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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 du
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