part of all their movable goods. Moreover we grant to them for us
and our heirs that neither we nor our heirs will seek anything by which the
liberties contained in this charter might be infringed or damaged, and should
anything be obtained from anyone against this it is to count for nothing and to
be held as nothing. With these witnesses: the lord……….
Given
at Westminster on the eleventh day of February in the ninth year of our reign.
We,
holding these aforesaid gifts and grants to be right and welcome, conceed and
confirm them for ourselves and our heirs and by the terms of the present
(letters) renew them, wishing and granting for ourselves and our heirs that the
aforesaid charter is to be firmly and inviably observed in all and each of its
articles in perpetuity, including any articles contained in the same charter
which by chance have not to date been observed. In testimony of which we have
had made these our letters patent. Witnessed by Edward our son, at Westminster
on the twelfth day of October in the twenty-fifth year of our reign. (Chancery
warranty by John of) Stowe.
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