Chapter XXIX. says knights must not be compelled to give money instead of performing castle-guard, if they are willing to perform this service. Castle-guard was the liability incumbent on the holders of some estates to serve in the garrison of the royal castles. The constables of these castles had adopted the custom of compelling these landholders to give money and not service, mercenaries being then hired to perform this.
Chapters XXX. and XXXI. forbid the royal officials to seize the horses or carts of freemen for transport duty, or to take wood for the king’s buildings.
Chapter XXXII. says that the lands of convicted felons shall be handed over to the lords of such lands and not kept by the king beyond a year and a day. In cases of treason the king had a right to the forfeited lands, but he was not allowed to establish a similar right in cases of felony.
Chapter XXXIII. provided for the removal of kydells, or weirs, from all English rivers. This was intended to give greater freedom to inland navigation, the rivers being the main highways of trade.
Chapter XXXIV. limits the use of the writ known as Praecipe. This writ was one transferring cases concerning the ownership of property from the courts of the feudal lords to those of the king. This custom, which owes its origin to Henry II., meant a loss of revenue to the lords, whose victory in this matter, however, was a step backwards. It checked temporarily the process of centralizing the administration of justice.
Chapter XXXV. provides for the uniformity of weights and measures throughout the kingdom.
Chapter XXXVI. promises that in future writs of inquisition shall be granted freely without payment of any kind. This kind of writ allowed a man to refer the question of his guilt or innocence to the verdict of his neighbours instead of proving his innocence by the duel.
Chapter XXXVII. prevents the king from administering certain kinds of land when these fall into the possession of minors. In the past John had evidently stretched his authority and seized lands over which others had really the right of wardship.
Chapter XXXVIII. prevents a bailiff from compelling an accused man to submit to the ordeal without the approval of credible witnesses.
Chapter XXXIX. is more important and the English rendering of it may be given in full. “No freeman shall be arrested, or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested; and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and by the law of the land.” The object of this was clearly to restrain John from arbitrary proceedings against his free subjects. The principle of judgment by one’s peers is asserted, and is obviously the privilege of every class of freemen, not of the greater lords alone.