Archive for prison
The beleaguered head of the Catholic Church in Ireland Cardinal Sean
Brady has vowed to stay on as he attempted to distance himself from a
secret inquiry into one of the country’s most dangerous paedophiles.
Even though he was part of the 1975 investigation into allegations Father Brendan Smyth had attacked at least five children, the Cardinal blamed superiors for failing to stop the evil priest abusing over the next 20 years.
Rejecting growing demands for his resignation, he declared: “There’s no cloaking over or brushing under the carpet.
“We’re not hiding behind procedures. There was no desire on my part to cover up, it was to make sure that this abuse stopped.”
Cardinal Brady, who is due to retire in 2014, faced renewed and deepening demands to quit over the scandal after it emerged a then 14-year-old victim of Smyth’s warned him in secret interviews that it was likely the late priest was abusing five other named children.
“I was shocked, appalled and outraged when I first discovered in the mid-1990s that Brendan Smyth had gone on to abuse others,” he said.
Amid the clamour for his resignation, Church sources indicated an assistant would be appointed to support the Cardinal by the end of the year – at least two years after the request was first made. It is expected the coadjutor bishop will ultimately take over in the Armagh Archdiocese when the Cardinal retires aged 75.
The Primate – a canon lawyer and part-time diocesan secretary at the time – said he regretted some actions during the inquiry but insisted responsibility for the Smyth scandal does not lie with him. He blamed Fr Kevin Smith, the superior in Smyth’s Norbertine Order.
He also claimed that as a priest supporting the investigation, even under today’s rules which enforce mandatory reporting, he would not have been the person responsible for alerting authorities.
“I wasn’t scared or intimidated, not at all,” the Cardinal said.
“I took down everything I heard and referred it back to the people who were in a position to act.”
The Cardinal also claimed his role in the internal Church inquiry – officially recorded as note-taker – had been deliberately exaggerated and misrepresented in a BBC documentary aired last night.
“With others, I feel betrayed that those who had the authority in the Church to stop Brendan Smyth failed to act on the evidence I gave them. However, I also accept that I was part of an unhelpful culture of deference and silence in society and the Church, which thankfully is now a thing of the past,” he said.
Cardinal Brady, a boarding school teacher in Cavan at the time of the inquiry, was drafted in to record confidential interviews with victim Brendan Boland. He was told the names and addresses of another five victims.
Then a priest aged 33, he went on to conduct a second private interview with another victim to corroborate the allegations against Smyth. He did not tell the child’s parents.
Reports were then filed to his superior, the late Bishop Francis McKiernan of Kilmore.
“I deeply regret that those with the authority and responsibility to deal appropriately with Brendan Smyth failed to do so, with tragic and painful consequences for those children he so cruelly abused,” the Cardinal said.
Taoiseach Enda Kenny, who last year launched an unprecedented attack on the Church in the wake of a fifth damning inquiry into clerical abuse and agreed to close the Irish embassy in the Vatican, said the Cardinal should reflect on the new revelations.
Cardinal Brady has the backing of the Vatican’s chief investigator, Monsignor Charles J Scicluna, who said there is no reason for him to resign. Armagh Auxiliary Bishop Gerard Clifford also offered his support.
Three years ago, when explosive allegations about Cardinal Brady’s role in the canonical inquiry into Smyth emerged, he said he would resign if he found his actions or failings had led to another child being abused.
He attempted to qualify that today by saying he was referring specifically to responsibilities he had as a bishop.
“In 1975, I was not a bishop. I was not in that role,” he added.
Some children were abused by Smyth for years after the internal Church inquiry.
It was not until 1994 that Smyth was convicted in a Belfast court of 17 counts of sexual abuse. Three years later in Dublin, he pleaded guilty to another 74 counts of child sexual abuse. He died in prison in 1997.
Brendan Boland, who had been abused during the 1970s from the age of 12, gave the secret inquiry a list of other children he believed were victims – a boy and girl from Belfast and from Cavan, and another boy.
He was told by investigating priests to swear an oath of confidentiality during the Church inquiry which Cardinal Brady now insists was to protect him and ensure Smyth could not manipulate evidence.
The Cardinal accused the BBC of airing a misleading documentary which incorrectly reported his role in the inquiry and his response to the claims.
Late last year Cardinal Brady offered to apologise in person to Mr Boland following an undisclosed out-of-court settlement.
The Vatican press office declined to comment.
The BBC responded to the Cardinal’s claims, saying: “We stand by the programme, which accurately and impartially reports its findings.
“It has been made in accordance with BBC editorial guidelines and fairly represents the position of the Church.”
John Kelly, of the Irish Survivors of Child Abuse, said the Cardinal has failed, like most of the senior hierarchy, to grasp moral leadership.
“He instead reverted to the omerta position of his predecessors, which makes his current position untenable,” Mr Kelly said.
Be prepared… If you know an area is ripe for a riot but you can’t avoid traveling there, take some simple precautions to help protect yourself. First, be prepared for the worst; the unexpected can happen at any moment. Crowds are dangerous when they’re in an ugly mood and normally placid people can turn frenzied just by being in the presence of other frenzied people.
Wear dark clothes that minimize the amount of exposed skin (long pants and long-sleeved shirts) when going out. Do not wear clothing that could be interpreted as military or police wear in any way; avoid wearing anything that looks like a uniform.
Carry toothpaste with you. Smear it under your eyes if tear gas is released and you have nothing else available to protect you.
Take a motorcycle helmet with you. If bricks or other large items are being thrown about, at least you protect your vulnerable head.
Think about your possible escape routes and safe havens before anything actually happens. Crossroads are the best because you’ve got at least one road to race off down if rioters go crazy or the police start charging.
Carry small amounts of cash with you in case you need to quickly arrange transportation, pay off looters, or bribe police at a checkpoint.
If you’re traveling abroad, register with your country’s consulate and carry your passport and/or visa with you at all times. Even domestically, have ID and emergency contact information on you in case you are arrested or become unconscious.
Take your telephone, two if possible (one in your pocket and one in a bag). If one is lost or taken, you still have another one.
Look for homes that can serve as “safe houses”. If you can, talk to the owners first.
If you’re a woman and on your period, opt to use pads instead of tampons and make sure you have extras on you. If you get arrested, you don’t want to risk toxic shock syndrome in jail. You might also consider a menstrual cup.
Remain calm…. Riots bring intense emotions boiling to the surface, but if you want to survive one you’d be better off keeping your own emotions in check. Your adrenaline and survival instincts will kick in, but strive to think rationally and pursue safety methodically.
Have sugar candies on hand. Adrenalin will drain you of energy quickly and a sugar hit will help you move out faster.
Avoid confrontation by keeping your head down.
Walk at all times. If you run or move too quickly, you might attract unwanted attention.
Get inside and stay inside… Typically riots occur in the streets or elsewhere outside. Being inside, especially in a large, sturdy structure, can be your best protection to weather the storm such as a basement, sub-basement or sub-sub-basement or an interior doorway to hide from the mob.
Keep doors and windows locked, avoid watching the riot from windows or balconies, and try to move to inside rooms, where the danger of being hit by stones or bullets is minimized.
Try to find at least two possible exits in case you need to evacuate the building in a hurry.
Try to contact police or your country’s consulate to let them know where you are, and be on the lookout for signs of fire. If the building is set on fire get out quickly.
If rioters are targeting the building and gain entry, try to sneak out or hide.
Stay on the sidelines… If you’re caught up in a riot, don’t take sides. Try to look as inconspicuous as possible, and slowly and carefully move to the outside of the mob. Stay close to walls or other protective barriers if possible but try to avoid bottlenecks. These are areas where the crowd can be squashed into a tight place, such as tunnels, pillars, high fences and walls that go on for a long way.
If you’re caught up in a car… stay calm. Remain inside the car unless your car becomes a focus for the riot, in which case it risks being torched, smashed or rolled over. Calmly and swiftly leave it behind and get to safety if that happens.
If you have no alternative but to drive, keep to streets away from the rioting. Avoid all main routes and keep alert for news of where people are.
Don’t stop your car. If you’re lucky enough to have a car that you can drive away from the riot, drive quickly and try not to stop for anything until you’ve reached someplace you know is safe. If people seem to block your escape route; honk your horn, and carefully drive through or around them at a moderate speed, and they should get out of the way.
Driving towards police lines can be interpreted by the police as a preparation to use the car as a weapon against them. Police are trained and prepared to protect themselves against deadly threats meaning that you may be shot at if they think you are going to run them down with a car.
Activists’ fear of cars can be a reality as there have been numerous cases of irate non-participants running down protesters. Any pushing though the crowd should be done with the demeanor of patience, aggression may lead to an attempt to disable your car before it is used as a weapon.
Use the social media to alert you as to where to stay away from. Just as the rioters have started using social media and texting to alert one another where to go, you can flip this on its head and ask people to help you know where to stay away from. Messages informing you of which streets and areas are currently being targeted provide you with instantaneous warnings of where to avoid.
Avoid being hit by riot control chemicals or weapons. Police may deploy riot control agents (tear gas, water cannons, rubber bullets, for example) to disperse a crowd. These weapons and chemicals can cause severe pain, respiratory distress, and blindness. Try to stay away from the front lines of a riot, and learn to recognize the signs that a riot control agent has been used and how to handle exposure.
Avoid wearing oil based moisturizer or sunscreen as chemicals cling to these on your skin. Remove with detergent-free soap before going near the riot.
Wear glasses rather than contact lenses; tear gas behind contact lenses is unimaginable pain. Swimming goggles can protect eyes, or a gas mask.
Put wet bandannas in a plastic bag and carry these for your mouth. Wrap them around your mouth if tear gas is released. They need constant replacement as they will keep soaking up the gas.
Wear vinyl or latex gloves to protect your hands from pepper spray; the nerve endings will make them feel like agony if sprayed.
Carry spare clothes to change if you’re hit by chemicals or a water cannon. Put them in a plastic bag for protection.
Avoid rubbing your hands or fingers into eyes, nose, mouth etc. after a chemical attack. Stay calm.
Never hang around when bullets, gas and cannons are being deployed. These riot control agents can kill if they hit you in the wrong way and even if they don’t, they can maim and hurt you horrendously. If you’re so hurt that you fall down and cannot get up again, you also risk being trampled by the fleeing and terrified crowd.
Move away from the riot. The more time you spend in the midst of a riot, the greater your chance of being injured or killed. That said, in most circumstances it’s better to move out of a riot slowly.
If you run, you will draw attention to yourself, so it’s usually best to walk.
It can also be dangerous to move against a crowd, so go with the flow until you are able to escape into a doorway or up a side street or alley.
It may also be advantageous to stay with the crowd until you are certain you can safely escape because it will help you remain inconspicuous and improve your odds of survival if shots are fired.
Think of crowd movement like currents in the ocean. In a large riot, the crowd in the middle will be moving faster than the people on the perimeters. As such, if you find yourself in the middle, you should not try to move in a different direction, but follow the flow and slowly make your way to the outside. This requires patience in order to work properly.
Avoid major roads. Major roads, squares, and other high traffic areas are likely to be crowded with rioters. If possible, stick to less-traveled side streets to avoid the mobs.
Avoid public transportation. Buses, subways, and trains will likely be out of service, and stations and depots will probably be packed with people. Even if you succeed in getting on a train or bus, rioters may stop it or be taking rides on it themselves. Subway stations are particularly bad places to be, both because they are generally difficult to escape and because riot control agents are generally heavier than air and may drift down into subway stations and accumulate there.
Get to a safe place, and stay put. Choose a safe haven carefully. Sometimes it can be as close as your hotel room, but other times you’ll need to get out of the country entirely. If you’re abroad, you will generally want to head to your country’s embassy or the airport. Try to contact the embassy before going there, however, to let them know you’re coming and to find out if it is safe to go there. If a mob is gathered outside, embassy staff may be able to direct you to a safer place. In any case, just try to put as much distance as possible between yourself and the riot.
Homemade decontamination spray
If you know you have to go out into the rioting crowd, try to make this spray before leaving. This recipe is taken from Rosie Garthwaite’s book How to avoid being killed in a war zone. However, this spray does only work when being confronted with agents such as CS and CN. The decontamination spray does NOT work when you have been exposed to OC, also known as “Pepper Spray”.
Find some antacid. Tums, Pepto-Bismol, Gaviscon, Eno, Milk of Magnesia, Alka-Seltzer are all suitable or use bicarbonate of soda (baking soda).
Dilute with water.
Add to a spray bottle that you can easily carry.
Spray on eyes, nose and skin if you are attacked by chemicals. The spray will help to neutralize the attack.
If you have been exposed to OC (“Pepper Spray”) rinse your eyes with as much fresh water as possible. Also wash your mouth, nose and any other part of your body that had contact to OC. However, do not drink the water after flushing your mouth!
John, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, greeting.
Know that before God, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the Knights of the Temple in England, William Marshal, earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:
1. First, that we have granted to God, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church’s elections – a right reckoned to be of the greatest necessity and importance to it – and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity. We have also granted to all free men of our realm, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:
2. If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a `relief’, the heir shall have his inheritance on payment of the ancient scale of `relief’. That is to say, the heir or heirs of an earl shall pay for the entire earl’s barony, the heir or heirs of a knight l00s. at most for the entire knight’s `fee’, and any man that owes less shall pay less, in accordance with the ancient usage of `fees’
3. But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without `relief’ or fine.
4. The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same `fee’, who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same `fee’, who shall be similarly answerable to us.
5. For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.
6. Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be’ made known to the heir’s next-of-kin.
7. At her husband’s death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband’s house for forty days after his death, and within this period her dower shall be assigned to her.
8. No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.
9. Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor’s sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor’s lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.
10. If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.
11. If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.
12. No `scutage’ or `aid’ may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes ouly a reasonable `aid’ may be levied. `Aids’ from the city of London are to be treated similarly.
13. The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.
14. To obtain the general consent of the realm for the assessment of an `aid’ – except in the three cases specified above – or a `scutage’, we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.
15. In future we will allow no one to levy an `aid’ from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable `aid’ may be levied.
16. No man shall be forced to perform more service for a knight’s `fee’, or other free holding of land, than is due from it.
17. Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.
18. Inquests of novel disseisin, mort d’ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.
19. If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.
20. For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.
21. Earls and barons shall not be amerced save through their peers, and only according to the measure of the offence.
22. No clerk shall be amerced for his lay tenement ecept according to the manner of the other persons aforesaid; and not according to the amount of his ecclesiastical benefice.
23. Neither a town nor a man shall be forced to make bridges over the rivers, with the exception of those who, from of old and of right ought to do it.
24. No sheriff, constable, coroners, or other bailiffs of ours shall hold the pleas of our crown.
25. All counties, hundreds, wapentakes, and trithings–our demesne manors being exccepted–shall continue according to the old farms, without any increase at all.
26. If any one holding from us a lay fee shall die, and our sheriff or bailiff can show our letters patent containing our summons for the debt which the dead man owed to us,–our sheriff or bailiff may be allowed to attach and enroll the chattels of the dead man to the value of that debt, through view of lawful men; in such way, however, that nothing shall be removed thence until the debt is paid which was plainly owed to us. And the residue shall be left to the executors that they may carry out the will of the dead man. And if nothing is owed to us by him, all the chattels shall go to the use prescribed by the deceased, saving their reasonable portions to his wife and children.
27. If any freeman shall have died intestate his chattels shall be distributed through the hands of his near relatives and friends, by view of the church; saving to any one the debts which the dead man owed him.
28. No constable or other bailiff of ours shall take the corn or other chattels of any one except he straightway give money for them, or can be allowed a respite in that regard by the will of the seller.
29. No constable shall force any knight to pay money for castleward if he be willing to perform that ward in person, or–he for a reasonable cause not being able to perform it himself–through another proper man. And if we shall have led or sent him on a military expedition, he shall be quit of ward according to the amount of time during which, through us, he shall have been in military service.
30. No sheriff nor bailiff of ours, nor any one else, shall take the horses or carts of any freeman for transport, unless by the will of that freeman.
31. Neither we nor our bailiffs shall take another’s wood for castles or for other private uses, unless by the will of him to whom the wood belongs.
32. We shall not hold the lands of those convicted of felony longer than a year and a day; and then the lands shall be restored to the lords of the fiefs.
33. Henceforth all the weirs in the Thames and Medway, and throughout all England, save on the sea-coast, shall be done away with entirely.
34. Henceforth the writ which is called Praecipe shall not be to served on any one for any holding so as to cause a free man to lose his court.
35. There shall be one measure of wine throughout our whole realm, and one measure of ale and one measure of corn–namely, the London quart;–and one width of dyed and russet and hauberk cloths–namely, two ells below the selvage. And with weights, moreover, it shall be as with measures.
36. Henceforth nothing shall be given or taken for a writ of inquest in a matter concerning life or limb; but it shall be conceded gratis, and shall not be denied.
37. If any one hold of us in fee-farm, or in socage, or in burkage, and hold land of another by military service, we shall not, by reason of that fee-farm, or socage, or burkage, have the wardship of his heir or of his land which is held in fee from another. Nor shall we have the wardship of that fee-farm, or socage, or burkage unless that fee-farm owe military service. We shall not, by reason of some petit-serjeanty which some one holds of us through the service of giving us knives or arrows or the like, have the wardship of his heir or of the land which he holds of another by military service.
38. No bailiff, on his own simple assertion, shall henceforth any one to his law, without producing faithful witnesses in evidence.
39. No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed–nor will we go upon or send upon him–save by the lawful judgment of his peers or by the law of the land.
40. To none will we sell, to none deny or delay, right or justice.
41. All merchants may safely and securely go out of England, and come into England, and delay and pass through England, as well by land as by water, for the purpose of buying and selling, free from all evil taxes, subject to the ancient and right customs–save in time of war, and if they are of the land at war against us. And if such be found in our land at the beginning of the war, they shall be held, without harm to their bodies and goods, until it shall be known to us or our chief justice how the merchants of our land are to be treated who shall, at that time, be found in the land at war against us. And if ours shall be safe there, the others shall be safe in our land.
42. Henceforth any person, saving fealty to us, may go out of our realm and return to it, safely and securely, by land and by water, except perhaps for a brief period in time of war, for the common good of the realm. But prisoners and outlaws are excepted according to the law of the realm; also people of a land at war against us, and the merchants, with regard to whom shall be done as we have said.
43. If any one hold from any escheat–as from the honour of Walingford, Nottingham, Boloin, Lancaster, or the other escheats which are in our hands and are baronies–and shall die, his heir shall not give another relief, nor shall he perform for us other service than he would perform for a baron if that barony were in the hand of a baron; and we shall hold it in the same way in which the baron has held it.
44. Persons dwelling without the forest shall not henceforth come before the forest justices, through common summonses, unless they are impleaded or are the sponsors of some person or persons attached for matters concerning the forest.
45. We will not make men justices, constables, sheriffs, or bailiffs unless they are such as know the law of the realm, and are minded to observe it rightly.
46. All barons who have founded abbeys for which they have charters of the king of England, or ancient right of tenure, shall have, as they ought to have, their custody when vacant.
47- A11 forests constituted as such in our time shall straightway be annulled; and the same shall be done for river banks made into places of defence by us in our time.
48. A11 evil customs concerning forests and warrens, and concerning foresters and warreners, sheriffs and their servants, river banks and their guardians, shall straightway be inquired into each county, through twelve sworn knights from that county, and shall be eradicated by them, entirely, so that they shall never be renewed, within forty days after the inquest has been made; in such manner that we shall first know about them, or our justice if we be not in England.
49. We shall straightway return all hostages and charters which were delivered to us by Englishmen as a surety for peace or faithful service.
50. We shall entirey remove from their bailwicks the relatives of Gerard de Athyes, so that they shall henceforth have no bailwick in England: Engelard de Cygnes, Andrew Peter and Gyon de Chanceles, Gyon de Cygnes, Geoffrey de Martin and his brothers, Philip Mark and his brothers, and Geoffrey his nephew, and the whole following of them.
51. And straightway after peace is restored we shall remove from the realm all the foreign soldiers, crossbowmen, servants, hirelings, who may have come with horses and arms to the harm of the realm.
52. If any one shall have been disseized by us, or removed, without a legal sentence of his peers, from his lands, castles, liberties or lawful right, we shall straightway restore them to him. And if a dispute shall arise concerning this matter it shall be settled according to the judgment of the twenty-five barons who are mentioned below as sureties for the peace. But with regard to all those things of which any one was, by king Henry our father or king Richard our brother, disseized or dispossessed without legal judgment of his peers, which we have in our hand or which others hold, and for which we ought to give a guarantee: We shall have respite until the common term for crusaders. Except with regard to those concerning which a plea was moved, or an inquest made by our order, before we took the cross. But when we return from our pilgrimage, or if, by chance, we desist from our pilgrimage, we shall straightway then show full justice regarding them.
53. We shall have the same respite, moreover, and in the same manner, in the matter of showing justice with regard to forests to be annulled and forests to remain, which Henry our father or Richard our brother constituted; and in the matter of wardships of lands which belong to the fee of another–wardships of which kind we have hitherto enjoyed by reason of the fee which some one held from us in military service;–and in the matter of abbeys founded in the fee of another than ourselves–in which the lord of the fee may say that he has jurisdiction. And when we return, or if we desist from our pilgrimage, we shall straightway exhibit full justice to those complaining with regard to these matters.
54. No one shall be taken or imprisoned on account of the appeal of a woman concerning the death of another than her husband.
55. All fines imposed by us unjustly and contrary to the law of the land, and all amerciaments made unjustly and contrary to the law of the land, shall be altogether remitted, or it shall be done with regard to them according to the judgment of the twenty five barons mentioned below as sureties for the peace, or according to the judgment of the majority of them together with the aforesaid Stephen archbishop of Canterbury, if he can be present, and with others whom he may wish to associate with himself for this purpose. And if he can not be present, the affair shall nevertheless proceed without him; in such way that, if one or more of the said twenty five barons shall be concerned in a similar complaint, they shall be removed as to this particular decision, and, in their place, for this purpose alone, others shall be subtituted who shall be chosen and sworn by the remainder of those twenty five.
56. If we have disseized or dispossessed Welshmen of their lands or liberties or other things without legal judgment of their peers, in England or in Wales,–they shall straightway be restored to them. And if a dispute shall arise concerning this, then action shall be taken upon it in the March through judgment of their peers- -concerning English holdings according to the law of England, concerning Welsh holdings according to the law of Wales, concerning holdings in the March according to the law of the March. The Welsh shall do likewise with regard to us and our subjects.
57. But with regard to all those things of which any one of the Welsh by king Henry our father or king Richard our brother, disseized or dispossessed without legal judgment of his peers, which we have in our hand or which others hold, and for which we ought to give a guarantee: we shall have respite until the common term for crusaders. Except with regard to those concerning which a plea was moved, or an inquest made by our order, before we took the cross. But when we return from our pilgrimage, or if, by chance, we desist from our pilgrimage, we shall straightway then show full justice regarding them, according to the laws of Wales and the aforesaid districts.
58. We shall straightway return the son of Llewelin and all the Welsh hostages, and the charters delivered to us as surety for the peace.
59. We shall act towards Alexander king of the Scots regarding the restoration of his sisters, and his hostages, and his liberties and his lawful right, as we shall act towards our other barons of England; unless it ought to be otherwise according to the charters which we hold from William, his father, the former king of the Scots. And this shall be done through judgment of his peers in our court.
60. Moreover all the subjects of our realm, clergy as well as laity, shall, as far as pertains to them, observe, with regard to their vassals, all these aforesaid customs and liberties which we have decreed shall, as far as pertains to us, be observed in our realm with regard to our own.
61. Inasmuch as, for the sake of God, and for the bettering of our realm, and for the more ready healing of the discord which has arisen between us and our barons, we have made all these aforesaid concessions,–wishing them to enjoy for ever entire and firm stability, we make and grant to them the folIowing security: that the baron, namely, may elect at their pleaure twenty five barons from the realm, who ought, with all their strength, to observe, maintain and cause to be observed, the peace and privileges which we have granted to them and confirmed by this our present charter. In such wise, namely, that if we, or our justice, or our bailiffs, or any one of our servants shall have transgressed against any one in any respect, or shall have broken one of the articles of peace or security, and our transgression shall have been shown to four barons of the aforesaid twenty five: those four barons shall come to us, or, if we are abroad, to our justice, showing to us our error; and they shall ask us to cause that error to be amended without delay. And if we do not amend that error, or, we being abroad, if our justice do not amend it within a term of forty days from the time when it was shown to us or, we being abroad, to our justice: the aforesaid four barons shall refer the matter to the remainder of the twenty five barons, and those twenty five barons, with the whole land in common, shall distrain and oppress us in every way in their power,–namely, by taking our castles, lands and possessions, and in every other way that they can, until amends shall have been made according to their judnnent. Saving the persons of ourselves, our queen and our children. And when amends shall have been made they shall be in accord with us as they had been previously. And whoever of the land wishes to do so, shall swear that in carrying out all the aforesaid measures he will obey the mandates of the aforesaid twenty five barons, and that, with them, he will oppress us to the extent of his power. And, to any one who wishes to do so, we publicly and freely give permission to swear; and we will never prevent any one from swearing. Moreover, all those in the land who shall be unwilling, themselves and of their own accord, to swear to the twenty five barons as to distraining and oppressing us with them: such ones we shall make to wear by our mandate, as has been said. And if any one of the twenty five barons shall die, or leave the country, or in any other way be prevented from carrying out the aforesaid measures,–the remainder of the aforesaid twenty five barons shall choose another in his place, according to their judgment, who shall be sworn in the same way as the others. Moreover, in all things entrusted to those twenty five barons to be carried out, if those twenty five shall be present and chance to disagree among themselves with regard to some matter, or if some of them, having been summoned, shall be unwilling or unable to be present: that which the majority of those present shall decide or decree shall be considered binding and valid, just as if all the twenty five had consented to it. And the aforesaid twenty five shall swear that they will faithfully observe all the foregoing, and will caue them be observed to the extent of their power. And we shall obtain nothing from any one, either through ourselves or through another, by which any of those concessions and liberties may be revoked or diminished. And if any such thing shall have been obtained, it shall be vain and invalid, and we shall never make use of it either through ourselves or through another.
62. And we have fully remitted to all, and pardoned, all the ill- will, anger and rancour which have arisen between us and our subjects, clergy and laity, from the time of the struggle. Moreover have fully remitted to all, clergy and laity, and–as far as pertains to us–have pardoned fully all the transgressions committed, on the occasion of that same struggle, from Easter of the sixteenth year of our reign until the re-establishment of peace. In witness of which, more-over, we have caused to be drawn up for them letters patent of lord Stephen, archbishop of Canterbury, lord Henry, archbishop of Dubland the aforesaid bishops and master Pandulf, regarding that surety and the aforesaid concessions.
63. Wherefore we will and firmly decree that the English church shall be free, and that the subjects of our realm shall have and hold all the aforesaid liberties, rights and concessions, duly and in peace, freely and quietly, fully and entirely, for themselves and their heirs from us and our heirs, in all matters and in all places, forever, as has been said. Moreover it has been sworn, on our part as well as on the part of the barons, that all these above mentioned provisions shall observed with good faith and without evil intent. The witnesses being the above mentioned and many others. Given through our hand, in the plain called Runnymede between Windsor and Stanes, on the fifteenth day of June, in the seventeenth year of our reign.