"We will also, and strictly, enjoin and concede that all FREEMEN (LIBERI
HOMINES) of our whole kingdom aforesaid, have and hold their land and
possessions well and in peace, free from every unjust exaction and from
Tallage, so that nothing be exacted or taken from them except their free
service, which of right they ought to do to us and are bound to do, and
according as it was appointed (statutum) to them, and given to them by
us, and conceded by hereditary right for ever, by the common council
(FOLC-GEMOT} of our whole realm aforesaid."
These FREEMEN were not created by the Norman Conquest, they existed
prior thereto; and the laws, of which this is one, are declared to be
the laws of Edward the Confessor, which William re-enacted. Selden, in
"The Laws and Government of England," p. 34, speaks of this law as the
first Magna Charta. He says:
"Lastly, the one law of the kings, which may be called the first MAGNA
CHARTA in the Norman times (55 William I.), by which the king reserved
to himself, from the FREEMEN of this kingdom, nothing but their free
service, in the conclusion saith that their lands were thus granted to
them in inheritance of the king by the COMMON COUNCIL (FOLC-GEMOT) of
the whole kingdom; and so asserts, in one sentence, the liberty of the
FREEMEN, and of the representative body of the kingdom."
He further adds:
"The freedom of an ENGLISHMAN consisteth of three particulars: first, in
OWNERSHIP; second, in VOTING ANY LAW, whereby ownership is maintained;
and, thirdly, in having an influence upon the JUDICIARY POWER that must
apply the law. Now the English, under the Normans, enjoyed all this
freedom with each man's own particular, besides what they had in bodies
aggregate. This was the meaning of the Normans, and they published the
same to the world in a fundamental law, whereby is granted that all
FREEMEN shall have and hold their lands and possessions in hereditary
right for ever; and by this they being secured from forfeiture, they are
further saved from all wrong by the same law, which provideth that they
shall hold them well or quietly, and in peace, free from all unjust tax,
and from all Tallage, so as nothing shall be exacted nor taken but their
free service, which, by right, they are bound to perform."
This is expounded in the law of Henry I., cap. 4, to mean that no
tribute or tax shall be taken but what was due in the Confessor's time,
and Edward II. was sworn to observe the laws of the Confessor.
Public-domain text, read in full here on John Shaqi.
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