the interest of the
barons; and had the charter contained nothing further, national
happiness and liberty had been very little promoted by it, as it would
only have tended to increase the power and independence of an order of
men who were already too powerful, and whose yoke might have become
more heavy on the people than even that of an absolute monarch. But
the barons, who alone drew and imposed on the prince this memorable
charter, were necessitated to insert in it other clauses of a more
extensive and more beneficent nature: they could not expect the
concurrence of the people without comprehending, together with their
own, the interests of inferior ranks of men; and all provisions which
the barons for their own sake were obliged to make in order to insure
the free and equitable administration of justice, tended directly to
the benefit of the whole community. The following were the principal
clauses of this nature:
It was ordained that all the privileges and immunities above
mentioned, granted to the barons against the King, should be extended
by the barons to their inferior vassals. The King bound himself not to
grant any writ empowering a baron to levy aid from his vassals except
in the three feudal cases. One weight and one measure shall be
established throughout the kingdom. Merchants shall be allowed to
transact all business without being exposed to any arbitrary tolls and
impositions; they and all freemen shall be allowed to go out of the
kingdom and return to it at pleasure; London and all cities and burghs
shall preserve their ancient liberties, immunities, and free customs;
aids shall not be required of them but by the consent of the great
council; no towns or individuals shall be obliged to make or support
bridges but by ancient custom; the goods of every freeman shall be
disposed of according to his will; if he die intestate, his heirs
shall succeed to them. No officer of the crown shall take any horses,
carts, or wood, without the consent of the owner. The king's courts of
justice shall be stationary, and shall no longer follow his person;
they shall be open to everyone; and justice shall no longer be sold,
refused, or delayed by them.
Circuits shall be regularly held every year; the inferior tribunals of
justice, the county court, sheriff's turn, and courtleet shall meet at
their appointed time and place; the sheriffs shall be incapacitated to
hold pleas of the crown, and shall not put any person upo
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