(9) Neither we nor our Bailiffs, will seize any land or rent for any
debt, while the chattels of the debtor are sufficient for the
payment of the debt; nor shall the sureties of the debtor be
compelled, while the principal debtor is able to pay the debt; and
if the principal debtor fail in payment of the debt, not having
wherewith to discharge it, the sureties shall answer for the debt; and
if they be willing, they shall have the lands and rents of the debtor,
until satisfaction be made to them for the debt which they had
before paid for him, unless the principal debtor can shew himself
acquitted thereof against the said sureties.
(10) If any one hath borrowed any thing from the Jews, more or less,
and die before that debt be paid, the debt shall pay no interest so
long as the heir shall be under age, of whomsoever he may hold; and if
that debt shall fall into our hands, we will not take any thing except
the chattel contained in the bond,
(11) And if any one shall die indebted to the Jews, his wife shall
have her dower and shall pay nothing of that debt; and if children
of the deceased shall remain who are under age, necessaries shall be
provided for them, according to the tenement which belonged to the
deceased: and out of the residue the debt shall be paid, saving the
rights of the lords (of whom the lands are held.) In like manner
let it be with debts owing to others than Jews.
(12) No scutage nor aid shall be imposed in our kingdom, unless by
the common council of our kingdom; excepting to redeem our person,
to make our eldest son a knight, and once to marry our eldest
daughter, and not for these, unless a reasonable aid shall be
demanded.
(13) In like manner let it be concerning the aids of the City of
London.- And the City of London should have all it's ancient
liberties, and it's free customs, as well by land as by water.-
Furthermore, we will and grant that all other Cities, and Burghs,
and Towns, and Ports, should have all their liberties and free
customs.
(14) And also to have the common council of the kingdom, to assess
and aid, otherwise than in the three cases aforesaid: and for the
assessing of scutages, we will cause to be summoned the Archbishops,
Bishops, Abbots, Earls, and great Barons, individually, by our
letters.- And besides, we will cause to be summoned in general by
our Sheriffs and Bailiffs, all those who hold of us in chief, at a
certain day, that is to say at the distance of forty days, (before
their meeting,) at the least, and to a certain place; and in all the
letters of summons, we will express the cause of the summons: and the
summons being thus made, the business shall proceed on the day
appointed, according to the counsel of those who shall be present,
although all who had been summoned have not come.
(15) We will not give leave to any one, for the future, to take an
aid of his own free-men, except for redeeming his own body, and for
making his eldest son a knight, and for marrying once his eldest
daughter; and not that unless it be a reasonable aid.
(16) None shall be compelled to do more service for a
Knight's-Fee, nor for any other free tenement, than what is due from
thence.
(17) Common Pleas shall not follow our court, but shall be held in
any certain place.
(18) Trials upon the Writs of Novel Disseisin, Of Mort d'Ancestre
(death of the ancestor), and Darrien Presentment (last
presentation), shall not be taken but in their proper counties, and in
this manner:- We, or our Chief Justiciary, if we are out of the
kingdom, will send two Justiciaries into each county, four times in
the year, who, with four knights of each county, chosen by the county,
shall hold the aforesaid assizes, within the county on the day, and at
the place appointed.
(19) And if the aforesaid assizes cannot be taken on the day of
the county-court, let as many knights and freeholders, of those who
were present at the county-court remain behind, as shall be sufficient
to do justice, according to the great or less importance of the
business.
(20) A free-man shall not be fined for a small offence, but only
according to the degree of the offence; and for a great delinquency,
according to the magnitude of the delinquency, saving his contenement:
a Merchant shall be fined in the same manner, saving his
merchandise, and a villain shall be fined after the same manner,
saving to him his Wainage, if he shall fall into our mercy; and none
of the aforesaid fines shall be assessed, but by the oath of honest
men of the vicinage.
(21) Earls and Barons shall not be fined but by their Peers, and
that only according to the degree of their delinquency.
(22) No Clerk shall be fined for his lay-tenement, but according
to the manner of the others as aforesaid, and not according to the
quantity of his ecclesiastical benefice.
(23) Neither a town nor any person shall be compelled to build
bridges or embankments, excepting those which anciently, and of right,
are bound to do it.
(24) No Sheriff, Constable, Coroners, nor other of our Bailiffs,
shall hold pleas of our crown.
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