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have been delivered to us by the English in security of peace and faithful service.
50. We will remove from their bailiwicks the kinsmen of Gerard de Athyes, so that henceforth they shall have no bailiwick in England; Engelard of Cygony; Andrew, Peter, and Gyone de Chancell; Gyone de Cygony; Geoffrey de Martin and his brothers; Philip Mark and his brothers, and Geoffrey his brother, and all their retinue.
51. And immediately after the conclusion of peace we will remove from the kingdom all foreign knights, crossbowmen, and mercenary soldiers who have come with horses and arms to the injury of the kingdom.
52. If any man hath been by us deprived or dispossessed, without the lawful judgment of his peers, of lands, castles, liberties, or rights, we will forthwith make restitution, and if any dispute arise on this head, then the matter shall be settled by the judgment of five and twenty barons hereinafter mentioned for the preservation of the peace. Concerning all those things of which any man hath been deprived or dispossessed, without the legal judgment of his peers, by King Henry our father, or King Richard our brother, which we hold in our own hand or others hold under our warrant, we shall have respite until the common term of the Crusaders; except those concerning which a plea has been moved, or an inquisition made by our direction, before our taking the cross; but so soon as we shall return from our expedition, or if by chance we should not go upon our expedition, we will forthwith do therein full justice.
53. We shall have like respite, and upon the like conditions, in doing justice by disforesting the forests which Henry our father or Richard our brother afforested, and the same concerning the wardship of lands belonging to another man's fee, of which we have hitherto had wardship on account of some fee held by the tenant from us by military service, and concerning abbeys founded in a fee which is not ours, and in which the lord hath claimed a right; and when we shall have returned, or if we should not go upon our expedition, we shall forth with do full justice to complainants in these matters.
54. No man shall be taken or imprisoned on the appeal of a woman for the death of any other than her husband.
55. All fines that have been made unjustly and contrary to the law of the land, and all amerciaments imposed unjustly, contrary to the law of the land, shall be wholly remitted; or order shall therein be taken by the five and twenty barons hereinafter mentioned for the security of the peace, or by the verdict of the greater part of them, together with the aforesaid Stephen, archbishop of Canterbury, if he can be present, and such others as he may think fit to bring with him; but if he cannot be present, the business shall nevertheless proceed without him; yet so, that if any one or more of the aforesaid five and twenty barons have a like plea, they shall be removed from that particular trial, and others elected and sworn for that trial only by the residue of the five and twenty shall be substituted in their room.
56. If we have deprived or dispossessed any Welshmen of their lands, or liberties, or other things, without a legal verdict of their peers, restitution shall forthwith be made ; and if any dispute shall arise upon this head, then let it be determined in the Marches by the judgment of their peers ; for tenements of England, according to the law of England; for tenements of Wales, according to the law of Wales; and for tenements of the Marches, according to the law of the Marches. The Welsh shall do the same to us and to our subjects.
57. Also, concerning those things of which any Welshman hath been deprived or dispossessed without the lawful judgment of his peers, by King Henry our father, or King Richard our brother, and which we hold in our hand or others hold under our warrant, we shall have respite until the common term of the Crusaders, except for those concerning which a plea hath been moved, or an inquisition made by our command before taking the cross.
But as soon as we return upon our expedition, or if by chance we should not go upon our expedition, we shall immediately do full justice therein, according to the laws of Wales and of the parts aforesaid.
58. We will forthwith release the son of Llewellyn, and all the
charters and hostages of Wales which were delivered to us for security of the peace.
59. We will do to Alexander, King of Scotland, concerning the restoration of his sisters and hostages, and concerning his liberties, and concerning his rights, according to the form in which we do to our other barons of England, unless it ought otherwise to be according to the charters which we have from William, his father, the late King of Scots; and this shall be by the judgment of his peers in our court.
60. All the aforesaid customs and liberties which we, for our part, have granted to be holden in our kingdom by our people, let all within the kingdom, as well clergy as laity, observe toward their vassals.
61. But forasmuch as we have granted all these things aforesaid to GOD, both for the amendment of our kingdom and for the better settling of the discord which has sprung up between us and our barons; and forasmuch as we desire that these things should remain in perfect and complete stability forever; therefore we do make and grant them the security underwritten, to wit: that the barons may elect twenty-five barons of the kingdom, whom they please, who shall, with their whole power, observe, keep, and cause to be observed, the liberties which we have granted and confirmed to them by this our charter : that is to say, if we or our justiciary, or our bailiffs, or any of our officers, shall have injured any one in anything, or shall have transgressed any article of peace or security, and the injury shall be shown to four of the aforesaid five and twenty barons, the four barons shall come to us, or to our justiciary if we shall be out of the kingdom, and making known to us the wrong committed, shall petition us to cause it to be redressed without delay. And if we, or our justiciary if we be not in the kingdom, do not redress the wrong within the term of forty days, to be reckoned from the time when we were notified thereof, or when our justiciary was notified, if we were not within the kingdom, the aforesaid four barons shall lay the cause before the residue of the five and twenty barons ; and they, the five and twenty barons, with the community of the whole land, shall harass
Covenant of Security.
This is the covenant made between our lord John, king of England, on the one part, and Robert Fitzwalter, elected marshal of GOD and of the Holy Church in England, and Richard earl of Clare, Geoffrey earl of Essex and Gloucester, Roger Bigod earl of Norfolk and Suffolk, Saher earl of Winchester, Robert earl of Oxford, Henry earl of Hereford, and the barons underwritten: that is to say, William Marshall the younger, Eustace de Vescy, William de Mowbray, John Fitz Robert, Robert de Mont-Begon, William de Lauvalay, and other earls and barons and freemen of the whole kingdom, on the other part: namely, That they, the earls and barons, and others before written, shall hold the custody of the city of London in bail from our lord the king ; saving that they shall clearly render all the debts and revenues within the same to our lord the king, until the term of the Assumption of the Blessed Virgin Mary, in the seventeenth year of his reign.
And the lord of Canterbury shall hold, in like manner of bail, from our lord the king, the custody of the tower of London, to the aforesaid term : saving to the city of London its liberties and free customs, and taking his oath, in the keeping of the said tower, that our lord the king shall, in the meanwhile, not place a guard, or other forces, in the aforesaid city, nor in the tower of London.
And that, also, within the aforesaid term, the oaths to the twenty-five barons be tendered throughout all England, as it is tendered in the charter granted concerning the liberties and security of the kingdom, or to the attorneys of the twenty-five barons, as it is contained in the letters granted concerning the election of twelve knights for abolishing evil customs of the forests, and others. And moreover, within the said term, all the other demands which the earls, barons, and other freemen do ask of our lord the king, which he himself has declared to be granted to them, or which by the twenty-five barons, or by the greater part of them, shall be judged proper to be granted, are to be given according to the tenor of the said charter. And if these things shall be done, or if our lord the king, on his part, shall agree to do them within the term limited, then the city and tower of London shall, at the same term, be delivered up to our lord the king; saving always to the aforesaid city its liberties and free customs, as it is before written. And if these things shall not be done, and if our lord the king shall not agree to do them within the period aforesaid, the barons shall hold the aforesaid city, and the lord archbishop the tower of London, until the aforesaid deed shall be completed. And in the meanwhile, all of both parts shall recover