chapter first we have grant to God and by this our present charter have  confirm for they and our heir for ever that the church of England shall be  free and shall have all her whole right and liberty inviolable we have grant  also and give to all the freeman of our realm for they and our heir for ever  these liberty under write to have and to hold to they and their heir of they  and our heir for ever sanctum God imprimis church Proserpine to make ita quoth  nec to sell nec and strong to put down nec corpse archbishop sive bishop well  abbate to some degree to take without effort de rule church seu de hominbus he  while successor in she to advance et all evil custom who kingdom England  injust opprimeba ind to take away we have grant to God we have grant to God  when any thing be grant for God it be deem in law to be grant to God and  whatsoever be grant to his church for his honour and the maintenance of his  religion and service be grant for and to God quoth datum be church datum be  a god and this and the like be the from of ancient act and grant and those  ancient act and grant must be construe and take as the law be hold at that  time when they be make here in this charter both in the title and in diverse  part of the body of the charter the king speak in the plural number   to go away the first king that I read of before he that in his grant write in  the plural number be king John father of our king Henry the three other king  before he write in the singular number they use ego and king John and all the  king after he our for they and our heir for ever these word be add to avoid  all scruple that this great parliamentary charter may live and take effect in  all succession of age for ever more of this word heir hereafter in this  chapter when pro we heir successor our men  come in shall be show in his fit  place that the church of England c this at the make of this magnacarta extend  not to Ireland nor to any of the king foreign dominion but by the law of  Poynings make by the authority of parliament in Ireland in year  Henry all the  law and statute of this realm of England before that time have or make do  extend to Ireland so as now great Charta do extend into Ireland that the  church of England shall be free that be that all ecclesiastical person within  the realm their possession and good shall be free from all unjust ex action  and oppression but notwithstanding shall yield all lawful duty either to the  king or to any of his subject so as Proserpine here be take for to set free  for as have be say this charter be declaratory of they ancient law and liberty  of England and therefore no new freedom be hereby grant to be discharge of  lawful tenor service rend and aid but a restitution of such as lawful they  have before and to free they of that which have be usurp and encroach upon  they by any power whatsoever and purposely and material the charter say  Ecclesia because Ecclesia non become void  but become void  Church rites  and  this extend to all ecclesiastical person of what quality or order soever and  shall have all her whole right that be that all ecclesiastical person shall  enjoy all their lawful jurisdiction and other their right whole without any  diminution or substraction whatsoever and jura to sew prove plain that no new  right be give unto they but such as they have before hereby be confirm and  great be sometime their right for they have the three part of the possession  of the realm as it be affirm in a parliament roll liberty inviolable freedom  be here take in two sense for the law of England so call because book fanciunt  as have be say they be here take for privilege hold by parliament charter or  prescription more then ordinary and in this sense it be take in the Writ de  freedom allocandis and in another Writ de freedom to drive out in journey but  it be but freedom urge such as of right they have before Jura church  public officer aequipara maxim every archbishopric and bishopric in England be  of the king foundation and hold of the king per baron and many abbot and prior  of monastery be also of the king foundation and do hold of he per baron and in  this right the archbishop and bishop and such of the abbot and prior as hold  per baron and call by Writ to parliament be lord of parliament and this be a  right of great honour that the church videlicet the archbishop and bishop now  have Ecclesia be infra lifetime in custodian domini king who holding jura heir  urge manutenere to ward off and in other record it be say Ecclesia who always  be infra lifetime to busy oneself always vice those inferior in rank nec be  law consonant quoth infra lifetime to step out per heedlessness jailer  of oneself exhaeredationem to bear seu ab action to drive back they be  discharge of purveyance for their own proper good and this be the ancient  commonlaw and so declare by diverse act of parliament and there be a Writ in  the register for their discharge in that behalf and this be not restrain by  the say Act of Henry for thereby it be provide that the purveyor shall observe  the statute for they provide so as where the purveyor be prohibit to purvey by  any statute the say Act of Henry set he not at liberty and true it be that  Ecclesiatical person have more and great liberty then other of the king  subject wherein so set down all will take up a whole volume of it self and to  set down no example agree not with the office of a expositor therefore some  few example shall be express and the studious reader leave to observe the rest  as he shall read they in our book and other authority of law if a man hold  land of tenement by reason whereof he ought upon election c to serve in a  temporal office if this man be make a ecclesiastical person within holy order  he ought not to be elect to any such office and if he be he may have the king  Writ for his discharge and the word of the Writ be observable king c come  secundum law experience royal power our men  England clergyman infra sacrifice  ordines agreed price and tale duty to pluck out non to withhold nec  as far as this to become used c and the reason thereof be express in the Writ  because law non be consonant quoth hii who health position air c in tali loco  c to serve zealously alibi extra the same locum of a saeculum pain  to turn the war thither by this writ it appear that this be the ancient  commonlaw and custom of England and have a sure foundation nemo military man  a god to infold see pain of a saeculum ut ei to please who see to make good  ecclesiastical person have this privilege that they ought not in person to  serve in war also ecclesiastical person ought to be quit and discharge of  Tolles and custom avirage pontage paviage and the like for their  ecclesiastical good and if they be molest therefore they have a writ for their  discharge by which writ it appear that this be the ancient commonlaw of  England king c come personae Church rites  secundum experience as far as this  in royal power our men  v. freq. dep. to assent to ac and customs post  paviagium muragium c de good n'est Church rites  somewhere in  to the same place royal power praestand not at all to hold c if any  ecclesiastical person be in fear or doubt that his good or chattel or beast or  the good of his farmor c shall be take by the minister of the king for the  business of the king he may purchase a protection come clause  not distress  shall not be take by sheriff or other of the king minister in the inheritance  of the church wherewith it be ancient endow but otherwise it be of late  purchase if any ecclesiastical person knowledge a statute merchant or statute  staple or a recognizance in the nature of a statute staple his body shall not  be take by force of any process thereupon and for more surety thereof the writ  thereupon to take the body of the conusor be si layman sit if a person be bind  in a recognizance in the chancery or in any other court c and he pay not the  sum at the day by the commonlaw if the person have nothing but ecclesiastical  good the recognizee can not have have a to lift up fac to the sheriff to levy  the same of these good but the writ ought to be direct to the bishop of the  diocese to levy the same of his ecclesiastical good in a action bring against  a person wherein a capias lie for example a account the sheriff return quoth  clergyman be status of beneficiarius no one to have layman fee in which he may  be summon in this case the plaintiff can have a capias to the sheriff to take  the body of the person but he shall have a writ to the bishop to cause the  person to come and appear but if he have return quoth clergyman be no one  to have layman fee then be a capias to be grant to the sheriff for that it  appear not by the return that he have a benefice so as he may be warn by the  bishop his diocesan and no man can be exempt from justice see more of this  matter Artic allotment of land cap secundum law experience royal power England  clergyman in decenna c to put down non to withhold well she occasion  to draw asunder well to disturb non to become used and ecclesiastical person  be not bind to appear at turn or view of frankpledge but hereof this little  taste shall in this place suffice with this that as the over flow of water do  many time make the river to lose his proper channel so in time pass  ecclesiastical person seek to extend their liberty beyond their true bind  either lose or enjoy not that which of right belong to they we have grant also  and give to all freeman of our realm c these word omnibus book man royal power  do include all person ecclesiastical and temporal and temporal incorporate  politic or natural nay they extend also to villain for they be account free  against all man save against the lord these liberty under write here it be to  be observe that the aforesaid clause that concern the church only be in favour  of the church general without any restraint but this clause that concern all  the king subject have a restraint by reason of this word write below which  restrain freedom to the chapter of this magnacarta note that court of justice  be also call freedom because in they the law of the realm and book fanciunt be  administer heir at this time haeredes be take for successor and successor for  haeredes of they in this place these word be not insert to make a legal tenure  of the king but to intimate that all liberty at the first be derive from the  crown chapter if any of our earl or baron or any other which hold of they in  chief by knight service die and at the time of his death his heir be of full  age and owe to we relief he shall have his inheritance by the old relief that  be to say the heir or heir of a earl for a whole earldom by one hundred pound  the heir or heir of a baron for a whole barony by one hundred mark the heir or  heir of a knight for one whole knight fee one hundred shilling at the most and  he that have less shall give less accord to the old custom of the fee if any  of our earl or baron at this time there be never a duke marquis or viscount in  England for if there have be they have no doubt be nam in this chapter the  first duke that be create since the Conquest be Edward the black prince in  Edward Robert de veer earl of Oxford be in the year of Richard the second  create marquis of Dublin in Ireland and he be the first marquis that any of  our king create the first viscount that I find of record and that late in  parliament by that name be John Beaumont who in the year of h be create  viscount Beaumont earl to say comites videlicet because in county  sive a  joint pursuit nomen to take who now too form to be able consul a  to meet and consider Reges for tale Himself goes with and to meet and consider  to keep straight poplar tree God to order eos in great honor potestate nomin  when to gird to eos gladius swordbelt a sword c gladius autem signify  a defending royal power native land baron are some  to be able sub king who  to say baron hoc be robur pretty and where some have think that Baro be no  Latin word we find it in Tully epistle at Patronem et elsewhere baron te in  maxima agreeableness to put down galfridus Cornwall tenet manor de Burford de  king per slavery baron but it be to be understand that if the king give land  to one and his heir tenant de king per slavery baron he be no lord of  parliament until he be call by Writ to the parliament these which be earl and  baron have office and duty annex to their dignity of great trust and  confidence for two purpose and to meet and consider tempore peace and  to ward off king native land tempore pretty and prudent antiquity have give  unto they two ensign to resemble and to put they in mind of their duty for  first they have a honourable and long robe of scarlet resemble counsel in  respect whereof they be account in law de great council king they be gird with  a sword that they shall ever be ready to defend their king and country and it  be to be observe that in ancient record the barony under one word include all  the nobility of England because regular all nobleman be baron though they have  a high dignity and therefore of the charter of king Edward the first in the  exposition of this chapter hereafter mention the conclusion be witness  archbishop bishop baron c so place in respect that baron include the whole  nobility and the great Council of the nobility when there be beside earl and  baron duke and marquis be all comprehend under the name de la Council de  baronage or any other which hold of they in chief it be worthy of observation  with what great judgement this statute concern relief be pen for by the Act of  parliament call the assize of Clarendon year  Henry year  domini it be thus  enact archbishop Episcopi whole world personae royal power who de king tenent  in capite to have possession urge de king as baron ind to answer justice  female attendant king as the other baron to withhold interest curiae king come  baron c therefore this chapter begin si quis comrade well baron so as as to  relief of a earl or baron it be not material that he have baron unless he be  noble that be earl or baron and other be not noble but hold in capite shall  pay relief accord to the knight fee which he have see hereafter cap who shall  be say to hold in capite by knight service for this see the first part of the  institute sect whereunto you may add this record follow per Assisam Johannes  de moyse who be infra summer implead Thom de Weylaund Marg ux he pro  to make one messuag two a millingplace four promontory  prati xlii S read in  Eastsmithfield stand out or forth algates Self voc and war Rad de Berners who  war dic quoth nothing proclaim nisi guard eastern quoth Johannes pater speech  John to hold de eastern prediction ten per homag servic way d to come upon  a certain a human being pro eastern in tower London come arcubus arrow per  forty die tempore war Johannes dic quoth tenet ten pillage per homage slavery  quorundam calcarior well way d pro omni servic et such to let go many men  ex  a bag of hide part manifest to stand open per verd Jur per Jud Cur quid in  here ass a boundary to be Veredictum Jur dic quoth prediction ten tenent de  prediction radulpho per homage servic One parish calcarioru gilder well sex  den into quend a human being pro Self radulpho in tower land come arcub sagit  per forty die tempore war in boreal angle tower prediction pro omni servic the  judgement et because experience be c quoth radulfus  understand  in responc  quoth predict herestenere debet by the same route ten per pradict homag servic  predict calcar well sex denar per serjantiA inveniedi One a human being pro  eastern in pillage tower per forty die manifest to be fluid quoth huodi  those inferior in rank serjantiae who to withhold fieri pro owner n'est de who  tenent property to sew per elsewhere how he himself no one ind to hand over  custodian eisde owner nec dare to withhold although the same domini infra  lifetime heir per heedlessness near parent hujusmodi watch  to take into possession this Radulpus non to be able to dedicate quoth ever  largely to have seisinam de predict guard nisi per occupation to sew  heedlessness parent predict heir he that goes before Himself dumb infra  lifetime to be non elsewhere jure thought out be quoth predict Johannes rec  ind seize c damn cx l go S seven d c valour land per annum ten ten l ten d see  the first part of the institute sect and note the diversity between such a  tenure of the king for in that case it shall be a tenure by grand sergeant and  that grand sergeant for the great part be to be do within the realm and knight  service out of the realm as Littleton there say full age see the first part of  the institute sect the old relief that be to say c concern the word remedy  vide part Institut sect it appear that the relief here set down be the ancient  relief and be certain at the commonlaw but there have be of long time a heavy  encroachment of a incertain relief at will and pleasure which under a fair  term be call the pure milk of reason remedy and this Act have just cause to  say per antiquity remedy for in the reign of Henry grandfather to Henry the  king exact a incertain relief for so Glanville say who write in his time de  Baroniis yes nothing that which is fixed to cause to stand be because juxta  will pity domini king solent baron capital de releviis n'est lord king  to give satisfaction and Glanville under the name of barony do include earldom  also so the relief of all the nobility be take as incertain at that time and  therefore how necessary it be that the ancient relief shall be restore be  evident that be to say the heir or heir of this word heir see the first part  of the institute sect whereunto you may add that which be there omit concern  the antiquity of descent which the germane have agreeable with the ancient law  of the Briton continue in England to this day out of that faithful and learned  historian who of the ancient germane say haeredes successoresq Himself  whoever it be unconstrained no one will si unconstrained non are neighbor  gradus in possession brother severe reprover maternal uncle c wherein we  observe three thing that for default of child and brother the uncle c and not  the father or any in the right line ascendent shall inherit but the collateral  only that by the commonlaw no testament or last will can be make of land that  of ancient time successor be Synoyma with haeredes but in this ancient statute  it be pertinent say haeres and not successor for every bishop of England have  a barony and so have many abbot and prior in respectwhereof they be lord of  parliament and yet they pay no relief because their successor come to it by  succession and not as heir by inheritance and this Act say to have heir to sew  and they be seize in jure bishopric monastery c de county  fresh troops  de  baronia untouched the baron in Domesday be account among the tenant in chief  vide Glanv lib cap great Charta cap it be to be understand that of ancient  time as it evident appear by this chapter and by our book every earldom and  barony be hold of the king in capite which prove that both the dignity of the  earl and the baron and the earldom and barony be derive from the crown a and  it be to be know that the four part of the yearly valus of a earldom a barony  and the live of a knight be the ancient relief that this chapter speak of and  for that of ancient timeb a knight live be esteem at l per and which in those  day be sufficient to maintain the dignity of a knight his ancientc relief be l  which be the four part of his live by one year the yearly valve of a barony be  to consist of knight fee and a quarter which by just account amount to mark by  the year therefore his relief be as be here set down mark see a ancient  manuscript entitle de modus to hold parliament c tempore king eduvardi son  king ethelderedi who indeed  modus suit perdiscretiores royal power in person  William duce normannorum Conquestore king England Self conquestore hoc tempore  subst. read aloud per Self approve c of the authority and antiquity whereof  you may read in the four part of the institute cap of the court of parliament  et hic infra now every earldom consist of the valve of a entire barony and a  half which amount to knight fee amount to l per annum and therefore his  ancient relief here call antiquity remedy be the four part of the yearly valve  of his earldom be l in that excellent charter which king h make on the day of  his coronation common council assent baron royal power England among other  thing it be thus contain all evil custom who kingdom England opprimeba ind  to take away quas evil custom thence to put below si quis baron  an umbelliferous plant comrade five another who de I tenet corpse to be haeres  swine non to buy back earth to sew as to make tempore brother urinate say  fixed by law justice relevatione to life up she as man baron  an umbelliferous plant fixed by law justice relevatione relevabu land urge a  owner n'est c law king Edward thou  To give back come strike against  correction who pater of me to free from faults council baron of oneself by  this charter it appear that there be a lawful and just relief to be pay by the  earl and baron which imply a proportionable relief accord to the valve of the  live by reason of this word justice which can be intend of a uncertain relief  but of the just relief upon the computation of so many knight fee contain in  the modus whereunto this charter have relation it appear that there be a  unjust relief in the time of William Rufus his brother which upon search we  have find in a ancient manuscript in the library of arch bishop Parker which  we have see and will transcribe in that language that we find it de relief all  cunte and all roy afert chivals enfrenees ensebees Hauberts Hawmes escues  lance espees less aultres chaceurs palefrees a freins and chevestre de relief  a barun chivals less exfrenes enseeles hauberts hawmes escus espees lance less  autres chivals un chaceur un palfrey a freins a chevestres de relief a  vavassur a son lige senior doit estre quite per Le chival son pier tiel come  ill avoit jour de son mort per son hawme per son escu per son haubert per son  lance each thing to be disaparaile and ill noust chiual ne arm just quite per  c solemnize Le relief all villain Le meliour avoir and ill averad Chivals  Boefs vache durrad a son signior puis be tout less villain in frankpledge in  king Canute time scum comrade to be horse sellati insellati galeae lorice come  lance as many shield et gladii et CC maimed ear postea thani king who ei  neighbor sit horse sellati non sellati gladii lancee et as many scuta et galea  come lorica to sew et maimed ear et of middling size thani equus come  preparation his et arms  to sew et halstang in Westsexa c last this chapter of  great Charta be but a restitution and declaration of the ancient commonlaw and  that antiquity remedy of the earl and baron be certain so now join both  together this certain relief here set down be fixed by law justice antiquity  remedy mention in the modus c it be say that there be ancient precedent in the  exchequer that he that hold by a dukedom which be valve at two earl live shall  pay accord to the proportional and just four part of his live by year continue  livre and a mark that hold by a Marquedoome who shall have two barony shall  pay for his relief mark what the valve of the live of a viscount shall be I  have not hear but certain it be he shall pay the four part of the yearly valve  of his Viscountesdome but all this be to be intend where the king grant a  dukedom Marquesdome earldom Viscountesdome or barony to hold as here it be  speak de we in capite per slavery military man videlicet de county   fresh troops  de baronia untouched who minus to have minus debt secundum  ancient consuetudie fee but in some case the heir of a earl or a baron may pay  the relief express in this statute albeit he have not so many knight fee as be  above say so if upon the creation of the earl the king do grant any manor land  or annuity per county  nomin comrade or sub nomin honor comrade or the like he  shall pay c livre for relief and so of the baron different to move for a  special reservation may derogate from the commonlaw but otherwise it be if the  manor land or annuity be grant unto the earl ut idem come position honor  comrade well manutenere to convey to be able or and to hold up nomen et onus  or the like for then the earl hold not per county  or nomin comrade but now  the ancient manner of creation be alter for now when the king create a duke a  mark a earl a viscount or baron he seldom create a dukedom Marquisdome earldom  c and to hold up nomen onus videlicet to grant he manor land tenement c to  hold of he in chief for common upon creation the king grant to they create a  annuity and therefore at this day nobleman do pay such relief as other man use  to do in respect of their tenor for as the heir of a knight shall not pay  relief unless he have a knight fee c so the heir of a earl or baron shall not  pay relief by this magnacarta unless he have a earldom or barony as be  aforesaid one hundred shilling at the most and this be the ancient relief for  a knight fee and so be hold in the reign of Henry for Glanville say to say  autem the pure milk of reason remedy alicuj juxta experience royal power de  fee One soldier per centum solid figure so as the fee of a knight at that time  be certain videlicet the four part of his live per annum and so ought as  appear the relief of the nobility to have be in curtainty though they be not  permit to have it so which favour of the power of a conqueror to keep the  nobility under or to make himself the more amiable to they accord to the old  custom of the fee this be observable that these certain and proportionable  rate be accord to the ancient custom of relief a knight hold land by grand  sergeant he be not within this statute and therefore shall not pay the relief  of a knight declare by this act but the heir be of full age at the decease of  his ancestor shall pay the valve of his land for one year which be his primer  season but here it be demand see Littleton say that tenure by cornage if it be  of any other lord then the king be knight service what relief the heir of such  a tenant shall pay or whether he shall pay any relief at all Littleton in the  same place say that tenure by cornage draw unto it ward and marriage and speak  nothing of relief and by this act relief be to be pay accord to the quantity  of the knight fee videlicet de fee soldier fresh troops  per centum  solid figure who minus to have but a tenure by cornage have no such quantity  nec undertake majus minus and therefore tenure by cornage though it be knight  service be not within this statute hereof you may read a record to this effect  Inter Johan Craistoke to express grief versus fit de Leybourne who  to draw asunder Self per averia pro relevio to hand over pro terris in Dunston  Brampton yanene which Eseclyve et boulton who valent c livre per and who tenet  de she per homage et Cornagium et ipse to say quoth ankle be custom  native land de Westminster quoth haeredes post death he that goes before  of oneself to withhold to life up land urge owner de who c scilicet solvendo  pro relevio quantum terrae valent per annum who de Self owner to hold nisi de  those inferior in rank Self owner to be able to give satisfaction unde self  advocate deception pro relevio secundum prediction experience c Johannes  negate ankle be experience say  to go away quoth tenet property be in charge    dictam per Cornag twenty five S way d et to say quoth he that goes before  Himself prius duplicarunt antecessor Self fit solvendo livre S Ipsa to say  quoth come Johannes cogn quoth ipse tenet prediction ten de self per cornagiu  and quoth hujusmodi remedy mere be accessor ration consue prediction et dic  quoth idem Johannes to drive out tale remedy versus to hold swine in  by the same route native land a tempore quo non c et de consue uterq pon see  super native land therefore ven Jur in cro S John baptizer c insuper Idonea  dic quoth duplex be tenure in Com Westmerl scilicet One per Alba of Firmum et  other per Cornagium et quoth to hold per Elbe strong post death  he that goes before of oneself to withhold to double strong to sew so much et  to hold per Cornagium post death precede of oneself to hold reddere valor  the earth a people of India One striving et Johannes e contra dic quoth custom  native land be quoth haeredes non to loosen nisi to double Cornaginm c Bracton  livre foe cap nu et imprimis de fee military quale sit the pure milk of reason  remedy antiquity de fee military to separate in Carta freedom cap.2.&c and in  the same chapter nu say thus de serjantiis yes nothing that which is fixed  to press out quid well quantum dare to withhold haeredes therefore juxta will  a master owner to give satisfaction pro relevio dumb yet Self domini account  measure non to certain it be that he that hold by castle guard shall pay no  escuage for escuage must be rate accord to the quantity of the knight fee as  for a whole knight fee or half a knight fee c and of that nature be not castle  guard Littleton treat of castle guard say that in all case where a man hold by  knight service such service draw to it ward and marriage and speak not there  of relief