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
15) And the citizens shall enjoy as good and full hunting
rights as their ancestors ever did, namely, in the
Chilterns, in Middlesex, and in Surrey.
Witnessed at Westminster."
The above right not to take part in any case outside the city
relieved London citizens from the burden of traveling to wherever
the King's court happened to be, the disadvantage of not knowing
local customs, and the difficulty of speaking in the language of
the King's court rather than in English. The right of redress for
tolls exacted was new because the state of the law was that the
property of the inhabitants was liable to the king or superior
lord for the common debt.
Newcastle-on-Tyne was recognized by the king as having certain
customs, so the following was not called a grant:
"These are the laws and customs which the burgesses of Newcastle
upon Tyne had in the time of Henry King of England and ought to
have.
[1] Burgesses can distrain [take property of another until
the other performs his obligation] upon foreigners within,
or without their own market, within or without their own
houses, and within or without their own borough without the
leave of the reeve, unless the county court is being held in
the borough, and unless [the foreigners are] on military
service or guarding the castle.
[2] A burgess cannot distrain upon a burgess without the
leave of the reeve.
[3] If a burgess have lent anything of his to a foreigner,
let the debtor restore it in the borough if he admits the
debt, if he denies it, let him justify himself in the
borough.
[4] Pleas which arise in the borough shall be held and
concluded there, except pleas of the Crown.
[5] If any burgess be appealed [sued] of any plaint, he
shall not plead without the borough, unless for default of
[the borough] court.
[6] Nor ought he to answer without day and term, unless he
have fallen into 'miskenning'[error in pleading], except in
matters which pertain to the Crown.
[7] If a ship have put in at Tynemouth and wishes to depart,
the burgesses may buy what they will [from it].
[8] If a plea arise between a burgess and a merchant, it
shall be concluded before the third ebb of the tide.
[9] Whatever merchandise a ship has brought by sea must be
landed, except salt; and herring ought to be sold in the
ship.
[10] If any man have held land in burgage for a year and a
day, lawfully and without claim, he shall not answer a
claimant, unless the claimant have been without the realm of
England, or a child not of age to plead.
[11] If a burgess have a son, he shall be included in his
father's freedom if he be with his father.
[12] If a villein come to dwell in the borough, and dwell
there a year and a day as a burgess, he shall abide
altogether, unless notice has been given by him or by his
master that he is dwelling for a term.
Public-domain text, read in full here on John Shaqi.
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