erest 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 claused of a more extensive and
more beneficent nature: they could not expect the concurrence of the
people without comprehending, together with their own, the interest 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 aids 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
free men 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 he 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 every one; 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 court-leet 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 up
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