Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
Sandwich was confirmed in its port rights by this charter: "Henry
II to his sheriff and bailiffs of Kent, greeting. I will and order
that the monks of the Holy Trinity of Canterbury shall have fully
all those liberties and customs in Sandwich which they had in the
time of King Henry my grandfather, as it was adjudged in pursuance
of his command by the oath of twelve men of Dover and twelve men
of Sandwich, to wit, that the aforesaid monks ought to have the
port and the toll and all maritime customs in the same port, on
either side of the water from Eadburge-gate as far as markesfliete
and a ferry-boat for passage. And no man has there any right
except they and their ministers. Wherefore I will and firmly
command you and the men of Sandwich that ye cause the aforesaid
monks to have all their customs both in the port and in the town
of Sandwich, and I forbid any from vexing them on this account."
"And they shall have my firm peace."
Henry gave this charter to the town of Bristol in 1164: "Know ye,
that I have granted to my burgesses of Bristol, that they shall be
quit both of toll [a reasonable sum of money or portion of the
thing sold, due to the owner of the fair or market on the sale of
things tollable therein. It was claimed by the lord of the fee
where the fair or market was held, by virtue of a grant from the
Crown either ostensible or presumed] and passage [money paid for
crossing a river or for crossing the sea as might be due to the
Crown] and all custom [customary payments] throughout my whole
land of England, Normandy, and Wales, wherever they shall come,
they and their goods. Wherefore I will and strictly command, that
they shall have all their liberties and acquittances and free
customs fully and honorable, as my free and faithful men, and that
they shall be quit of toll and passage and of every other customs:
and I forbid any one to disturb them on this account contrary to
this my charter, on forfeiture of ten pounds [200s.]."
John, when he was an earl and before he became King, granted these
liberties to Bristol about 1188:
1) No burgess may sue or be sued out of Bristol.
2) The burgesses are excused from the murder fine (imposed by the
king or lord from the hundred or town where the murder was
committed when the murderer had not been apprehended).
3) No burgess may wage duel [trial by combat], unless sued for
death of a stranger.
4) No one may take possession of a lodging house by assignment or
by livery of the Marshall of the Earl of Gloucester against the
will of the burgesses (so that the town would not be responsible
for the good behavior of a stranger lodging in the town without
first accepting the possessor of the lodging house).
5) No one shall be condemned in a matter of money, unless
according to the law of the hundred, that is, forfeiture of 40s.
6) The hundred court shall be held only once a week.
7) No one in any plea may argue his cause in miskenning.
Public-domain text, read in full here on John Shaqi.
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