Magna
Charta
OR
The
Great
Charter
made
in
the
9th
year
of
King
Henry
the
3d
,
and
confirmed
by
King
Edward
the
1st
in
the
28th
Year
of
his
Reign
.
Edward
,
by
the
Grace
of
God
,
King
of
England
,
Lord
of
Ireland
,
and
Duke
of
Guyan
,
to
all
Arch-Bishops
,
&c.
WEe
have
seen
the
Great
Charter
of
the
Lord
Henry
,
sometime
King
of
England
,
our
Father
,
of
the
Liberties
of
England
,
in
these
Words
:
Henry
,
by
the
Grace
of
God
,
King
of
England
,
Lord
of
Ireland
,
and
Duke
of
Normandy
and
Guyan
,
and
Earl
of
Anjoy
;
To
all
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barrons
,
Sheriffs
,
Provists
,
Officers
,
and
to
all
Bayliffs
,
and
other
our
faithful
Subjects
,
which
shall
see
this
present
Charter
,
greeting
;
Know
ye
,
that
we
,
unto
the
Honour
of
Almighty
God
,
and
for
the
Salvation
of
the
Souls
of
our
Progenitors
and
Successors
,
Kings
of
England
,
to
the
Advancement
of
holy
Church
,
and
Amendment
of
our
Realm
,
of
our
meer
and
Free-will
,
have
Given
and
Granted
to
all
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barrons
,
and
to
all
Free-men
of
this
our
Realm
,
these
Liberties
following
,
to
be
kept
in
our
Kingdom
of
England
forever
.
CHAP.
I.
A
Confirmation
of
Liberties
.
1st
,
WE
have
granted
to
God
,
and
by
this
our
present
Charter
,
have
Confirmed
for
us
,
and
our
Heirs
forever
,
That
the
Church
of
England
shall
be
free
,
and
shall
have
all
her
whole
Rights
and
Liberties
inviolably
.
(
2.
)
We
have
granted
also
,
and
Given
to
all
the
Free-men
of
our
Realm
,
for
us
,
and
our
Heirs
forever
,
these
Liberties
under-written
,
to
Have
,
and
to
Hold
to
them
and
their
Heirs
forever
.
CHAP.
II
.
The
Relief
of
the
King's
Tenant
of
full
Age
.
IF
any
of
our
Earls
or
Barrons
,
or
any
other
which
hold
of
us
in
chief
,
by
Knights
Service
,
dye
,
and
at
the
time
of
his
Death
,
his
Heir
be
of
full
age
,
and
oweth
his
Relief
,
he
shall
have
his
Inheritance
by
the
old
Relief
,
that
is
to
say
,
The
Heir
,
or
Heirs
of
an
Earl
,
for
a
whole
Earldom
,
one
hundred
Pounds
;
the
Heir
,
or
Heirs
of
a
Barron
,
for
a
whole
Barrony
,
by
one
hundred
Marks
;
the
Heir
,
or
Heirs
of
a
Knight
,
for
one
whole
Knights
Fee
,
one
hundred
Shillings
at
the
most
;
and
he
that
hath
less
,
shall
give
less
,
according
to
the
old
Custom
of
the
Fees
.
CHAP.
III
.
The
Wardship
of
an
Heir
within
Age
,
the
Heir
a
Knight
.
BUt
if
the
Heir
of
any
such
be
within
Age
,
his
Lord
shall
not
have
the
Ward
of
him
,
nor
of
his
Land
,
before
that
he
hath
taken
of
him
Homage
.
(
2.
)
And
after
that
such
an
Heir
hath
been
in
Ward
(
when
he
is
come
to
full
Age
)
that
is
to
say
,
to
the
Age
of
one
and
twenty
years
,
he
shall
have
his
Inheritance
without
Relief
,
and
without
time
,
so
that
if
such
an
Heir
being
within
Age
,
be
made
Knight
,
yet
nevertheless
,
his
Land
shall
remain
in
the
keeping
of
his
Lord
,
unto
the
term
aforesaid
.
CHAP.
IV
.
No
waste
shall
be
made
by
a
Guardian
in
Wards
Lands
.
THe
keeper
of
the
Land
,
of
such
an
Heir
being
within
Age
,
shall
not
take
of
the
Lands
of
the
Heir
but
Reasonable
Issues
,
Reasonable
Customs
,
and
Reasonable
Services
,
and
that
without
destruction
and
waste
of
his
Men
and
his
Goods
.
(
2.
)
And
if
we
commit
the
Custody
of
any
such
Land
to
the
Sheriff
,
or
any
other
which
is
answerable
to
us
for
the
Issues
of
the
same
Lands
,
and
he
make
destruction
or
waste
of
those
things
that
he
hath
in
Custody
,
we
will
take
of
him
Amends
and
Recompence
therefore
.
(
3.
)
And
the
Lands
shall
be
committed
to
two
lawful
and
discreet
men
of
that
Fee
,
which
shall
answer
unto
us
for
the
Issues
of
the
same
Land
,
or
unto
him
whom
we
will
Assign
.
(
4.
)
And
if
we
give
or
sell
to
any
man
the
Custody
of
any
such
Land
,
and
he
there
do
make
destruction
or
waste
,
he
shall
lose
the
same
Custody
,
and
it
shall
be
assigned
to
two
lawful
and
discreet
men
of
that
Fee
;
which
also
in
like
manner
shall
be
answerable
to
us
,
as
afore
is
said
.
CHAP.
V.
Guardians
shall
maintain
the
Inheritance
of
their
Wards
,
and
of
Bishopricks
.
THe
Keeper
,
so
long
as
he
hath
the
Custody
of
the
Land
of
such
Heir
,
shall
keep
up
the
Houses
,
Parks
,
Warrens
,
Ponds
,
Mills
,
and
other
things
pertaining
to
the
same
Land
,
with
the
Issues
of
the
said
Land
:
and
he
shall
deliver
to
the
Heir
▪
when
he
cometh
to
full
Age
,
all
his
Land
,
stored
with
Ploughs
,
and
all
other
things
,
at
the
least
as
he
received
it
;
all
these
things
shall
be
observed
in
the
Custody
of
Arch-Bishopricks
,
Bishopricks
,
Abbies
,
Priors
,
Churches
,
and
Dignities
vacant
,
which
appertain
to
us
;
except
this
,
that
such
Custody
shall
not
be
sold
.
CHAP.
VI
.
Heirs
shall
be
Married
without
Disparagement
.
CHAP.
VII
.
A
Widdow
shall
have
her
Marriage
Inheritance
,
and
Quarentine
:
the
King's
Widdow
.
A
Widdow
,
after
the
death
of
her
Husband
,
incontinent
,
and
without
any
difficulty
,
shall
have
her
Marriage
,
and
her
Inheritance
.
(
●
.
)
And
shall
give
nothing
for
her
Dower
,
her
Marriage
,
or
her
Inheritance
,
which
her
Husband
and
she
held
the
day
of
the
Death
of
her
Husband
.
(
3.
)
And
she
shall
tarry
in
the
Chief
House
of
her
Husband
by
forty
dayes
after
the
Death
of
her
Husband
,
within
which
dayes
her
Dower
shall
be
Assigned
her
(
if
it
were
not
assigned
her
before
)
or
that
the
House
be
a
Castle
.
(
4.
)
And
if
she
depart
from
the
Castle
,
then
a
Competent
House
shall
be
forth-with
provided
for
her
,
in
the
which
she
may
honestly
dwell
,
until
her
Dower
be
to
her
assigned
,
as
it
is
aforesaid
;
and
she
shall
have
in
the
mean
time
her
reasonable
Estovers
of
the
Common
.
(
5.
)
And
for
her
Dower
,
shall
be
assigned
unto
her
the
third
part
of
all
the
Lands
of
her
Husband
,
which
were
his
during
Coverture
,
except
she
were
endowed
of
less
at
the
Church-Door
.
(
6.
)
No
Widdow
shall
be
distrained
to
marry
her self
;
nevertheless
she
shall
find
surety
that
she
shall
not
marry
without
our
Lisence
and
assent
(
if
she
hold
of
us
)
nor
without
the
assent
of
the
Lord
,
if
she
hold
of
another
.
CHAP.
VIII
.
How
Sureties
shall
be
charged
to
the
King
.
WE
or
our
Bailiffs
,
shall
not
seize
any
Lands
or
Rents
for
any
Debt
,
as
long
as
present
Goods
and
Chattels
of
the
Debtor
do
suffice
to
pay
the
Debt
,
and
the
Debtor
himself
be
ready
to
satisfie
therefore
.
(
2.
)
Neither
shall
the
Pledges
of
the
Debtor
be
distrained
,
as
long
as
the
Debt
.
(
3.
)
And
if
the
principal
Debtor
fail
in
the
payment
of
the
Debt
,
having
nothing
wherewith
to
pay
,
or
will
not
pay
when
he
is
able
,
the
Pledges
shall
answer
the
Debt
.
(
4
)
And
if
they
will
,
they
shall
have
the
Lands
and
Rent
of
the
Debtor
,
until
they
be
satisfied
of
that
which
they
before
paid
for
him
,
except
that
the
Debtor
can
shew
himself
to
be
acquitted
against
the
said
Sureties
.
CHAP.
IX
.
The
Liberties
of
London
,
and
other
Cities
and
Towns
confirmed
.
THe
City
of
London
shall
have
all
the
old
Liberties
&
Customs
which
it
hath
been
used
to
have
:
moreover
,
we
Will
and
Grant
,
that
all
other
Cities
,
and
Burroughs
,
Towns
,
and
the
Barrons
of
the
five
Ports
,
and
all
other
Ports
,
shall
have
all
their
Liberties
and
free
Customs
.
CHAP.
X.
None
shall
distrain
for
more
Service
than
is
due
.
NO
man
shall
be
distrained
to
do
more
Service
then
is
due
for
a
Knights
Fee
,
nor
for
any
Free-holder
than
therefore
is
due
.
CHAP.
XI
.
Common-Pleas
shall
not
follow
the
King's
Court
.
COmmon-Pleas
shall
not
follow
our
Court
,
but
shall
be
holden
in
some
place
certain
.
CHAP.
XII
.
Where
,
and
before
whom
Assizes
shall
be
taken
,
Adjornments
for
difficulty
.
ASsizes
of
Novel
Disseisin
,
and
of
Martdancesters
,
shall
not
be
taken
,
but
in
the
Shires
,
and
after
this
manner
,
if
we
be
out
of
this
Realm
,
our
Chief
Justices
shall
send
our
Justices
through
every
County
once
in
the
Year
,
which
with
the
Knights
of
the
Shire
,
shall
take
the
said
Assizes
in
those
Counties
(
2.
)
And
those
things
that
at
the
coming
of
our
afore-said
Justices
,
being
sent
to
take
those
Assizes
in
the
Counties
,
cannot
be
determined
,
shall
be
ended
by
them
in
some
other
place
in
their
Circuit
.
(
3.
)
And
those
things
which
for
difficulty
of
some
Articles
,
cannot
be
determined
by
them
,
shall
be
refered
to
our
Justices
of
the
Bench
,
and
there
shall
be
ended
.
CHAP.
XIII
.
Assizes
of
Darreign
Presentments
.
ASsizes
of
Darreign
Presentments
,
shall
be
alwayes
taken
before
our
Justices
of
the
Bench
,
and
there
shall
be
determined
.
CHAP.
XIV
.
How
men
of
all
sorts
shall
be
amerced
,
and
by
whom
.
A
Free-man
shall
not
be
amerced
for
a
small
Fault
,
but
after
the
manner
of
the
Fault
;
and
for
a
great
Fault
,
after
the
greatness
thereof
,
saving
to
him
his
Contenements
.
(
2.
)
And
a
Merchant
likewise
,
saving
to
him
his
Merchandize
,
and
any
other
Alien
than
ours
shall
be
likewise
amerced
,
saving
his
Wainage
,
if
he
fall
into
our
mercy
.
(
4.
)
And
none
of
the
said
Amercements
shall
be
assessed
,
but
by
the
Oath
of
honest
and
lawful
men
of
the
Vicinage
.
(
5
)
Earls
and
Barrons
shall
not
be
Amerced
,
but
by
their
Peers
,
and
after
the
manner
of
their
Offence
.
(
6.
)
No
man
of
the
Church
shall
be
amerced
after
the
quantity
of
his
Spiritual
Benefice
,
but
after
his
Lay
Tenements
,
and
after
the
quantity
of
his
Offence
.
CHAP.
XV
.
Making
of
Bridges
and
Banks
.
NO
Town
,
nor
Free-man
shall
be
distrained
to
make
Bridges
nor
Banks
,
but
such
as
of
old
time
,
and
of
Right
have
been
accustomed
to
make
them
in
the
time
of
King
Henry
our
Grand-Father
.
CHAP.
XVI
.
Defending
of
Banks
.
NO
Banks
shall
be
defended
from
henceforth
,
but
such
as
were
in
Defence
in
the
time
of
King
Henry
our
Grand-Father
,
by
the
same
Places
,
and
the
same
Bounds
as
they
were
wont
to
be
in
his
time
.
CHAP.
XVII
.
Holding
Pleas
of
the
Crown
.
NO
Sheriff
,
Constable
,
Escheator
,
Corroner
,
nor
any
other
our
Bayliffs
,
shall
hold
Pleas
of
our
Crown
.
CHAP.
XVIII
.
The
Kings
Debtor
dying
,
the
King
shall
be
first
paid
.
IF
any
that
holdeth
of
us
Lay-fee
,
do
dye
,
and
our
Sheriff
or
Bailiff
do
shew
our
Letters
Pattents
of
our
Summons
for
Debt
,
which
the
dead
man
did
owe
to
us
;
It
shall
be
lawful
to
our
Sheriff
or
Bayliff
,
to
Attach
and
Inroll
all
the
Goods
and
Chattels
of
the
Dead
,
being
found
in
the
said
Fee
,
to
the
value
of
the
same
Debt
,
by
the
sight
and
Testimony
of
Lawful
men
,
so
that
nothing
thereof
be
taken
away
,
until
we
be
clearly
paid
off
the
Debt
.
(
2.
)
And
the
residue
shall
remain
to
the
Executors
,
to
perform
the
Testament
of
the
Dead
.
(
3.
)
And
if
nothing
be
owing
to
us
,
all
the
Chattels
shall
go
to
the
use
of
the
Dead
(
saving
to
his
Wife
and
Children
the
reasonable
parts
.
)
CHAP.
XIX
.
Purveyance
for
a
Castle
.
NO
Constable
,
nor
his
Bayliff
,
shall
take
Corn
,
or
other
Chattels
,
of
any
man
,
if
the
man
be
not
of
the
Town
where
the
Castle
is
,
but
he
shall
forth-with
pay
for
the
same
,
unless
that
the
Will
of
the
Seller
was
to
respit
the
Payment
.
(
2.
)
And
if
he
be
of
the
same
Town
,
the
Price
shall
be
paid
unto
him
within
the
forty
dayes
.
CHAP.
XX
.
Doing
of
Castle-Ward
.
NO
Constable
shall
distrain
any
Knight
for
to
give
Money
for
keeping
his
Castle
,
if
he
himself
will
do
it
in
his
proper
Person
,
or
cause
it
to
be
done
by
another
sufficient
man
,
if
he
may
not
do
it
himself
,
for
a
reasonable
cause
.
(
2
)
And
if
we
do
lead
or
send
him
in
an
Army
,
he
shall
be
free
from
Castle-Ward
,
for
the
time
that
he
shall
be
with
us
in
Fee
in
our
Host
,
for
the
which
he
hath
done
Service
in
our
Wars
.
CHAP.
XXI
.
Taking
of
Horses
,
Carts
,
and
Woods
.
NO
Sheriff
nor
Bayliff
of
ours
,
nor
any
other
,
shall
take
the
Horses
or
Carts
of
any
man
to
make
Carriage
,
except
he
pay
the
old
Price
hinted
,
that
is
to
say
,
for
Carriage
with
two
Horses
,
10
d
.
a
day
,
for
three
Horses
14
d
.
a
day
.
(
2.
)
No
Demesne
Court
of
any
spiritual
Person
or
Knight
,
or
any
Lord
,
shall
be
taken
by
our
Bayliffs
.
(
3.
)
Nor
we
,
nor
our
Bayliffs
,
nor
any
other
,
shall
take
any
mans
Woods
for
our
Castles
,
or
other
our
Necessaries
,
to
be
done
by
Licence
of
him
whose
the
Wood
is
.
CHAP.
XXII
.
How
long
Fellons
Lands
shall
be
holden
by
the
King
.
WE
will
not
hold
the
Lands
of
them
that
are
convict
of
Fellony
,
but
one
Year
and
one
Day
,
and
then
those
Lands
shall
be
delivered
to
the
Lords
of
the
Fee
.
CHAP.
XXIII
.
In
what
place
Wears
shall
be
put
down
.
ALl
Wears
from
henceforth
shall
be
utterly
put
down
by
Thames
and
Midway
,
and
through
all
England
,
but
only
the
Sea-Coast
.
CHAP.
XXIV
.
In
what
Case
a
Precipe
in
Capite
is
not
grantable
.
THe
Writ
that
is
called
Precipe
in
Capite
is
not
grantable
from
henceforth
to
no
Person
of
any
Free-hold
,
whereby
any
Free-man
may
lose
his
Court
.
CHAP.
XXV
.
There
shall
be
but
one
Measure
throughout
the
Realm
ONe
Measure
of
Wine
shall
be
through
our
Realm
,
and
one
Measure
of
Ale
,
and
Measure
of
Corn
,
that
is
to
say
,
the
Quarter
of
London
.
(
2.
)
And
one
Breadth
of
dyed
Cloth
,
Russets
,
and
Habersects
,
that
is
to
say
,
two
Yards
within
the
Lists
.
(
3.
)
And
it
shall
be
of
Weights
as
it
is
of
Measures
.
CHAP.
XXVI
.
Inquisition
of
Life
and
Member
.
NOthing
henceforth
shall
be
given
for
a
Writ
of
Inquisition
,
nor
taken
of
him
that
prayeth
Inquisition
of
Life
,
or
of
Member
,
but
it
shall
be
granted
freely
,
and
not
denyed
.
CHAP.
XXVII
.
Tenure
of
the
King
in
Socage
,
and
of
another
by
Knights
Service
,
petty
Serjeantry
.
IF
any
do
hold
of
us
by
free
Farm
,
or
by
Socage
or
Bargage
,
and
he-holdeth
Lands
of
another
by
Knights
Service
,
we
will
not
have
the
Custody
of
his
Heir
,
nor
of
his
Land
,
which
is
holden
of
the
Fee
of
another
,
by
reason
of
that
free
Farm
,
Socage
or
Bargage
.
(
2.
)
Neither
will
we
have
the
Custody
of
such
Fee
,
Farm
or
Socage
,
or
Bargage
,
except
Knights
Service
be
due
unto
us
out
of
the
same-free
Farm
.
(
4.
)
We
will
not
have
the
Custody
of
the
Heir
,
or
of
any
Land
by
occasion
of
any
petty
Serjeantry
,
that
any
man
holdeth
of
us
by
Service
,
to
pay
a
Knife
,
Arrow
or
the
like
.
CHAP.
XXVIII
.
Wager
of
Law
shall
not
be
without
Witness
.
NO
Bayliff
from
henceforth
shall
put
any
man
to
his
open
Law
,
nor
to
an
Oath
,
upon
his
own
bare
saying
,
without
faithful
Witnesses
brought
in
for
the
same
.
CHAP.
XXIX
.
None
shall
be
condemned
without
Tryal
:
Justice
shall
not
be
sold
or
desered
.
NO
Free-man
shall
be
taken
or
imprisoned
,
or
be
disseized
of
his
Free-hold
,
or
Liberties
,
or
free
Customs
,
or
be
out-law'd
or
exiled
,
or
any
otherwise
destroyed
;
nor
we
will
not
pass
upon
him
,
nor
condemn
him
,
but
by
lawful
judgment
of
his
Peers
,
or
by
Law
of
the
Land
.
(
2.
)
We
will
sell
to
no
man
,
we
will
not
deny
or
defer
to
any
man
either
Justice
or
Right
.
CHAP.
XXX
.
Merchant
strangers
,
coming
into
this
Realm
,
shall
be
well
used
.
ALL
Merchants
,
(
if
they
were
not
openly
prohibited
before
)
shall
have
their
safe
and
sure
Conduct
to
depart
out
of
England
,
as
to
come
into
England
,
to
tarry
in
and
go
through
England
,
as
well
by
Land
as
by
Sea
,
to
buy
and
sell
without
any
manner
of
evil
Tools
,
by
the
old
and
rightful
Customs
,
except
in
time
of
War
.
(
2.
)
And
if
they
be
of
a
Land
making
war
against
us
,
and
be
found
in
our
Realm
at
the
beginning
of
the
Wars
,
they
shall
be
attached
,
without
harm
of
Body
and
Goods
,
until
all
be
known
unto
us
,
or
our
chief
Justice
,
how
our
Merchants
be
intreated
there
in
the
Land
making
war
against
us
.
(
3.
)
And
if
our
Merchants
be
well
intreated
there
,
theirs
shall
be
likewise
with
us
.
CHAP.
XXXI
.
Tenure
of
a
Barrony
coming
into
the
Kings
hand
by
Escheat
.
IF
any
man
hold
of
any
Escheats
,
as
of
the
honour
of
Wallingford
,
Nottingham
,
Boloin
,
or
of
any
other
Escheats
,
which
be
in
our
hand
and
our
Barronys
,
and
dye
,
his
Heir
shall
give
none
other
Relief
,
nor
do
none
other
Service
to
Us
,
than
he
should
have
done
to
the
Barron
,
if
it
had
been
in
the
Barrons
hands
.
(
2.
)
And
we
in
the
same
wise
should
hold
it
as
the
Barron
held
it
,
neither
shall
we
have
the
occasion
of
any
Barron
of
or
Escheat
,
any
Escheat
,
or
keeping
of
any
of
our
men
,
unless
he
that
held
the
Barrony
or
Escheat
,
otherwise
held
of
us
in
Chief
.
CHAP.
XXXII
.
Lands
shall
not
be
aliened
to
the
Prejudice
of
the
Lords
Service
.
NO
Free-man
from
henceforth
shall
give
or
sell
any
more
of
his
Land
,
but
so
,
that
the
residue
of
the
Lands
the
Lord
of
the
Fee
may
have
the
service
due
to
him
,
which
belongeth
to
the
Fee
.
CHAP.
XXXIII
.
Patrons
of
Abbies
shall
have
the
Custody
of
them
in
time
of
Vocation
.
ALl
Patrons
of
Abbies
which
have
the
Kings
Charter
of
England
,
of
Advowson
,
or
have
old
Tenure
or
Possession
of
the
same
,
shall
have
the
Custody
of
them
when
they
fall
void
,
as
it
hath
been
accustomed
,
and
as
it
is
afore
declared
.
CHAP.
XXXIV
.
In
what
only
case
a
Woman
shall
have
an
Appeal
of
Death
.
NO
man
shall
be
taken
or
imprisoned
upon
the
appeal
of
a
Woman
,
for
the
death
of
any
other
than
her
Husband
.
CHAP.
XXXV
.
At
what
time
shall
be
kept
a
County
Court
,
Sheriffs
Turn
and
Leet
.
NO
Country
from
henceforth
shall
be
holden
but
from
Moneth
to
Moneth
;
and
where
greater
time
hath
been
used
,
there
shall
be
greater
(
2.
)
Nor
any
Sheriff
or
his
Bayliff
shall
keep
his
Turn
in
the
Hundred
but
twice
in
the
year
,
and
no
where
but
in
due
place
,
and
accustomed
,
that
is
to
say
,
once
after
Easter
,
and
again
after
the
Feast
of
St.
Michael
,
without
occasion
.
So
that
every
man
hath
his
Liberties
which
he
had
,
or
used
to
have
in
the
time
of
King
Henry
,
our
Grandfather
,
or
which
he
purchased
since
.
(
4.
)
The
view
of
Frank-pledge
shall
be
so
done
,
that
so
our
Peace
may
be
kept
.
(
5.
)
And
that
the
Tything
be
wholly
kept
,
as
it
hath
been
accustomed
.
(
6
)
And
that
the
Sheriff
seek
no
occasions
,
and
that
he
be
content
with
so
much
as
the
Sheriff
was
wont
to
have
for
his
Viewmaking
in
the
time
of
King
Henry
our
Grandfather
.
CHAP.
XXXVI
.
No
Land
shall
be
given
in
Mortmane
.
IT
shall
not
be
lawful
from
henceforth
,
to
any
,
to
give
his
Lands
to
any
Religious
House
,
and
to
take
the
same
Land
again
to
hold
of
the
same
House
;
nor
shall
it
be
lawful
to
any
House
of
Religion
to
take
the
Lands
of
any
,
and
to
lease
the
same
to
him
of
whom
he
received
it
:
If
any
from
henceforth
give
his
Lands
to
any
Religious
House
,
and
thereupon
be
convict
,
the
gift
shall
be
utterly
void
,
and
the
Land
shall
accrew
to
the
Lord
of
the
Fee
.
CHAP.
XXXVII
.
●
Subsidy
in
respect
of
this
Charter
,
and
the
Charter
of
the
Forrest
,
granted
to
the
King
.
EScuage
from
henceforth
shall
be
taken
,
like
as
it
was
wont
to
be
in
the
time
of
King
Henry
,
our
Grand-father
,
reserving
to
all
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Templers
,
Hospitalers
,
Earls
,
Barrons
,
and
all
Persons
,
as
well
Spiritual
as
Temporal
,
all
their
free
Liberties
and
free
Customs
,
which
they
have
had
in
times
past
.
(
2.
)
And
all
these
Customs
and
Liberties
aforesaid
,
which
we
have
granted
to
be
holden
within
this
our
Realm
,
as
well
spiritual
as
Temporal
,
to
Us
and
our
Heirs
,
We
shall
observe
.
(
3.
)
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
likewise
.
(
4.
)
And
for
this
our
Gift
and
Grant
of
these
Liberties
,
and
of
others
contained
in
our
Charter
of
Liberties
of
Our
Forrest
,
the
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barrons
,
Knights
,
Free-holders
,
and
other
our
Subjects
,
have
given
unto
us
the
fifteenth
part
of
all
their
Moveables
.
(
5.
)
And
neither
We
nor
Our
Heirs
shall
procure
or
do
any
thing
whereby
the
Liberties
,
in
this
Charter
contained
,
shall
be
infringed
or
broken
.
(
6.
)
And
if
any
thing
be
procured
by
any
Person
,
contrary
to
the
Premises
,
it
shall
be
had
of
no
force
nor
effect
,
those
being
Witnesses
,
Lord
B.
Arch-Bishop
of
Canterbury
,
E.
Bishop
of
London
,
&c.
We
ratifying
and
approving
these
Gifts
and
Gra●●●
aforesaid
,
Confirm
and
make
strong
all
the
sam●
for
Us
and
Our
Heirs
perpetually
.
And
by
th●
tenure
of
these
presents
do
renew
the
same
,
willing
and
granting
for
us
and
our
Heirs
,
that
thi●
Charter
,
and
all
and
singular
his
Articles
,
forever
shall
be
stedfastly
,
firmly
and
inviolably
observed
.
In
Witness
whereof
we
have
caused
these
our
Letters
Pattents
to
be
made
,
T.
Edward
,
our
Son
at
Westminster
the
twenty
eighth
day
of
March
,
in
the
twenty
eighth
year
of
our
Reign
.
The
COMMENT
on
Magna
CHARTA
.
THis
excellent
Law
holds
the
first
place
in
our
Statute
Books
,
for
though
there
were
,
no
doubt
,
many
Acts
of
Parliament
long
before
this
,
yet
they
are
not
now
extant
;
't
is
called
Magna
Charta
,
or
the
great
Charter
,
not
in
respect
of
its
bulk
,
but
in
regard
of
the
great
importance
and
weight
of
the
matters
therein
contained
;
it
is
also
stiled
,
Charta
Libertatum
Regni
,
The
Charter
of
the
Liberties
of
the
Kingdom
;
And
upon
great
Reason
(
saith
Cook
in
his
Proem
)
is
so
called
,
from
the
effect
,
quia
Liberus
facit
,
because
it
makes
and
preserves
the
People
free
.
Though
it
run
in
the
stile
of
the
King
,
as
a
Charter
,
yet
(
as
my
L.
Cook
well
observes
on
the
38
chap.
)
it
appears
to
have
passed
in
Parliament
;
for
there
was
then
a
fifteenth
granted
to
the
King
by
the
Bishops
,
Earls
,
Barrons
,
free
Tenants
and
People
,
which
could
not
be
,
but
in
Parliament
,
nor
was
it
unusual
in
those
times
to
have
Acts
of
Parliament
in
a
form
of
a
Charter
,
as
you
may
read
in
the
Princes
Case
,
Coo
.
Rep.
l.
8.
Likewise
,
though
it
be
said
here
,
That
the
King
hath
given
and
granted
these
Liberties
,
yet
they
must
not
be
understood
as
meer
Emanations
of
Royal
favour
,
or
new
Bounties
granted
,
which
the
People
could
not
justly
challange
,
or
had
not
a
right
unto
before
;
for
the
Lord
Cook
in
divers
places
asserts
,
and
all
Lawyers
know
,
that
this
Charter
is
for
the
most
part
only
Declaratory
of
the
principal
ground
of
the
Fundamental
Laws
and
Liberties
of
England
;
No
new
Freedom
is
hereby
granted
,
but
a
Restitution
of
such
as
lawfully
they
had
before
,
and
to
free
them
of
what
had
been
usurped
and
encroached
upon
them
by
any
Power
whatsoever
;
and
therefore
you
may
see
this
Charter
often
mentions
sua
jura
,
their
Rights
and
Liberties
,
which
shews
they
had
them
before
,
and
that
the
same
now
were
confirmed
.
As
to
the
occasion
of
this
Charter
,
it
must
be
noted
,
that
our
Ancestors
,
the
Saxons
,
had
with
a
most
equal
poize
and
Temperament
,
very
wisely
contrived
their
Government
,
and
made
excellent
Provisions
for
their
Liberties
,
and
to
preserve
the
People
from
Oppression
;
and
when
William
,
the
Norman
,
made
himself
Master
of
the
Land
,
though
he
be
commonly
called
the
Conqueror
,
yet
in
truth
he
was
not
so
,
and
I
have
known
several
Judges
that
would
reprehend
any
Gentleman
at
the
Bar
that
casually
gave
him
that
Title
;
for
though
he
killed
Harreld
the
Usurper
,
and
routed
his
Army
,
yet
he
pretended
a
right
to
the
Kingdom
,
and
was
admitted
by
compact
,
and
did
take
an
Oath
to
observe
the
Laws
and
Customs
.
But
the
truth
is
,
he
did
not
perform
that
Oath
so
as
he
ought
to
have
done
,
&
his
Successor
William
Rufus
,
King
Stephen
,
Henry
the
1st
&
Richard
likewise
made
frequent
encroachments
upon
the
Liberties
of
their
People
;
but
especially
King
John
made
use
of
so
many
illegal
devices
to
drain
them
of
Money
,
that
wearied
with
intollerable
Oppressions
,
they
resolved
to
oblige
the
King
to
grant
them
their
Liberties
,
and
promise
the
same
should
be
observed
,
which
King
John
did
in
Running-Mead
between
Saints
and
Windsor
,
by
two
Charters
,
one
called
,
Charta
Libertatum
,
The
Charter
of
Liberties
(
the
form
of
which
you
may
read
in
Matthew
Paris
,
fol.
246.
and
is
in
effect
the
same
with
this
here
recited
)
the
other
,
The
Charter
of
the
Forrest
,
Copies
of
which
he
sent
into
every
County
,
and
commandeth
the
Sheriff
,
&c.
to
see
them
fulfilled
.
But
by
ill
Council
he
quickly
after
began
to
violate
them
as
much
as
ever
,
whereupon
Disturbances
and
great
Miseries
arose
,
both
to
himself
and
the
Realm
.
The
Son
and
Successor
of
this
King
John
,
was
Henry
the
third
,
who
in
the
19th
Year
of
his
Reign
,
renewed
and
confirmed
the
said
Charters
;
but
within
two
Years
after
cancelled
them
by
the
pernicious
Advice
of
his
Favourites
,
perticularly
Hubert
de
Burgh
,
whom
he
had
made
Lord
chief
Justice
;
one
that
in
former
times
had
been
a
great
lover
of
his
Country
,
and
a
well-deserving
Patriat
,
as
well
as
learned
in
the
Laws
,
but
now
to
make
this
a
step
to
his
Ambition
(
which
ever
Rideth
without
Reins
)
perswaded
and
humoured
the
King
,
that
he
might
avoid
the
Charters
of
his
Father
King
John
,
by
Duress
,
and
his
own
Great
Chatrer
,
and
Charta
de
Foresta
also
,
for
that
he
was
within
Age
,
when
he
granted
the
same
;
whereupon
the
King
in
the
eleventh
Year
of
his
Reign
,
being
then
of
full
Age
,
got
one
of
the
Great
Charters
,
and
of
the
Forrest
into
his
Hands
,
and
by
the
Counsel
principally
of
this
Hubert
his
Chief
Justice
,
at
a
Council
holden
at
Oxford
,
unjustly
cancelled
both
the
said
Charters
,
notwithstanding
the
said
Hubert
de
Burgh
was
the
Primary
Witness
of
all
Temporal
Lords
to
both
the
said
Charters
)
whereupon
he
became
in
high
favour
with
the
King
,
insomuch
that
he
was
soon
after
(
viz.
the
10th
of
December
,
in
the
13th
●ear
of
that
King
)
created
(
to
the
highest
Dignity
that
in
those
times
a
Subject
had
)
to
be
an
Earl
,
viz.
of
Kent
:
But
soon
after
(
for
Flatterers
&
Humorists
have
no
sure
foundation
)
he
fell
into
the
King's
heavy
Indignation
,
and
after
many
fearful
and
miserable
Troubles
,
he
was
justly
,
and
according
to
Law
,
sentenced
by
his
Peers
in
an
open
Parliament
,
and
justly
degraded
of
that
Dignity
,
which
he
unjustly
had
obtained
by
his
Counsel
,
for
cancelling
of
Magna
Charta
,
and
Charta
de
Foresta
.
In
the
9th
Chapter
of
this
Great
Charter
,
all
the
Ancient
Liberties
and
Customs
of
London
are
confirmed
and
preserved
,
which
is
likewise
done
by
divers
other
Statutes
,
as
14
Edw
.
3.
Chap.
2.
&c.
The
29th
Chapter
,
NO
FREE-MAN
SHALL
BE
TAKEN
,
&c.
Deserves
to
be
written
in
Letters
of
Gold
;
and
I
have
often
wondred
the
Words
thereof
are
not
Inscribed
in
Capitals
on
all
our
Courts
of
Judicature
,
Town-Halls
,
and
most
publick
Edifices
;
they
are
the
Elixer
of
our
English
Freedoms
,
the
Store-house
of
all
our
Liberties
.
And
because
my
Lord
Cook
in
the
second
part
of
his
Institutes
,
hath
many
excellent
Observations
,
his
very
Words
I
shall
here
Recite
.
This
Chapter
containeth
Nine
several
Branches
.
First
.
That
No
man
be
taken
or
imprisoned
,
but
per
legem
terrae
;
that
is
,
by
the
Common-Law
,
Statute-Law
,
or
Custom
of
England
;
for
these
words
,
per
legem
terrae
,
being
towards
the
end
of
this
Chapter
,
do
refer
to
all
the
precedent
matters
in
this
Chapter
;
and
this
hath
the
first
place
,
because
the
Liberty
of
a
man's
Person
is
more
precions
to
him
,
than
all
the
rest
that
follow
,
and
therefore
it
is
great
Reason
that
he
should
by
Law
be
relieved
therein
,
if
he
be
wronged
,
as
hereafter
shall
be
shewed
.
2dly
.
No
man
shall
be
desseised
;
that
is
,
put
out
of
Seisin
,
or
dispossessed
of
his
Free-hold
,
that
is
,
Lands
or
Livelihood
,
or
of
his
Liberties
,
or
free
Customs
,
that
is
,
of
such
Franchises
and
Freedoms
,
and
free
Customs
as
belong
to
him
,
by
his
free
Birth-right
,
unless
it
be
by
the
the
lawful
Judgment
,
that
is
,
Verdict
of
his
Equals
(
that
is
,
of
men
of
his
own
Condition
)
or
by
the
Law
of
the
Land
,
that
is
(
to
speak
it
once
for
all
)
by
the
due
Course
and
Process
of
Law
.
3dly
.
No
man
shall
be
Out-lawed
,
made
an
Ex
●ex
,
put
out
of
the
Law
,
that
is
,
deprived
of
the
Benefit
of
the
Law
,
unless
he
be
Out-lawed
according
to
the
Law
of
the
Land
.
4thly
.
No
man
shall
be
Exiled
or
Banished
out
of
his
Country
,
that
is
,
nemo
pr●●it
patriam
,
no
man
shall
lose
his
Country
,
unless
he
be
Exiled
according
to
the
Law
of
the
Land
.
5thly
.
No
man
shall
in
any
sort
be
destroyed
,
(
Destruere
id
est
quod
prius
structum
&
factum
fuit
penitus
Evertere
Ex
diruere
)
unless
it
be
by
the
Verdict
of
his
Equals
,
or
according
to
the
Law
of
the
Land
.
6thly
.
No
man
shall
be
condemned
at
the
King's
Suite
,
either
before
the
King
in
his
Bench
,
where
the
Pleas
are
Coram
Rege
(
and
so
are
the
words
,
nec
super
eum
ibimus
,
to
be
understood
)
nor
before
any
other
Commissioner
or
Judge
whatsoever
;
and
so
are
the
words
,
nec
super
eum
Mitimus
,
to
be
understood
,
but
by
the
Judgment
of
his
Peers
,
that
is
,
equals
,
or
according
to
the
Law
of
the
Land
.
7thly
.
We
shall
sell
to
no
man
Justice
or
Right
.
8thly
.
We
shall
deny
to
no
man
Justice
or
Right
.
9thly
.
We
shall
defer
to
no
man
Justice
or
Right
.
Each
of
these
we
shall
briefly
explain
:
1st
;
No
man
shall
be
taken
,
(
that
is
)
restrained
of
Liberty
by
Petition
,
or
suggestion
to
the
King
or
his
Council
,
unless
it
be
by
Indictment
or
Presentment
of
good
and
lawful-men
,
where
such
Deeds
be
done
.
This
Branch
,
and
divers
other
parts
of
this
Act
,
have
been
notably
Explained
and
Construed
by
divers
Acts
of
Parliament
.
2dly
;
No
man
shall
be
Disseised
,
&c.
Hereby
is
intended
that
Lands
,
Tenements
,
Goods
and
Chattels
,
shall
not
be
seised
into
the
King's
hands
contrary
to
this
Great
Charter
,
and
the
Law
of
the
Land
;
nor
any
man
shall
be
disseised
of
his
Lands
or
Tenements
,
or
dispossessed
of
his
Goods
or
Chattels
,
contrary
to
the
Law
of
the
Land
.
A
Custom
was
alledged
in
the
Town
of
C.
that
if
the
Tenant
cease
by
two
Years
,
that
the
Lord
should
enter
into
the
Freehold
of
the
Tenant
,
and
hold
the
same
until
he
were
satisfied
of
the
Arrearages
.
It
was
adjudged
a
Custom
against
the
Law
of
the
Land
,
to
enter
into
a
mans
Freehold
in
that
case
,
without
Action
or
Answer
.
King
Henry
the
6th
,
granted
to
the
Corporation
of
Dyers
within
London
,
Power
to
search
,
&c.
And
if
they
found
any
Cloth
dyed
with
Log-Wood
,
that
the
Cloth
should
be
forseit
.
And
it
was
adjudged
,
that
this
Charter
concerning
the
Forfeiture
,
was
against
the
Law
of
the
Land
,
and
this
Statute
;
for
no
Forfeiture
can
grow
by
Letters
Pattents
.
No
man
ought
to
be
put
from
his
Livelihood
,
without
Answer
.
3dly
,
[
No
man
Out-lawed
]
that
is
,
barred
to
have
the
benefit
of
the
Law
.
And
note
,
to
this
word
Out-lawed
,
these
words
,
unless
by
the
Law
of
the
Land
,
do
refer
[
of
his
Liberties
:
]
This
word
hath
three
Significations
.
1st
,
As
it
hath
been
said
,
it
signifieth
the
Laws
of
the
Realm
,
in
which
respect
this
Charter
is
called
Charta
Libertatum
,
as
afore-said
.
2dly
,
It
signifieth
The
Freedom
the
Subjects
of
England
have
:
for
example
,
the
company
of
Merchant-Taylors
of
England
,
having
power
by
their
Charter
to
make
Ordinances
,
made
an
Ordinance
,
That
every
Brother
of
the
same
Society
should
put
the
one
half
of
his
Cloaths
to
be
dressed
by
some
Cloath-worker
free
of
the
same
Company
,
upon
pain
to
forfeit
ten
Shillings
,
&c.
And
it
was
adjudged
that
this
Ordinance
was
against
Law
,
because
it
was
against
the
Liberty
of
the
Subject
,
for
every
Subject
hath
freedom
to
put
his
Cloaths
to
be
dressed
by
whom
he
will
,
&c.
sic
de
similibus
.
And
so
it
is
,
if
such
,
or
the
like
Grant
had
been
made
by
the
Letters
Pattents
.
3dly
,
Liberties
signifie
the
Franchizes
&
Priviledges
,
which
the
Subjects
have
of
the
Gift
of
the
King
,
as
the
Goods
&
Chattels
of
Fellons
,
Out-laws
,
and
the
like
,
or
which
the
Subject
claims
by
Prescription
,
as
Wrack
,
Waif
,
Stray
,
and
the
like
.
So
likewise
,
and
for
the
same
Reason
,
if
a
Grant
be
made
to
any
man
,
to
have
the
sole
making
of
Cards
,
or
the
sole
dealing
with
any
other
Trade
,
that
Grant
is
against
the
Liberty
and
Freedom
of
the
Subject
,
that
before
did
,
or
lawfully
might
have
used
that
Trade
,
and
consequently
against
this
Great
Charter
.
Generally
all
Monopolies
are
against
this
great
Charter
,
because
they
are
against
the
Liberty
and
Freedom
of
the
Subject
,
and
against
the
Law
of
the
Land
.
4thly
,
[
No
man
Exiled
]
that
is
,
Banisht
,
or
forced
to
depart
,
or
stay
out
of
England
,
without
his
consent
,
or
by
the
Law
of
the
Land
:
No
man
can
be
exiled
,
or
banished
out
of
his
Native
Country
,
but
either
by
Authority
of
Parliament
,
or
in
case
of
Abjuration
for
Fellony
,
by
the
Common-Law
:
And
so
when
our
Books
,
or
any
Records
,
speak
of
Exile
or
Banishment
,
other
than
in
case
of
Abjuration
,
it
is
to
be
intended
to
be
done
by
Authority
of
Parliament
,
as
Belknap
and
other
Judges
,
&c.
banished
into
Ireland
in
the
Reign
of
Richard
the
second
.
This
is
a
beneficial
Law
,
and
is
construed
benignely
;
And
therefore
the
King
cannot
send
any
Subject
of
England
against
his
Will
to
serve
him
out
of
the
Realm
,
for
that
should
be
an
Exile
;
and
he
should
perdere
patriam
:
No
,
he
cannot
be
sent
against
his
Will
into
Ireland
,
to
serve
the
King
or
his
Deputy
there
,
because
it
is
out
of
the
Realm
of
England
;
for
if
the
King
might
send
him
out
of
his
Realm
to
any
place
,
then
under
pretence
of
Service
,
as
Ambassador
,
or
the
like
,
he
might
send
him
into
the
furthest
parts
of
the
World
,
whom
being
an
Exile
,
is
prohibited
by
this
Act.
5thly
,
[
No
man
destroyed
]
that
is
,
Fore-judged
of
Life
or
Limbs
,
or
put
to
torture
or
death
;
every
Oppression
against
Law
,
by
colour
of
any
usurped
Authority
,
is
a
kind
of
Destruction
,
and
the
words
aliquo
modo
,
any
otherwise
,
are
added
to
the
verb
destroyed
,
and
to
no
other
Verb
.
in
this
Chapter
;
and
therefore
all
things
,
by
any
manner
of
means
,
tending
to
Destruction
,
are
prohibited
:
As
if
a
man
be
accused
or
indicted
of
Treason
or
Fellony
,
his
Lands
or
Goods
cannot
be
granted
to
any
,
no
,
not
so
much
as
by
promise
,
nor
any
of
his
Lands
or
Goods
seized
into
the
Kings
hand
,
before
he
is
attained
;
for
when
a
Subject
obtaineth
a
promise
of
the
forfeiture
,
many
times
undue
means
,
and
more
violent
Prosecution
is
used
for
private
Lucre
,
tending
to
destruction
,
than
the
quiet
and
just
proceeding
of
the
Law
would
permit
;
and
the
party
ought
to
live
of
his
own
until
Attainder
.
6thly
,
[
By
lawful
judgment
of
his
Peers
]
that
is
,
by
his
equals
,
men
of
his
own
Rank
and
Condition
.
The
general
division
of
Persons
,
by
the
Law
of
England
,
is
,
either
one
that
is
Noble
,
and
in
respect
of
his
Nobility
,
of
the
Lords
House
of
Parliament
,
or
one
of
the
Commons
,
and
in
respect
thereof
,
of
the
House
of
Commons
in
Parliament
.
And
as
there
be
divers
degrees
of
Nobility
,
as
Dukes
,
Marquesses
,
Earls
,
Viscounts
and
Barrons
,
and
yet
all
of
them
are
comprehended
under
this
word
Peers
,
and
are
Peers
of
the
Realm
;
so
of
the
Commons
,
they
be
Knights
,
Esquires
,
Gentlemen
,
Citizens
and
Yeomen
,
and
yet
all
of
them
of
the
Commons
of
the
Realm
.
And
as
every
of
the
Nobles
one
is
a
Peer
to
another
,
though
he
be
of
a
several
degree
,
so
it
is
of
the
Commons
:
and
as
it
hath
been
said
of
Men
,
so
doth
it
hold
of
Noble
Women
,
either
by
Birth
or
Marriage
.
And
forasmuch
as
this
Judgment
by
Peers
is
called
lawful
,
it
shews
the
Antiquity
of
this
manner
of
Tryal
:
it
was
the
antient
accustomed
legal
course
long
before
this
Charter
.
7thly
,
[
Or
by
the
Law
of
the
Land
]
that
is
,
by
due
Process
of
Law
,
for
so
the
Words
are
expresly
expounded
by
the
Statute
of
37
Edw
.
3.
Chap.
8.
and
these
Words
are
especially
to
be
refered
to
those
fore-going
,
to
whom
they
relate
;
As
,
none
shall
be
Condemned
without
a
lawful
Tryal
by
his
Peers
,
so
none
shall
be
Taken
,
or
Imprisoned
,
or
put
out
of
his
Freehold
,
without
due
Process
of
the
Law
;
that
is
,
by
the
Indictment
or
Presentment
of
good
and
lawful
men
of
the
place
,
in
due
manner
,
or
by
Writ
original
of
the
Common-Law
.
Now
,
seeing
that
no
man
can
be
Taken
,
Arrested
,
Attached
,
or
Imprisoned
,
but
by
due
Process
of
Law
,
and
according
to
the
Law
of
the
Land
,
these
Conclusions
hereupon
do
follow
:
1.
That
the
Person
or
Persons
which
commit
any
,
must
have
Lawful
Authority
.
2.
It
is
necessary
that
the
Warrant
or
Mittimus
be
Lawful
,
and
that
must
be
in
Writing
under
his
Hand
and
Seal
.
3.
The
Cause
must
be
contained
in
the
Warrant
,
as
for
Treason
,
Fellony
,
&c.
suspicion
of
Treason
or
Fellony
,
or
the
like
perticular
Crime
:
for
if
it
do
not
thus
specifie
the
Cause
,
if
the
Prisoner
bring
his
Habeas
Corpus
,
he
must
be
discharged
,
because
no
Crime
appears
on
the
return
;
nor
is
it
in
such
case
any
Offence
at
all
,
if
the
Prisoner
make
his
escape
,
whereas
if
the
Mittimus
contain
the
Cause
;
the
escape
would
respectively
be
Treason
or
Fellony
,
though
in
truth
he
were
not
Guilty
of
the
first
Offence
,
and
this
mentioning
the
Cause
,
is
agreeable
to
Scripture
,
Acts
5.
4.
The
Warrant
or
Mittimus
,
containing
a
lawful
Cause
,
ought
to
have
a
lawful
Conclusion
,
viz.
And
him
safely
to
keep
until
he
be
delivered
by
Law
,
&c.
and
not
until
the
party
committing
shall
further
order
.
If
a
man
by
colour
of
any
Authority
,
where
he
hath
not
any
in
that
perticular
case
,
shall
presume
to
Arrest
or
Imprison
any
man
,
or
cause
him
to
be
arrested
or
imprisoned
,
this
is
against
this
Act
,
and
it
is
most
hateful
,
when
it
is
done
by
Countenance
of
Justice
.
King
Edward
the
sixth
did
Incorporate
the
Town
of
St.
Albans
,
and
granted
to
them
to
make
Ordinance
,
&c.
they
made
a
by-Law
upon
pain
of
Imprisonment
,
and
it
was
adjudged
to
be
against
this
Statute
of
Magna
Charta
;
so
it
had
been
,
if
such
an
Ordinance
had
been
contained
in
the
Pattent
it self
.
[
We
will
sell
to
no
man
,
deny
to
no
man
,
&c.
]
This
is
spoken
in
the
Person
of
the
King
,
who
in
Judgment
of
Law
in
all
Courts
of
Justice
is
present
;
and
therefore
every
Subject
of
this
Realm
,
for
Injury
done
to
him
in
Bonis
,
Terris
,
vel
Persona
,
in
Person
,
Lands
or
Goods
,
by
any
other
Subject
,
Ecclesiastical
or
Temporal
what-ever
he
be
,
without
exception
,
may
take
his
Remedy
by
the
Course
of
the
Law
,
and
have
Justice
and
Right
for
the
Injury
done
him
,
freely
without
Sale
,
fully
without
any
denyal
,
and
speedily
without
delay
;
for
Justice
must
have
three
Qualities
,
it
must
be
Libera
,
free
;
for
nothing
is
more
odious
then
Justice
set
to
sale
;
plena
,
full
,
for
Justice
ought
not
to
limp
,
or
be
granted
piece-meal
and
Celeris
,
speedily
:
quia
Dilatio
est
quaedam
negatio
,
Delay
is
a
kind
of
Denyal
:
And
when
all
these
meet
,
it
is
both
JUSTICE
and
RIGHT
.
[
We
will
not
deny
or
delay
any
man
,
&c.
]
These
Words
have
been
excellently
expounded
by
latter
Acts
of
Parliament
,
that
by
no
means
Common-Right
or
Common-Law
should
be
disturbed
or
delayed
;
no
,
though
it
be
commanded
under
the
Great
Seal
,
or
Privy
Seal
,
Order
,
Writ
,
Letters
,
Message
,
or
Commandment
whatsoever
,
either
from
the
King
,
or
any
other
;
and
that
the
Justices
shall
proceed
,
as
if
no
such
Writs
,
Letters
,
Order
,
Message
,
or
other
Commandment
were
come
to
them
;
All
our
Judges
swear
to
this
:
for
't
is
part
of
their
Oaths
,
so
that
if
any
shall
be
found
wresting
the
Law
to
serve
a
Courts
turn
,
they
are
Perjured
,
as
well
as
Unjust
;
the
common
Laws
of
the
Realm
should
by
no
means
be
delayed
,
for
the
Law
is
the
surest
Sanctuary
that
a
man
can
take
,
and
the
strongest
Fortress
to
protect
the
weakest
of
all
;
Lex
est
tutissima
Cassis
,
the
Law
is
a
most
safe
Head-piece
:
And
sub
Ciypeo
legis
nemo
decipitur
,
no
man
is
deceived
whilst
the
Law
is
his
Buckler
;
but
the
King
may
stay
his
own
Suit
;
as
a
Capias
pro
fine
,
for
he
may
respit
his
Fine
,
and
the
like
.
All
Protections
that
are
not
Legal
,
which
appear
not
in
the
Register
,
nor
warranted
by
our
Books
,
are
expresly
against
this
Branch
,
nulli
differemus
,
we
will
not
delay
any
man
,
as
a
protection
under
the
Great
Seal
granted
to
any
man
directly
to
the
Sheriff
,
&c.
and
commanding
them
,
that
they
shall
not
Arrest
him
,
during
a
certain
time
,
at
any
other
man's
Suit
;
which
hath
Words
in
it
,
Per
praerogativam
nostram
quant
nolumus
esse
Arguendam
,
by
our
Prerogative
,
which
we
will
not
have
disputed
;
yet
such
Protections
have
been
argued
by
the
Judges
,
according
to
their
Oath
and
Duty
,
and
adjudged
to
be
void
;
as
Mich
.
11
H.
7.
Rot
.
124.
a
Protection
granted
to
Holmes
a
Vintner
of
London
,
his
Factors
,
Servants
and
Deputies
,
&c.
resolved
to
be
against
Law
,
Pas
.
7
H.
8.
Rot
.
66.
such
a
Protection
disallowed
,
and
the
Sheriff
amerced
for
not
Executing
the
Writ
,
Mich
.
13.
and
14
Eliz
.
in
Hitchcock
Case
,
and
many
other
of
latter
time
:
And
there
is
a
notable
Record
of
antient
time
in
22
E.
1.
John
de
Marshalls
case
;
Non
pertinet
ad
viceco●●●em
de
protectione
Regis
Judicare
,
imo
ad
Curiam
.
Justice
or
right
]
We
shall
not
sell
,
deny
or
delay
Justice
and
Right
,
neither
the
end
,
which
is
Justice
;
nor
the
mean
whereby
we
may
attain
to
the
end
,
and
that
is
the
Law
:
Right
is
taken
here
for
Law
,
in
the
same
sence
that
Justice
often
is
so
called
,
1.
Because
it
is
the
right
Line
,
whereby
Justice
distributive
,
is
guided
and
directed
;
and
therefore
all
the
Commissioners
of
Oyer
and
Terminer
,
of
Goal-delivery
,
of
the
Peace
,
&c.
have
this
clause
,
Facturi
quod
Justitiam
pertinet
,
secundum
legem
&
consuetudinem
Angliae
,
i.e.
to
do
Justice
and
Right
,
according
to
the
Rule
of
the
Law
&
Custom
of
England
;
&
that
which
is
called
common
Right
in
2
E.
3.
is
called
common
Law
in
14
E.
3.
&c.
and
in
this
sense
it
is
taken
,
where
it
is
said
,
Ita
quod
stat
Rectus
in
Curia
,
id
est
Legi
in
Curia
.
2.
The
Law
is
called
Rectum
,
because
it
discovereth
that
which
is
tort
,
crooked
or
wrong
;
for
as
Right
signifieth
Law
,
so
tort
,
crooked
or
wrong
signifieth
Injuries
,
and
Injuria
est
contra
Jus
,
Injury
is
against
Right
.
Recta
linea
est
index
sui
&
obliqui
,
a
right
line
is
both
declaratory
of
it self
and
the
oblique
.
Hereby
the
crooked
Cord
of
that
which
is
called
discretion
appeareth
to
be
unlawful
,
unless
you
take
it
,
as
it
ought
to
be
,
discretio
est
discernere
per
Legem
,
quid
sit
Justum
,
discretion
is
to
discern
by
the
Law
what
is
just
.
It
is
called
Right
,
because
it
is
the
best
Birthright
the
Subject
hath
,
for
thereby
his
Goods
,
Lands
,
Wife
&
Children
,
his
Body
,
Life
,
Honour
&
Estimation
are
protected
from
Injury
&
wrong
.
Major
Haereditas
venit
unicunque
nostrum
a
Jure
&
Legibus
,
quam
a
Parentibus
;
A
greater
Inheritance
descends
to
us
from
the
Laws
,
than
from
our
Progenitors
.
Thus
far
the
very
words
of
that
Oracle
of
our
Law
,
the
sage
and
learned
Cook
;
which
so
fully
and
excellently
explains
this
incomparable
Law
,
that
it
will
be
superfluous
to
add
any
thing
further
thereunto
.
A
Confirmation
of
the
Charters
of
the
Liberties
of
England
,
and
of
the
Forrest
,
made
in
the
35th
Year
of
Edward
the
first
.
EDward
,
by
the
Grace
of
God
,
K.
of
England
,
Lord
of
Ireland
,
and
Duke
of
Guyan
,
to
all
those
these
present
Letters
shall
hear
or
see
,
greeting
.
Know
ye
,
that
we
to
the
honour
of
God
,
and
of
holy
Church
,
and
to
the
profit
of
our
Realm
,
have
granted
for
us
and
our
Heirs
,
that
the
Charter
of
Liberties
,
and
the
Charter
of
the
Forrest
;
which
were
by
common
consent
of
all
the
Realm
,
in
the
time
of
K.
Henry
our
Father
,
shall
be
kept
in
every
point
without
breach
.
And
we
will
that
the
same
Charter
shall
be
sent
under
our
Seal
,
as
well
to
our
Justices
of
the
Forrest
,
as
to
others
,
and
to
all
Sheriffs
of
Shires
,
and
to
all
our
other
Officers
,
and
to
all
our
Cities
throughout
the
Realm
,
together
with
our
Writs
,
in
which
it
shall
be
contained
,
that
they
cause
the
aforesaid
Charters
to
be
published
,
and
to
declare
to
the
People
,
that
we
have
confirm'd
them
in
all
points
.
And
that
our
Justicers
,
Sheriffs
and
Mayors
,
and
other
Ministers
,
which
under
us
have
the
Laws
of
our
Land
to
guide
,
shall
allow
the
same
Charters
pleaded
before
them
in
Judgment
in
all
their
points
,
that
is
to
say
,
the
great
Charter
as
the
common
Law
,
and
the
Charter
of
the
Forrest
for
the
Wealth
of
our
Realm
.
Chap.
2.
And
we
will
,
that
if
any
Judgment
be
given
from
henceforth
contrary
to
the
points
of
the
Charters
aforesaid
,
by
the
Justicers
,
or
any
other
our
Ministers
that
hold
plea
before
them
,
against
the
points
of
the
Charters
,
it
shall
be
undone
and
holden
for
naught
.
Cap.
3.
And
we
will
,
that
the
same
Charters
shall
be
sent
under
our
Seal
,
to
Cathedral
Churches
throughout
our
Realm
,
there
to
remain
,
and
shall
be
read
before
the
People
two
times
by
the
year
.
Cap.
4.
And
that
all
Arch-Bishops
&
Bishops
shall
pronounce
the
sentence
of
Excommunication
against
all
those
that
by
word
,
deed
or
council
,
do
contrary
to
the
aforesaid
Charters
,
or
that
in
any
point
break
or
undo
them
.
And
that
the
said
Curses
betwice
a
year
denounced
and
published
by
the
Prelates
aforesaid
.
And
if
the
same
Prelates
,
or
any
of
them
,
be
remiss
in
the
denunciation
of
the
said
Sentences
,
the
Arch-Bishop
of
Canterbury
and
York
for
the
time
being
,
shall
compel
and
distrain
them
to
the
Execution
of
their
Duties
in
form
aforesaid
.
Cap.
5.
And
for
so
much
as
divers
People
of
our
Realm
are
in
fear
,
that
the
Aids
and
Tasks
which
they
have
given
to
us
before
time
,
towards
our
Wars
,
and
other
business
,
of
their
own
grant
,
or
good
will
(
however
they
were
made
)
might
turn
to
a
bondage
to
them
and
their
Heirs
,
because
they
might
be
at
another
time
found
in
the
Rolls
,
and
likewise
for
the
prizes
taken
throughout
the
Realm
by
our
Ministers
,
We
have
granted
for
us
and
our
Heirs
,
that
we
shall
draw
no
such
Aids
,
Tasks
nor
Prizes
into
a
Custom
,
for
any
that
hath
been
done
heretofore
,
be
it
by
Roll
or
any
other
President
that
may
be
found
.
Cap.
6.
Moreover
,
we
have
granted
for
us
and
our
Heirs
,
as
well
to
Archbishops
,
Bishops
,
Abbots
,
Priors
,
and
other
folk
of
holy
Church
,
as
also
to
Earls
,
Barons
,
and
to
all
the
Commonality
of
the
Land
,
that
for
no
business
hence-forth
,
we
shall
take
such
manner
of
Aids
,
Tasks
or
Prizes
,
but
by
the
common
assent
of
the
Realm
,
and
for
the
common
profit
thereof
;
saving
the
antient
Aids
and
Prizes
due
and
accustomed
.
Cap.
7.
And
for
so
much
as
the
more
part
of
the
Commanality
of
the
Realm
find
themselves
fore
grieved
with
the
Maletot
of
Wools
,
that
is
to
wit
,
a
Toll
of
40
s
.
for
every
Sack
of
Wool
,
and
have
made
Petition
to
us
for
to
release
the
same
:
We
at
their
Request
have
clearly
released
it
,
and
have
granted
for
us
and
our
Heirs
,
that
we
shall
not
take
such
things
,
without
their
common
consent
and
good
will
,
saving
to
us
and
our
heirs
the
Custom
of
Wools
,
Skins
and
Leather
,
granted
before
by
the
Commonality
●foresaid
.
In
Witness
of
which
things
we
have
caused
our
Letters
to
be
Pattent
,
Witness
Edward
our
Son
,
at
London
the
10th
of
October
;
and
the
twenty
fifth
year
of
our
Reign
.
The
Sentence
of
the
Clergy
against
the
breakers
of
the
Articles
above
written
.
IN
the
Name
of
the
Father
,
the
Son
and
the
holy
Ghost
,
Amen
.
Whereas
our
soveraign
Lord
the
King
,
to
the
honour
of
God
and
of
holy
Church
,
and
for
the
common
profit
of
the
Realm
,
hath
granted
for
him
&
his
Heirs
●orever
,
these
Articles
above
written
;
Robert
,
Archbishop
of
Canterbury
,
Primate
of
all
England
,
admonisheth
all
his
Province
once
,
twice
and
thrice
;
Because
that
shortness
will
not
suffer
so
much
delay
,
as
to
give
knowledge
to
all
the
People
of
England
of
these
presents
in
writing
.
We
therefore
enjoyn
all
pers●ns
,
of
what
Estate
soever
they
be
,
that
they
and
every
of
them
,
as
much
as
in
them
is
,
shall
uphold
&
maintain
these
Articles
granted
by
our
Sov
.
Ld.
the
K.
in
all
points
.
And
all
those
that
in
any
point
do
resist
or
break
,
or
in
any
manner
hereafter
procure
,
counsel
,
or
any
ways
assent
to
resist
or
break
those
Ordinances
,
or
go
about
it
,
by
word
or
deed
,
openly
or
privily
,
by
any
manner
of
pretence
or
colour
:
We
the
foresaid
Arch-bishop
,
by
our
Authority
in
this
writing
expressed
,
do
excommunicate
&
accurse
,
and
from
the
Body
of
our
Lord
Jesus
Christ
,
and
from
all
the
Company
of
Heaven
,
and
from
all
the
Sacraments
of
holy
Church
,
do
sequester
and
exclude
.
NB
.
It
may
be
observed
that
this
Curse
is
left
out
of
our
late
printed
Statute-Books
,
tho'
inserted
at
large
in
that
printed
in
3
Vol.
in
Q.
Eliz
.
days
,
anno
1557.
There
is
likewise
another
like
dreadful
,
but
more
full
and
express
Curse
,
solemnly
pronounced
before
in
the
time
of
K.
Henry
3.
which
also
being
omitted
in
our
modern
Statute-Book
,
I
shall
here
add
.
The
Sentence
or
Curse
given
by
the
Bishops
against
the
Breakers
of
the
great
Charter
.
IN
the
Year
of
our
Lord
1253.
the
3d
day
of
May
,
in
the
great
Hall
of
the
K.
at
Westminster
,
in
the
presence
and
by
the
assent
of
the
Lord
Henry
,
by
the
Grace
of
God
K.
of
England
,
&
the
Ld
Richard
Earl
of
Cornwall
his
Brother
,
Roger
Bigot
Earl
of
Norfolk
and
Suffolk
,
Marshal
of
England
,
Humphery
Earl
of
Hereford
,
Henry
Earl
of
Oxford
,
John
Earl
Warren
,
and
other
Estates
of
the
Realm
of
England
:
W.
Boniface
,
by
the
mercy
of
God
Arch-bishop
of
Canterbury
,
Primate
of
all
England
,
F.
of
London
,
H.
of
Ely
,
S.
of
Worcester
,
E.
of
Lincoln
,
W.
of
Norwich
,
G.
of
Hereford
,
W.
of
Salisbury
,
W.
of
Durham
,
R.
of
Exeter
,
M.
of
Carlile
,
W.
of
Bath
,
E.
of
Rochester
,
T.
of
St.
Davids
:
Bishops
appareled
in
Pontificials
,
with
Tapers
burning
,
against
the
breakers
of
the
Churches
Liberties
,
and
of
the
Liberties
or
other
Customs
of
the
Realm
of
England
,
and
namely
those
which
are
contained
in
the
Charter
of
the
common
Liberties
of
England
,
and
Charter
of
the
Forrest
,
have
denounced
the
sentence
of
Excommunication
in
this
form
.
By
the
Authority
of
Almighty
God
,
the
Father
,
the
Son
and
the
holy
Ghost
,
and
of
the
glorious
Mother
of
God
,
and
perpetual
Virgin
Mary
,
of
the
blessed
Apostles
Peter
and
Paul
,
and
of
all
Apostles
,
and
of
all
Martyrs
,
and
of
blessed
Edward
,
K.
of
England
,
and
of
all
the
Sts
of
Heaven
,
we
Excommunicate
,
accurse
,
&
from
the
benefits
of
our
holy
Mother
the
Church
,
we
sequester
all
those
that
hereafter
willingly
&
maliciously
deprive
or
spoil
the
Church
of
her
Right
;
and
all
those
that
by
any
craft
or
wiliness
do
violate
,
break
,
diminish
or
change
the
Churches
Liberties
,
and
free
Customs
contained
in
the
Charters
of
the
common
Liberties
,
&
of
the
Forrest
,
granted
by
our
L.
the
King
,
to
Arch-bps
,
Bps
,
and
other
Prelates
of
England
,
and
likewise
to
the
Earls
,
Barons
,
Knights
,
and
other
Free-holders
of
the
Realm
:
And
all
that
secretly
or
openly
,
by
deed
word
or
council
,
do
make
Statutes
,
or
observe
them
being
made
,
and
that
bring
in
Customs
,
or
keep
them
when
they
be
brought
in
,
against
the
said
Liberties
or
any
of
them
;
and
all
those
that
shall
presume
to
judge
against
them
.
All
and
every
which
persons
beforementioned
,
that
wittingly
shall
commit
any
of
the
Premises
,
let
them
know
,
that
they
incur
the
foresaid
Sentence
,
ipso
facto
.
So
zealous
were
our
Ancestors
to
preserve
their
Liberties
from
encroachments
,
that
they
imployed
all
the
strength
of
human
Policy
and
religious
Obligations
to
secure
them
intire
and
inviolate
.
And
I
declare
ingenuously
,
I
would
not
for
the
world
incur
this
Curse
,
as
every
man
deservedly
doth
,
that
offers
violence
to
the
fundamental
Freedoms
thereby
repeated
and
confirmed
.
The
Frame
of
the
Government
of
the
Province
of
Pennsilvania
and
Territories
thereunto
annexed
,
in
America
.
To
all
Persons
to
whom
these
presents
may
come
;
WHereas
King
Charles
the
second
by
his
Letters
Pattents
under
the
great
Seal
of
England
,
bearing
date
the
fourth
day
of
March
,
in
the
thirty
third
year
of
the
KING
,
for
divers
Considerations
therein
mentioned
,
hath
been
graciously
pleased
to
give
and
grant
unto
me
William
Penn
,
by
the
name
of
William
Penn
,
Esquire
,
Son
and
Heir
of
Sir
William
Penn
deceased
,
and
to
my
Heirs
and
Assigns
forever
,
all
that
tract
of
Land
or
Province
called
Pennsilvania
in
America
,
with
divers
great
Powers
,
Pre-eminences
,
Royalties
,
Jurisdictions
and
Authorities
,
necessary
for
the
well-being
and
good
Government
thereof
.
And
whereas
the
Kings
dearest
Brother
James
Duke
of
York
and
Albany
,
&c.
by
his
Deeds
of
Feoffment
under
his
hand
and
seal
,
duly
perfected
,
bearing
date
the
24th
of
August
,
1682.
he
hath
granted
unto
me
the
said
William
Penn
my
Heirs
and
Assigns
all
that
Tract
of
Land
,
lying
and
being
from
twelve
miles
northward
of
New-Castle
upon
Delaware
River
,
in
America
,
to
Cape
Henlopen
upon
the
said
River
and
Bay
of
Delaware
,
southward
,
together
with
all
Royalties
,
Franchises
,
Duties
,
Jurisdictions
,
Liberties
and
Priviledges
thereunto
belonging
.
Now
know
ye
,
That
for
the
well-being
and
good
Government
of
the
said
Province
and
Territories
thereunto
annexed
,
and
for
the
Encouragement
of
all
the
Free-men
and
Planters
that
may
be
therein
concerned
,
in
pursuance
of
the
Rights
and
Powers
afore-mentioned
,
I
the
said
William
Penn
have
declared
,
granted
and
confirmed
,
and
by
these
presents
for
me
,
my
Heirs
and
Assigns
,
do
declare
,
grant
and
confirm
unto
all
the
Free-men
,
Planters
,
and
Adventurers
of
,
in
and
to
the
said
Province
and
Territories
thereof
,
these
Liberties
,
Franchises
and
Properties
,
so
far
as
in
me
Iyeth
,
to
be
held
,
enjoyed
and
kept
by
the
Free-men
,
Planters
and
Adventurers
of
and
in
the
said
Province
of
Pennsilvania
and
Territories
thereunto
annexed
,
forever
.
Imprimis
,
That
the
Government
of
this
Province
and
Territories
thereof
,
shall
from
time
to
time
(
according
to
the
Powers
of
the
Pattent
,
and
Deeds
of
Feoffment
aforesaid
)
consist
of
the
Proprietary
and
Governour
,
and
the
Free-men
of
the
said
Province
and
Territories
thereof
in
the
form
of
a
Provincial
Council
and
Assembly
,
which
●rovincial
Council
shall
consist
of
eighteen
Persons
,
being
three
out
of
each
County
,
and
which
Assembly
shall
consist
of
thirty
six
Persons
,
being
six
out
of
each
County
,
men
of
most
note
,
for
Virtue
,
Wisdom
,
and
Ability
,
by
whom
all
Laws
shall
be
made
,
Officers
chosen
and
publick
Affairs
transacted
,
as
is
hereafter
limited
and
declared
.
2dly
.
There
being
three
Persons
already
chosen
for
every
respective
County
of
this
Province
,
and
Territories
therof
,
to
serve
in
Provincial
Council
,
one
of
them
for
three
Years
,
one
for
two
Years
,
and
one
for
one
Year
,
and
one
of
them
being
to
go
off
Yearly
in
every
County
.
That
on
the
tenth
Day
of
the
first
Moneth
yearly
forever
after
,
the
Free-men
of
the
said
Province
and
Territories
thereof
,
shall
meet
together
in
the
most
convenient
place
in
every
County
of
this
Province
,
and
Territories
thereof
,
then
and
there
chuse
one
Person
,
qualified
as
aforesaid
,
in
every
County
,
being
one
third
of
the
number
to
s●●ve
in
Provincial
Council
for
three
Years
,
it
being
intended
that
one
third
of
the
whole
Provincial
Council
consisting
,
and
to
consist
of
eighteen
Persons
falling
off
yearly
,
it
shall
be
yearly
supplyed
by
such
new
yearly
Elections
,
as
aforesaid
,
and
that
one
Person
shall
not
continue
longer
than
three
Years
;
and
in
case
any
Member
shall
decease
before
the
last
Election
,
during
his
time
,
that
then
at
the
next
Election
ensuing
his
decease
,
another
shall
be
chosen
to
supply
his
place
for
the
remaining
time
he
was
to
have
served
,
and
no
longer
.
3dly
.
That
after
the
first
seven
Years
,
every
one
of
the
said
third
parts
that
goeth
yearly
off
,
shall
be
incapable
of
being
chosen
again
for
one
whole
Year
following
,
that
so
all
that
are
capable
and
qualified
,
as
aforesaid
,
may
be
fitted
for
Government
,
and
have
a
share
of
the
care
and
burthen
of
it
.
4thly
.
That
the
Provincial
Council
in
all
cases
and
matters
of
moment
,
as
their
arguing
upon
Bills
to
be
past
into
Laws
,
or
proceedings
about
erecting
of
Courts
of
Justice
,
sitting
in
Judgment
upon
Criminals
impeached
,
and
choice
of
Officers
in
such
manner
as
is
herein
after
expressed
,
not
less
than
two
thirds
of
the
whole
,
shall
make
a
Quorum
,
and
that
the
consent
and
approbation
of
two
thirds
of
that
Quorum
shall
be
had
in
all
such
Cases
or
Matters
of
Moment
.
And
that
in
all
cases
and
matters
of
lesser
moment
,
one
third
of
the
whole
shall
make
a
Quorum
,
the
Majority
of
which
shall
and
may
always
determine
in
such
Cases
and
Causes
of
lesser
moment
.
5thly
.
That
the
Governour
and
Provincial
Council
shall
have
the
Power
of
preparing
and
proposing
to
the
Assembly
hereafter
mentioned
,
all
Bills
which
they
shall
see
needful
,
and
that
shall
at
any
time
be
past
into
Laws
within
the
said
Province
and
Territories
thereof
,
which
Bills
shall
be
published
,
and
affixed
to
the
most
noted
place
in
every
County
of
this
Province
and
Territories
thereof
twenty
days
before
the
meeting
of
the
Assembly
,
in
order
to
passing
them
into
Laws
.
6thly
.
That
the
Governour
and
Provincial
Council
shall
take
care
that
all
Laws
,
Statutes
and
Ordinances
which
shall
at
any
time
be
made
within
the
said
Province
and
Territories
,
be
duly
and
diligently
executed
.
7thly
.
That
the
Governour
and
Provincial
Council
shall
at
all
times
have
the
care
of
the
Peace
and
Safety
of
this
Province
,
and
Territories
thereof
;
and
that
nothing
be
by
any
Person
attempted
to
the
Subversion
of
this
frame
of
Government
.
8thly
.
That
the
Governour
and
Provincial
Council
shall
at
all
times
fettle
and
order
the
Scituation
of
all
Cities
and
Market-Towns
in
every
County
,
modelling
therein
all
publick
Buildings
,
Streets
,
and
Market-places
,
and
shall
appoint
all
necessary
Roads
and
High-ways
in
this
Province
and
Territories
thereof
.
9thly
.
That
the
Governour
and
Provincial
Council
shall
at
all
times
have
power
to
inspect
the
management
of
the
publick
Treasury
,
and
punish
those
who
shall
convert
any
part
thereof
to
any
other
use
,
than
what
hath
been
agreed
upon
by
the
Governour
,
Provincial
Council
and
Assembly
.
10thly
.
That
the
Governour
and
Provincial
Council
shall
erect
and
order
all
publick
Schools
,
and
encourage
and
reward
the
Authors
of
useful
Sciences
,
and
laudable
Inventions
in
the
said
Province
and
Territories
thereof
.
Council
residing
with
the
Governour
,
shall
with
the
Governour
from
time
to
time
have
the
care
of
the
management
of
all
publick
Affairs
,
relating
to
the
Peace
,
Justice
,
Treasury
,
Trade
&
Improvement
of
the
Province
and
Territories
,
and
to
the
good
Education
of
Youth
,
and
Sobriety
of
the
Manners
of
the
Inhabitants
therein
,
as
aforesaid
.
12thly
.
That
the
Governour
or
his
Deputy
shall
always
preside
in
the
Provincial
Council
,
and
that
he
shall
at
no
time
therein
perform
any
publick
Act
of
State
whatsoever
,
that
shall
or
may
relate
unto
the
Justice
,
Trade
,
Treasury
or
Safety
of
the
Province
,
and
Territories
as
aforesaid
,
but
by
and
with
the
Advice
and
Consent
of
the
Provincial
Council
thereof
.
13thly
.
And
to
the
end
that
all
Bills
prepared
and
agreed
by
the
Governour
and
Provincial
Council
,
as
aforesaid
,
may
yet
have
the
more
full
concurrence
of
the
Free-men
of
the
Province
and
Territories
thereof
,
It
is
declared
,
granted
and
confirm'd
,
that
at
the
time
and
place
in
every
County
,
for
the
choice
of
one
Person
to
serve
in
Provincial
Council
,
as
aforesaid
,
the
respective
Members
thereof
at
their
said
Meeting
,
shall
yearly
chuse
out
of
themselves
six
Persons
of
note
,
for
their
Virtue
,
Wisdom
and
Ability
,
to
serve
in
Assembly
,
as
their
Representatives
,
who
shall
yearly
meet
on
the
Tenth
day
of
the
third
Moneth
,
in
the
Capital
Town
or
City
of
the
said
Province
,
unless
the
Governour
and
Provincial
Council
shall
think
fit
to
appoint
another
place
to
meet
in
,
where
during
eight
days
,
the
several
Members
may
freely
confer
with
one
another
,
and
if
any
of
them
see
meet
with
a
Committee
of
the
Provincial
Council
,
which
shall
be
at
that
time
purposely
appointed
to
receive
from
any
of
them
,
Proposals
for
the
alteration
or
amendment
of
any
of
the
said
proposed
and
promulgated
Bills
,
&
on
the
nineth
day
from
their
so
meeting
,
the
said
Assembly
,
after
their
reading
over
of
the
proposed
Bills
by
the
Clerk
of
the
Provincial
Council
,
and
the
occasions
and
motives
for
them
being
open'd
by
the
Goververnour
,
or
his
Deputy
,
shall
upon
the
Question
by
him
put
,
give
their
Affirmative
or
Negative
,
which
to
them
seemeth
best
,
in
such
manner
as
is
hereafter
expressed
,
but
not
less
than
two
thirds
shall
make
a
Q●orum
in
the
passing
of
all
Bills
into
Laws
,
and
choice
of
such
Officers
as
are
by
them
to
be
chosen
.
14.
That
the
Laws
so
prepared
and
proposed
,
as
aforesaid
,
that
are
assented
to
by
the
Assembly
,
shall
be
enrolled
as
Laws
of
this
Province
and
Territories
thereof
,
with
this
Stile
,
By
the
Governour
,
with
the
Assent
and
Approbation
of
the
Free-men
in
Provincial
Council
and
Assembly
met
.
And
from
henceforth
the
Meeting
,
Sessions
,
Acts
and
Proceedings
of
the
Governour
,
Provincial
Council
and
Assembly
shall
be
stiled
and
called
,
The
Meeting
,
Sessions
,
Acts
and
Proceedings
of
the
General
Assembly
of
the
Province
of
Pennsilvania
,
and
the
Territories
thereunto
belonging
.
15.
And
that
the
Representatives
of
the
People
in
Provincial
Council
and
Assembly
,
may
in
after
Ages
bear
some
proportion
with
the
increase
and
multiplying
of
the
People
,
the
Numbers
of
such
Representatives
of
the
People
may
be
from
time
to
time
increased
and
enlarged
,
so
as
at
no
time
the
number
exceed
seventy
two
for
the
Provincial
Council
,
and
two
hundred
for
the
Assembly
;
the
appointment
and
proportion
of
which
Number
,
as
also
the
laying
and
methodizing
of
the
choice
of
such
Representatives
in
future
time
,
most
equally
to
the
division
of
the
Country
,
or
number
of
the
Inhabitants
,
is
left
to
the
Governour
and
Provincial
Council
to
propose
,
and
the
Assembly
to
resolve
,
so
that
the
order
of
rotation
be
strictly
observed
,
both
in
the
choice
of
the
Council
,
and
the
respective
Committees
thereof
,
viz.
one
third
to
go
off
,
and
come
in
yearly
.
16.
That
from
,
and
after
the
Death
of
this
Present
Governour
,
the
Provincial
Council
shall
together
with
the
suceeding
Governour
,
erect
from
time
to
time
standing
Courts
of
Justice
,
in
such
Places
and
Number
as
they
shall
judge
convenient
for
the
good
Government
of
the
said
Province
and
Territories
thereof
;
and
that
the
Provincial
Council
shall
on
the
thirteenth
day
of
the
second
Moneth
,
then
next
ensuing
,
elect
and
present
to
the
Governour
,
or
his
Deputy
,
a
double
number
of
Persons
,
to
serve
for
Judges
,
Treasurers
,
and
Masters
of
the
Rolls
within
the
said
Province
and
Territories
,
to
contiue
so
long
as
they
shall
well
behave
themselves
in
those
Capacities
respectively
,
and
the
Free-men
of
the
said
Province
in
Assembly
met
,
shall
on
the
thirteenth
day
of
the
third
Moneth
,
yearly
,
elect
,
and
then
Present
to
the
Governour
or
his
Deputy
a
double
number
of
Persons
to
serve
for
Sheriffs
,
Justices
of
the
Peace
,
and
Coroners
for
the
Year
next
ensuing
,
out
of
which
respective
Elections
and
Presentments
the
Governour
or
his
Deputy
shall
nominate
and
commissionate
the
proper
number
for
each
Office
,
the
third
day
after
the
said
respective
Presentments
,
or
else
the
first
named
in
such
Presentment
for
each
Office
,
as
aforesaid
,
shall
stand
and
serve
in
that
Office
the
time
before
respectively
limited
;
and
in
case
of
Death
or
Default
,
such
vacancy
shall
be
supplyed
by
the
Governour
and
Provincial
Council
in
manner
aforesaid
.
17.
That
the
Assembly
shall
continue
so
long
as
may
be
needful
to
impeach
Criminals
fit
to
be
there
impeached
,
to
pass
such
Bills
into
Laws
as
are
proposed
to
them
,
which
they
shall
think
fit
to
pass
into
Laws
,
and
till
such
time
as
the
Governor
and
Provincial
Council
shall
declare
,
That
they
have
nothing
further
to
propose
unto
them
for
their
Assent
and
Approbation
;
and
that
declaration
shall
be
a
Dismiss
to
the
Assembly
for
that
time
,
which
Assembly
shall
be
notwithstanding
capable
of
assembling
together
upon
the
summons
of
the
Governour
and
Provincial
Council
at
any
time
during
that
year
,
if
the
Governor
and
Provincial
Council
shall
see
occasion
for
their
so
assembling
.
18.
That
all
the
Elections
of
Members
or
Representatives
of
the
People
,
to
serve
in
Provincial
Council
and
Assembly
,
and
all
Questions
to
be
determined
by
both
or
either
of
them
,
that
relate
to
the
choice
of
Officers
,
&
all
or
any
other
Personal
matters
,
shall
be
resolved
and
determined
by
the
Ballot
▪
and
all
things
relating
to
the
preparing
and
passing
of
Bills
into
Laws
,
shall
be
openly
declared
and
resolved
by
the
Vote
.
19.
That
at
all
times
when
the
Proprietary
and
Governour
shall
happen
to
be
an
Infant
,
and
under
the
Age
of
one
and
twenty
Years
,
and
no
Guardian
or
Commissioners
are
appointed
in
writing
by
the
Father
of
the
said
Infant
,
or
that
such
Guardian
shall
be
deceased
,
that
during
such
Minority
,
the
Provincial
Council
shall
from
time
to
time
,
as
they
shall
see
meet
,
constitute
and
appoint
Guardians
and
Commissioners
,
not
exceeding
three
,
one
of
which
shall
preside
as
Deputy
and
chief
Guardian
,
during
such
Minority
,
and
shall
have
and
execute
,
with
the
consent
of
one
of
the
other
two
,
all
the
Power
of
a
Governor
in
all
publick
Affairs
and
Concerns
of
the
said
Province
and
Territories
thereof
,
according
to
Charter
;
which
said
Guardian
so
appointed
,
〈…〉
have
the
care
and
over-sight
of
the
Estate
of
the
said
Minor
,
and
be
yearly
accountable
and
responsable
for
the
same
to
the
Proyincial
Council
,
and
the
Provincial
Council
to
the
Minor
when
of
Age
,
or
to
the
next
Heir
in
case
of
the
said
Minor's
death
,
for
the
Trust
before
expressed
.
20.
That
as
often
as
any
days
of
the
Month
mentioned
in
any
Article
of
this
Charter
shall
fall
upon
the
First
day
of
the
Week
,
commonly
called
the
Lords
day
,
the
business
appointed
for
that
day
shall
be
deferred
till
the
next
day
,
unless
in
cases
of
Emergency
.
21.
And
for
the
Satisfaction
and
Encouragement
of
all
Aliens
,
I
do
give
and
grant
,
that
if
any
Alien
,
who
is
or
shall
be
a
purchaser
,
or
who
doth
or
shall
inhabit
in
this
Province
or
Territories
thereof
,
shall
decease
at
any
time
before
he
can
well
be
naturalized
,
his
Right
and
Interest
therein
shall
notwithstanding
descend
to
his
Wife
and
Children
,
or
other
his
Relations
,
be
he
Testate
or
Intestate
,
according
to
the
Laws
of
this
Province
and
Territories
thereof
,
in
such
cases
provided
,
in
as
free
and
ample
manner
,
to
all
intents
and
purposes
,
as
if
the
said
Alien
had
been
naturaliz'd
.
22.
And
that
the
Inhabitants
of
this
Province
and
Territories
thereof
may
be
accommodated
with
such
Food
and
Sustenance
as
God
in
his
Providence
hath
freely
afforded
,
I
do
also
further
grant
to
the
Inhabitants
of
this
Province
and
Territories
thereof
,
liberty
to
fowl
and
hunt
upon
the
Lands
they
hold
,
or
all
other
Lands
therein
,
not
enclosed
,
and
to
fish
in
all
Waters
in
the
said
Lands
,
and
in
all
Rivers
and
Rivulets
in
and
belonging
to
this
Province
and
Territories
thereof
,
with
liberty
to
draw
his
or
their
Fish
to
shore
on
any
mans
Lands
,
so
as
it
be
not
to
the
detriment
or
annoyance
of
the
Owner
thereof
,
except
such
Lands
as
do
lie
upon
Inland
Rivulets
that
are
not
boatable
,
or
which
are
or
may
be
hereafter
erected
into
Mannors
.
23.
And
that
all
the
Inhabitants
of
this
Province
and
Territories
thereof
,
whether
Purchasors
or
others
,
may
have
the
last
worldly
Pledge
of
my
good
and
kind
Intentions
to
them
and
theirs
,
I
do
give
,
grant
and
confirm
to
all
and
every
one
of
them
full
and
quiet
Enjoyment
of
their
respective
Lands
to
which
they
have
any
lawful
or
equitable
Claim
,
saving
only
such
Rents
and
Services
for
the
same
as
are
or
customarily
ought
to
be
reserved
to
Me
,
my
Heirs
and
Assigns
.
24.
That
no
Act
,
Law
or
Ordinance
whatsoever
shall
at
any
time
hereafter
be
made
or
done
by
the
Proprietary
and
Governour
of
this
Province
and
Territories
thereunto
belonging
,
his
Heirs
,
and
Assigns
,
or
by
the
Free-men
in
Provincial
Council
or
Assembly
,
to
alter
,
change
or
diminish
the
form
or
effect
of
this
Charter
,
or
any
part
or
clause
thereof
,
contrary
to
the
true
intent
and
meaning
thereof
,
without
the
consent
of
the
Proprietary
and
Governour
,
his
Heirs
or
Assigns
,
and
Six
parts
of
Seven
of
the
said
Free-men
in
Provincial
Council
and
Assembly
met
.
25.
And
Lastly
,
I
the
said
.
William
Penn
,
Proprietary
and
Governour
of
the
Province
of
Pennsilvania
&
Territories
thereunto
belonging
,
for
my self
,
my
Heirs
and
Assigns
,
have
solemnly
declared
,
granted
and
confirmed
,
and
do
hereby
solemnly
declare
,
grant
and
confirm
,
that
neither
I
,
my
Heirs
or
Assigns
shall
procure
or
do
any
thing
or
things
whereby
the
Liberties
in
this
Charter
contained
and
expressed
shall
be
infringed
or
broken
:
And
if
any
thing
be
procured
by
any
Person
or
Persons
contrary
to
these
Promises
,
it
shall
be
held
of
no
force
or
effect
.
In
Witness
whereof
,
I
the
said
William
Penn
at
Philadelphia
in
Pennsilvania
,
have
unto
this
present
Charter
of
Liberties
set
my
Hand
and
broad
Seal
this
second
day
of
the
second
Moneth
,
in
the
Year
of
our
Lord
1683.
being
the
thirty
fifth
year
of
the
King
,
and
the
third
year
of
my
Government
.
William
Penn
.