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Chapter FIFTY-THREE

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Eundem autem respectum habebimus, et eodem modo, de justicia exhibenda de forestis deafforestandis vel remansuris forestis, quas Henricus pater noster vel Ricardus frater noster afforestaverunt, et de custodiis terrarum que sunt de alieno feodo, cujusmodi custodias hucusque habuimus occasione feodi quod aliquis de nobis tenuit per servicium militare, et de abbaciis que fundate fuerint in feodo alterius quam nostro, in quibus dominus feodi dixerit se jus habere; et cum redierimus, vel si remanserimus a peregrinacione nostra, super hiis conquerentibus plenam justiciam statim exhibebimus.[1019]

We shall have, moreover, the same respite and in the same manner in
rendering justice concerning the disafforestation or retention of
those forests which Henry our father and Richard our brother
afforested, and concerning the wardship of lands which are of the fief
of another (namely, such wardships as we have hitherto had by reason
of a fief which anyone held of us by knight’s service), and concerning
abbeys founded on other fiefs than our own, in which the lord of the
fee claims to have right; and when we have returned, or if we desist
from our expedition, we will immediately grant full justice to all who
complain of such things.

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Footnote 1019:

The words, “_et eodem modo, de justicia exhibenda_,” and “_vel
remansuris forestis_” are written at the foot of both the Cottonian
versions. Cf. _supra_, 195, n. They make clear, rather than add to,
the meaning of the rest.

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This chapter makes an advance upon the Articles of the Barons, extending to three kinds of abuses, not specially mentioned there, the respite provided in chapter 52 for redressing acts of illegal disseisin. The “close time” secured to John in virtue of his crusader’s vow is to cover (_a_) inquiries into the proper boundaries of forests said to have been extended by his father or by his brother; (_b_) wardships over the lands of under-tenants usurped by him by reason of his illegal extension of prerogative wardship, and (_c_) abbeys founded by mesne lords and seized by John during vacancies in violation of the rights of wardship of such founders.[1020]

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Footnote 1020:

It thus supplements three previous chapters (_a_) c. 47; (_b_) c. 37;
and (_c_) c. 46 respectively.

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Magna Carta: A Commentary on the Great Charter of King JohnChapter FIFTY-THREE

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