Magna Charta
65
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
baliffs, 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.
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17. courts shall administer justice in a fixed place
Common pleas shall not follow our court, but shall be holden in some
place certain.
18. land disputes shall be tried in their
proper counties
Trials upon the Writs of Novel Disseisin, and of Mort d’ancestor, and of
Darrein Presentment, 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 in the county, on the day, and at the place appointed.
19. keeping the assize courts open
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. fines against freemen to be measured by the offense
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 contentment; and after the same manner a
merchant, saving to him his merchandise. And a villein shall be amerced