taken for public use without just compensation.
ARTICLE VI.

In all criminal prosecutions the accused shall enjoy the right to
a speedy and public trial, by an impartial jury of the state and
district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favour, and to have the assistance of counsel for his
defence.

ARTICLE VII.

In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury shall be otherwise reexamined in any court of the
United States, than according to the rules of the common law.

ARTICLE VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.

ARTICLE IX.

The enumeration in the Constitution of certain rights shall not be
construed to deny or disparage others retained by the people.

ARTICLE X.[18]

The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively or to the people.

ARTICLE XI.[19]

The judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against
one of the United States by citizens of another State, or by citizens
or subjects of any foreign State.

ARTICLE XII.[20]

1. The electors shall meet in their respective States and vote by
ballot for President and Vice-President, one of whom, at least, shall
not be an inhabitant of the same State with themselves; they shall
name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice-President, and they
shall make distinct lists of all persons voted for as President and of
all persons voted for as Vice-President, and of the number of votes
for each; which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the
presence of the Senate and House of Representatives, open all the
certificates and the votes shall then be counted. The person having the
greatest number of votes for President shall be the President, if such
number be a majority of the whole number of electors appointed; and if
no person have such majority, then from the persons having the
highest numbers not exceeding three on the list of those voted for as
President, the House of Representatives shall choose immediately, by
ballot, the President. But in choosing the President the votes shall
be taken by States, the representation from each State having one
vote; a quorum for this purpose shall consist of a member or members
from two thirds of the States, and a majority of all the States shall
be necessary to a choice. And if the House of Representatives shall
not choose a President whenever the right of choice shall devolve
upon them, before the fourth day of March next following, then the
Vice-President shall act as President, as in the case of the death or
other constitutional disability of the President.


[Footnote 18: Compare Amendment X. with Confed. Art. II.]

[Footnote 19: Proposed by Congress March 5, 1794, and declared in force
Jan, 8, 1798.]

[Footnote 20: Proposed by Congress Dec. 12, 1803, and declared in force
Sept. 25, 1804.]

2. The person having the greatest number of votes as Vice-President
shall be the Vice-President, if such number be a majority of the whole
number of electors appointed; and if no person have a majority, then
from the two highest numbers on the list the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two thirds
of the whole number of Senators, and a majority of the whole number
shall be necessary to a choice.

3. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the United
States.

ARTICLE XIII.[21]

1. Neither slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted, shall
exist within the United States or any place subject to their
jurisdiction.

2. Congress shall have power to enforce this article by appropriate
legislation.

ARTICLE XIV.[22]

1. All persons born or naturalized in the United States, and

[Footnote 21: Proposed by Congress Feb. 1, 1865, and declared in force
Dec. 18, 1865.]

[Footnote 22: Proposed by Congress June 16, 1866, and declared in force
July 28, 1868.] subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due process
of law; nor deny to any person within its jurisdiction the equal
protection of the laws.

2. Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of
persons in each State, excluding Indians not taxed. But when the right
to vote at any election for the choice of electors for President and
Vice-President of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of the
legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the United
States, or in any way abridged, except for participation in rebellion,
or other crime, the basis of representation therein shall be reduced
in the proportion which the number of such male citizens shall bear
to the whole number of male citizens twenty-one years of age in such
State.

S. No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office, civil
or military, under the United States or under any State, who, having
previously taken an oath as a member of Congress, or as an officer of
the United States, or as a member of any State legislature, or as
an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection
or rebellion against the same, or given aid or comfort to the enemies
thereof. But Congress may, by a vote of two thirds of each house,
remove such disability.

4. The validity of the public debt of the United States, authorized by
law, including debts incurred for payment of pensions and bounties
for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume
or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations, and claims
shall be held illegal and void.

5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article. ARTICLE XV. [23]

[Footnote 23: Proposed by Congress Feb. 26, 1869, and declared in force
March 30, 1870.]

1. The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any State on account of
race, colour, or previous condition of servitude.

2. The Congress shall have power to enforce this article by
appropriate legislation.

*       *       *       *       *

FRANKLIN'S SPEECH ON THE LAST DAY OF THE CONSTITUTIONAL CONVENTION [24]

[Footnote 24: From Madison's _Journal_, in Eliot's _Debates_,
vol. v. p. 554.]

MONDAY, _September_ 17. _In Convention_--The engrossed
Constitution being read, Doctor Franklin rose with a speech in his
hand, which he had reduced to writing for his own convenience, and
which Mr. Wilson read in the words following:

MR. PRESIDENT: I confess that there are several parts of this
Constitution which I do not at present approve, but I am not sure I
shall never approve them. For, having lived long, I have experienced
many instances of being obliged by better information, or fuller
consideration, to change opinions even on important subjects which I
once thought right, but found to be otherwise. It is therefore that, the
older I grow, the more apt I am to doubt my own judgment, and to pay
more respect to the judgment of others. Most men, indeed, as well as
most sects in religion, think themselves in possession of all truth, and
that wherever others differ from them it is so far error. Steele, a
Protestant, in a dedication tells the Pope that the only difference
between our churches, in their opinions of the certainty of their
doctrines, is, 'the Church of Rome is infallible, and the Church of
England is never in the wrong.' But though many private persons think
almost as highly of their own infallibility as of that of their sect,
few express it so naturally as a certain French lady who, in a dispute
with her sister, said, 'I don't know how it happens, sister, but I meet
with nobody but myself that is always in the right--_il n'y a que moi
qui a toujours raison.' In these sentiments, sir, I agree to this
Constitution, with all its faults, if they are such, because I think a
General Government necessary for us, and there is no form of government
but what may be a blessing to the people if well administered; and
believe further, that this is likely to be well administered for a
course of years, and can only end in despotism, as other forms have done
before it, when the people shall become so corrupted as to need despotic
government, being incapable of any other. I doubt, too, whether any
other Convention we can obtain may be able to make a better
Constitution. For when you assemble a number of men to have the
advantage of their joint wisdom, you inevitably assemble with those men
all their prejudices, their passions, their errors of opinion, their
local interests, and their selfish views. From such an assembly can a
perfect production be expected? It, therefore, astonishes me, sir, to
find this system approaching so near to perfection as it does: and I
think it will astonish our enemies, who are waiting with confidence to
hear that our councils are confounded, like those of the builders of
Babel, and that our States are on the point of separation, only to meet
hereafter for the purpose of cutting one another's throats. Thus I
consent, sir, to this Constitution because I expect no better, and
because I am not sure that it is not the best. The opinions I have had
of its errors I sacrifice to the public good. I have never whispered a
syllable of them abroad. Within these walls they were born and here they
shall die. If every one of us, in returning to our constituents, were to
report the objections he has had to it, and endeavour to gain partisans
in support of them, we might prevent its being generally received, and
thereby lose all the salutary effects and great advantages resulting
naturally in our favour among foreign nations as well as among
ourselves, from our real or apparent unanimity. Much of the strength and
efficiency of any government, in procuring and securing happiness to the
people, depends on opinion--on the general opinion of the goodness of
the government as well as of the wisdom and integrity of its governors.
I hope, therefore, that for our own sakes, as a part of the people, and
for the sake of posterity, we shall act heartily and unanimously in
recommending this Constitution (if approved by Congress and confirmed by
the Conventions) wherever our influence may extend, and turn our future
thoughts and endeavours to the means of having it well administered. On
the whole, sir, I cannot help expressing a wish that every member of the
Convention who may still have objections to it would, with me, on this
occasion doubt a little of his own infallibility, and, to make manifest
our unanimity, put his name to this instrument.

He then moved that the Constitution be signed by the members, and
offered the following as a convenient form, viz.: "Done in Convention
by the unanimous consent of _the States_ present the seventeenth
of September, etc. In witness whereof we have hereunto subscribed
our names." This ambiguous form had been drawn up by Mr. Gouverneur
Morris, in order to gain the dissenting members, and put into the
hands of Doctor Franklin, that it might have the better chance of
success. [Considerable discussion followed, Randolph and Gerry stating
their reasons for refusing to sign the Constitution. Mr. Hamilton
expressed his anxiety that every member should sign. A few characters
of consequence, he said, by opposing or even refusing to sign the
Constitution, might do infinite mischief by kindling the latent sparks
that lurk under an enthusiasm in favour of the Convention which may
soon subside. No man's ideas were more remote from the plan than his
own were known to be; but is it possible to deliberate between anarchy
and convulsion on one side, and the chance of good to be expected from
the plan on the other? This discussion concluded, the Convention voted
that its journal and other papers should be retained by the President,
subject to the order of Congress.] The members then proceeded to sign
the Constitution as finally amended. The Constitution being signed by
all the members except Mr. Randolph, Mr. Mason, and Mr. Gerry, who
declined giving it the sanction of their names, the Convention
dissolved itself by an adjournment sine die.

Whilst the last members were signing, Doctor Franklin, looking towards
the President's chair, at the back of which a rising sun happened to
be painted, observed to a few members near him that painters had found
it difficult to distinguish in their art a rising from a setting sun.
I have, said he, often and often, in the course of the session, and
the vicissitudes of my hopes and fears as to its issue, looked at that
behind the President without being able to tell whether it was rising
or setting; but now, at length, I have the happiness to know that it
is a rising, and not a setting, sun.




APPENDIX C.


MAGNA CHARTA.[25]

[Footnote 25: I have, by permission, reproduced the _Old South
Leaflet_, with its notes, etc., in full.]

OR THE GREAT CHARTER OF KING JOHN, GRANTED JUNE 15, A.D. 1215.

JOHN, by the Grace of God, King of England, Lord of Ireland, Date of
Normandy, Aquitaine, and Count of Anjou, to his Archbishops, Bishops,
Abbots, Earls, Barons, Justiciaries, Foresters, Sheriffs, Governors,
Officers, and to all Bailiffs, and his faithful subjects, greeting.
Know ye, that we, in the presence of God, and for the salvation of
our soul, and the souls of all our ancestors and heirs, and unto the
honour of God and the advancement of Holy Church, and amendment of
our Realm, by advice of our venerable Fathers, Stephen, Archbishop
of Canterbury, Primate of all England and Cardinal of the Holy Roman
Church: Henry, Archbishop of Dublin; William, of London; Peter, of
Winchester; Jocelin of Bath and Glastonbury; Hugh, of Lincoln; Walter,
of Worcester; William, of Coventry: Benedict, of Rochester--Bishops:
of Master Pandulph, Sub-Deacon and Familiar of our Lord the Pope;
Brother Aymeric, Master of the Knights-Templars in England; and of the
noble Persons, William Marescall, Earl of Pembroke; William, Earl of
Salisbury; William, Earl of Warren; William, Earl of Arundel; Alan de
Galloway, Constable of Scotland; Warin FitzGerald, Peter FitzHerbert,
and Hubert de Burgh, Seneschal of Poitou; Hugh de Neville, Matthew
FitzHerbert, Thomas Basset, Alan Basset, Philip of Albiney, Robert
de Roppell, John Mareschal, John FitzHugh, and others, our liegemen,
have, in the first place, granted to God, and by this our present
Charter confirmed, for us and our heirs for ever:--

1. That the Church of England shall be free, and have her whole rights,
and her liberties inviolable; and we will have them so observed, that it
may appear thence that the freedom of elections, which is reckoned chief
and indispensable to the English Church, and which we granted and
confirmed by our Charter, and obtained the confirmation of the same from
our Lord the Pope Innocent III., before the discord between us and our
barons, was granted of mere free will; which Charter we shall observe,
and we do will it to be faithfully observed by our heirs for ever.

2. We also have granted to all the freemen of our kingdom, for us and
for our heirs for ever, all the underwritten liberties, to be had and
holden by them and their heirs, of us and our heirs for ever: If
any of our earls, or barons, or others, who hold of us in chief by
military service, shall die, and at the time of his death his heir
shall be of full age, and owe a relief, he shall have his inheritance
by the ancient relief--that is to say, the heir or heirs of an earl,
for a whole earldom, by a hundred pounds; the heir or heirs of a
baron, for a whole barony, by a hundred pounds; the heir or heirs of a
knight, for a whole knight's fee, by a hundred shillings at most; and
whoever oweth less shall give less, according to the ancient custom of
fees.

3. But if the heir of any such shall be under age, and shall be in
ward, when he comes of age he shall have his inheritance without
relief and without fine.

4. The keeper of the land of such an heir being under age, shall
take of the land of the heir none but reasonable issues, reasonable
customs, and reasonable services, and that without destruction and
waste of his men and his goods; and if we commit the custody of any
such lands to the sheriff, or any other who is answerable to us for
the issues of the land, and he shall make destruction and waste of the
lands which he hath in custody, we will take of him amends, and the
land shall be committed to two lawful and discreet men of that fee,
who shall answer for the issues to us, or to him to whom we shall
assign them; and if we sell or give to any one the custody of any such
lands, and he therein make destruction or waste, he shall lose the
same custody, which shall be committed to two lawful and discreet men
of that fee, who shall in like manner answer to us as aforesaid.

5. But the keeper, so long as he shall have the custody of the land,
shall keep up the houses, parks, warrens, ponds, mills, and other
things pertaining to the land, out of the issues of the same land; and
shall deliver to the heir, when he comes of full age, his whole land,
stocked with ploughs and carriages, according as the time of wainage
shall require, and the issues of the land can reasonably bear.

6. Heirs shall be married without disparagement, and so that before
matrimony shall be contracted, those who are near in blood to the heir
shall have notice. 7. A widow, after the death of her husband, shall
forthwith and without difficulty have her marriage and inheritance;
nor shall she give anything for her dower, or her marriage, or her
inheritance, which her husband and she held at the day of his death;
and she may remain in the mansion house of her husband forty days
after his death, within which time her dower shall be assigned.

8. No widow shall be distrained to marry herself, so long as she has a
mind to live without a husband; but yet she shall give security that
she will not marry without our assent, if she hold of us; or without
the consent of the lord of whom she holds, if she hold of another.

9. Neither we nor our bailiffs shall seize any land or rent for any
debt so long as the chattels of the debtor are sufficient to pay the
debt; nor shall the sureties of the debtor be distrained so long
as the principal debtor has sufficient to pay the debt; and if the
principal debtor shall fail in the payment of the debt, not having
wherewithal to pay it, then the sureties shall answer the debt; and
if they will they shall have the lands and rents of the debtor, until
they shall be satisfied for the debt which they paid for him, unless
the principal debtor can show himself acquitted thereof against the
said sureties.

10. If any one have borrowed anything of the Jews, more or less, and
die before the debt be satisfied, there shall be no interest paid for
that debt, so long as the heir is under age, of whomsoever he may
hold; and if the debt falls into our hands, we will only take the
chattel mentioned in the deed.

11. And if any one shall die indebted to the Jews, his wife shall
have her dower and pay nothing of that debt; and if the deceased left
children under age, they shall have necessaries provided for them,
according to the tenement of the deceased; and out of the residue the
debt shall be paid, saving, however, the service due to the lords, and
in like manner shall it be done touching debts due to others than the
Jews.

12. _No scutage or aid[26] shall be imposed in our kingdom, unless
by the general council of our kingdom_; except for ransoming our
person, making our eldest son a knight, and once for marrying our
eldest daughter; and for these there shall be paid no more than a
reasonable aid. In like manner it shall be concerning the aids of the
City of London.

[Footnote 26: In the time of the feudal system _scutage_ was a
direct tax in commutation for military service; _aids_ were
direct taxes paid by the tenant to his lord for ransoming his person
if taken captive, and for helping defray the expenses of knighting his
eldest son and marrying his eldest daughter.]

13. And the City of London shall have all its ancient liberties and
free customs, as well by land as by water: furthermore, we will and
grant that all other cities and boroughs, and towns and ports, shall
have all their liberties and free customs.

14. _And for holding the general council of the kingdom concerning
the assessment of aids, except in the three cases aforesaid, and
for the assessing of scutages, we shall cause to be summoned the
archbishops, bishops, abbots, earls, and greater barons of the realm,
singly by our letters. And furthermore, we shall cause to be summoned
generally, by our sheriffs and bailiffs, all others who hold of us
in chief, for a certain day, that is to say, forty days before their
meeting at least, and to a certain place; and in all letters of such
summons we will declare the cause of such summons. And summons being
thus made, the business shall proceed on the day appointed, according
to the advice of such as shall be present, although all that were
summoned come not._

15. We will not for the future grant to any one that he may take aid
of his own free tenants, unless to ransom his body, and to make his
eldest son a knight, and once to marry his eldest daughter; and for
this there shall be only paid a reasonable aid.

16. No man shall be distrained to perform more service for a knight's
fee, or other free tenement, than is due from thence.

17. Common pleas shall not follow our court, but shall be holden in
some place certain.

18. Trials upon the Writs of Novel Disseisin,[27] and of Mort
d'ancestor,[28] and of Darrein Presentment,[29] shall not be taken but
in their proper counties, and after this manner: We, or if we should
be out of the realm, our chief justiciary, will send two justiciaries
through every county four times a year, who, with four knights of each
county, chosen by the county, shall hold the said assizes[30] in the
county, on the day, and at the place appointed.

[Footnote 27: Dispossession.]

[Footnote 28: Death of the ancestor; that is, in cases of disputed
succession to land.]

[Footnote 29: Last presentation to a benefice.]

[Footnote 30: The word Assize here means an assembly of knights or
other substantial persons, held at a certain time and place where
they sit with the Justice. 'Assisa' or 'Assize' is also taken
for the court, place, or time at which the writs of Assize are
taken.--_Thompson's Notes._]

19. And if any matters cannot be determined on the day appointed
for holding the assizes in each county, so many of the knights and
freeholders as have been at the assizes aforesaid shall stay to decide
them as is necessary, according as there is more or less business.

20. A freeman shall not be amerced for a small offence, but only
according to the degree of the offence; and for a great crime
according to the heinousness of it, saving to him his contenement;[31]
and after the same manner a merchant, saving to him his merchandise.
And a villein shall be amerced after the same manner, saving to him
his wainage, if he falls under our mercy; and none of the aforesaid
amerciaments shall be assessed but by the oath of honest men in the
neighbourhood.

[Footnote 31: "That by which a person subsists and which is essential
to his rank in life."]

21. Earls and barons shall not be amerced but by their peers, and
after the degree of the offence.

22. No ecclesiastical person shall be amerced for his lay tenement,
but according to the proportion of the others aforesaid, and not
according to the value of his ecclesiastical benefice.

23. Neither a town nor any tenant shall be distrained to make bridges
or embankments, unless that anciently and of right they are bound to
do it.

24. No sheriff, constable, coroner, or other our bailiffs, shall hold
"Pleas of the Crown." [32]

[Footnote 32: These are suits conducted in the name of the Crown
against criminal offenders.]

25. All counties, hundreds, wapentakes, and trethings, shall stand at
the old rents, without any increase, except in our demesne manors.

26. If any one holding of us a lay fee die, and the sheriff, or our
bailiffs, show our letters patent of summons for debt which the dead
man did owe to us, it shall be lawful for the sheriff or our bailiff
to attach and register the chattels of the dead, found upon his lay
fee, to the amount of the debt, by the view of lawful men, so as
nothing be removed until our whole clear debt be paid; and the rest
shall be left to the executors to fulfil the testament of the dead;
and if there be nothing due from him to us, all the chattels shall
go to the use of the dead, saving to his wife and children their
reasonable shares.[33]

[Footnote 33: A person's goods were divided into three parts, of which
one went to his wife, another to his heirs, and a third he was at
liberty to dispose of. If he had no child, his widow had half; and if he
had children, but no wife, half was divided amongst them. These several
sums were called "reasonable shares." Through the testamentary
jurisdiction they gradually acquired, the clergy often contrived to get
into their own hands all the residue of the estate without paying the
debts of the estate.]

27. If any freeman shall die intestate, his chattels shall be
distributed by the hands of his nearest relations and friends, by view
of the Church, saving to every one his debts which the deceased owed
to him.

28. No constable or bailiff of ours shall take corn or other chattels
of any man unless he presently give him money for it, or hath respite
of payment by the goodwill of the seller.

29. No constable shall distrain any knight to give money for
castle-guard, if he himself will do it in his person, or by another
able man, in case he cannot do it through any reasonable cause. And if
we have carried or sent him into the army, he shall be free from such
guard for the time he shall be in the army by our command.

30. No sheriff or bailiff of ours, or any other, shall take horses
or carts of any freeman for carriage, without the assent of the said
freeman.

31. Neither shall we nor our bailiffs take any man's timber for our
castles or other uses, unless by the consent of the owner of the
timber.

32. We will retain the lands of those convicted of felony only one
year and a day, and then they shall be delivered to the lord of the
fee.[34]

[Footnote 34: All forfeiture for felony has been abolished by the 33
and 34 Vic., c. 23. It seems to have originated in the destruction
of the felon's property being part of the sentence, and this "waste"
being commuted for temporary possession by the Crown.]


33. All kydells[35] (wears) for the time to come shall be put down in
the rivers of Thames and Medway, and throughout all England, except
upon the sea-coast.

[Footnote 35: The purport of this was to prevent inclosures of common
property, or committing a "Purpresture." These wears are now called
"kettles" or "kettle-nets" in Kent and Cornwall.]

34. The writ which is called _praecipe_, for the future, shall not be
made out to any one, of any tenement, whereby a freeman may lose his
court.

35. There shall be one measure of wine and one of ale through our
whole realm; and one measure of corn, that is to say, the London
quarter; and one breadth of dyed cloth, and russets, and haberjeets,
that is to say, two ells within the lists; and it shall be of weights
as it is of measures.

36. _Nothing from henceforth shall be given or taken for a writ of
inquisition of life or limb, but it shall be granted freely, and not
denied._[36]

[Footnote 36: This important writ, or "writ concerning hatred and
malice," may have been the prototype of the writ of _habeas
corpus_, and was granted for a similar purpose.]

37. If any do hold of us by fee-farm, or by socage, or by burgage, and
he hold also lands of any other by knight's service, we will not have
the custody of the heir or land, which is holden of another man's fee
by reason of that fee-farm, socage,[37] or burgage; neither will we
have the custody of the fee-farm, or socage, or burgage, unless
knight's service was due to us out of the same fee-farm. We will not
have the custody of an heir, nor of any land which he holds of another
by knight's service, by reason of any petty serjeanty[38] by which he
holds of us, by the service of paying a knife, an arrow, or the like.

[Footnote 37: "Socage" signifies lands held by tenure of performing
certain inferior offices in husbandry, probably from the old French
word _soc_, a plough-share.]

[Footnote 38: The tenure of giving the king some small weapon of war in
acknowledgment of lands held.]

38. No bailiff from henceforth shall pat any man to his law[39] upon
his own bare saying, without credible witnesses to prove it.

[Footnote 39: Equivalent to putting him to his oath. This alludes to
the Wager of Law, by which a defendant and his eleven supporters or
"compurgators" could swear to his non-liability, and this amounted to
a verdict in his favour.]

39. _No freeman shall be taken or imprisoned, or disseised, or
outlawed, or banished, or any ways destroyed, nor will we pass upon
him, nor will we send upon him, unless by the lawful judgment of his
peers, or by the law of the land._

40. _We will sell to no man, we will not deny to any man, either
justice or right._

41. All merchants shall have safe and secure conduct, to go out of,
and to come into England, and to stay there and to pass as well by
land as by water, for buying and selling by the ancient and allowed
customs, without any unjust tolls; except in time of war, or when they
are of any nation at war with us. And if there be found any such in
our land, in the beginning of the war, they shall be attached, without
damage to their bodies or goods, until it be known unto us, or our
chief justiciary, how our merchants be treated in the nation at war
with us; and if ours be safe there, the others shall be safe in our
dominions.

42. It shall be lawful, for the time to come, for any one to go out
of our kingdom, and return safely and securely by land or by water,
saving his allegiance to us; unless in time of war, by some short
space, for the common benefit of the realm, except prisoners and
outlaws, according to the law of the land, and people in war with us,
and merchants who shall be treated as is above mentioned.[40]

[Footnote 40: The Crown has still technically the power of confining
subjects within the kingdom by the writ "ne exeat regno," though the
use of the writ is rarely resorted to.]

43. If any man hold of any escheat,[41] as of the honour of
Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats
which be in our hands, and are baronies, and die, his heir shall give
no other relief, and perform no other service to us than he would to
the baron, if it were in the baron's hand; and we will hold it after
the same manner as the baron held it.

[Footnote 41: The word _escheat_ is derived from the French
_escheoir_, to return or happen, and signifies the return of
an estate to a lord, either on failure of tenant's issue or on his
committing felony. The abolition of feudal tenures by the Act of
Charles II. (12 Charles II. c. 24) rendered obsolete this part and
many other parts of the Charter.]

44. Those men who dwell without the forest from henceforth shall not
come before our justiciaries of the forest, upon common, summons, but
such as are impleaded, or are sureties for any that are attached for
something concerning the forest.[42]

[Footnote 42: The laws for regulating the royal forests, and
administering justice in respect of offences committed in their
precincts, formed a large part of the law.]

45. We will not make any justices, constables, sheriffs, or bailiffs,
but of such as know the law of the realm and mean duly to observe it.

46. All barons who have founded abbeys, which they hold by charter
from the kings of England, or by ancient tenure, shall have the
keeping of them, when vacant, as they ought to have.

47. All forests that have been made forests in our time shall
forthwith be disforested; and the same shall be done with the
water-banks that have been fenced in by us in our time.

48. All evil customs concerning forests, warrens, foresters, and
warreners, sheriffs and their officers, water-banks and their keepers,
shall forthwith be inquired into in each county, by twelve sworn
knights of the same county, chosen by creditable persons of the same
county; and within forty days after the said inquest be utterly
abolished, so as never to be restored: so as we are first acquainted
therewith, or our justiciary, if we should not be in England.

49. We will immediately give up all hostages and charters delivered
unto us by our English subjects, as securities for their keeping the
peace, and yielding us faithful service.

50. We will entirely remove from their bailiwicks the relations of
Gerard de Atheyes, so that for the future they shall have no bailiwick
in England; we will also remove Engelard de Cygony, Andrew, Peter, and
Gyon, from the Chancery; Gyon de Cygony, Geoffrey de Martyn, and his
brothers; Philip Mark, and his brothers, and his nephew, Geoffrey, and
their whole retinue.

51. As soon as peace is restored, we will send out of the kingdom all
foreign knights, cross-bowmen, and stipendiaries, who are come with
horses and arms to the molestation of our people.