Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
18. Trials upon the Writs of Novel Disseisin,[27] and of Mort
d'ancestor,[28] and of Darrein Presentment,[29] 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[30] in the
county, on the day, and at the place appointed.
[Footnote 27: Dispossession.]
[Footnote 28: Death of the ancestor; that is, in cases of disputed
succession to land.]
[Footnote 29: Last presentation to a benefice.]
[Footnote 30: The word Assize here means an assembly of knights or
other substantial persons, held at a certain time and place where
they sit with the Justice. 'Assisa' or 'Assize' is also taken
for the court, place, or time at which the writs of Assize are
taken.--_Thompson's Notes._]
19. 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. 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 contenement;[31]
and after the same manner a merchant, saving to him his merchandise.
And a villein shall be amerced after the same manner, saving to him
his wainage, if he falls under our mercy; and none of the aforesaid
amerciaments shall be assessed but by the oath of honest men in the
neighbourhood.
[Footnote 31: "That by which a person subsists and which is essential
to his rank in life."]
21. Earls and barons shall not be amerced but by their peers, and
after the degree of the offence.
22. No ecclesiastical person shall be amerced for his lay tenement,
but according to the proportion of the others aforesaid, and not
according to the value of his ecclesiastical benefice.
23. Neither a town nor any tenant shall be distrained to make bridges
or embankments, unless that anciently and of right they are bound to
do it.
24. No sheriff, constable, coroner, or other our bailiffs, shall hold
"Pleas of the Crown." [32]
[Footnote 32: These are suits conducted in the name of the Crown
against criminal offenders.]
25. All counties, hundreds, wapentakes, and trethings, shall stand at
the old rents, without any increase, except in our demesne manors.
Public-domain text, read in full here on John Shaqi.
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