Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
{We will not in the future grant permission to any man to levy an
aid upon his free men, except to ransom his person, make his
eldest son a knight, and once to marry his eldest daughter, and on
each of these occasions only a reasonable aid shall be levied.}
[X. NONE SHALL DISTRAIN FOR MORE SERVICE THAN IS DUE.]
No man shall be compelled to perform more service for a knight's
fee nor any freehold than is due therefrom.
[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT]
People who have Common Pleas shall not follow our Court traveling
about the realm, but shall be heard in some certain place.
[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT
FOR DIFFICULTY]
{Land assizes of novel disseisin, mort d'ancestor and darrein
presentment shall be heard only in the county where the property
is situated, and in this manner: We or, if we are not in the
realm, our Chief Justiciary, shall send two justiciaries through
each county four times a year [to clear and prevent backlog], and
they, together with four knights elected out of each county by the
people thereof, shall hold the said assizes in the county court,
on the day and in the place where that court meets.}
ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY IN
THE COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS MANNER: WE,
OR IF WE ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL SEND
JUSTICIARIES THROUGH EACH COUNTY ONCE A YEAR, AND THEY TOGETHER
WITH KNIGHTS OF THAT COUNTY SHALL HOLD THE SAID ASSIZES IN THE
COUNTY.
{If the said assizes cannot be held on the day appointed, so many
of the knights and freeholders as were present on that day shall
remain as will be sufficient for the administration of justice,
according to the amount of business to be done.}
AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES,
BEING SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE
DETERMINED, SHALL BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR
CIRCUIT; AND THOSE THINGS WHICH FOR DIFFICULTY OF SOME ARTICLES
CANNOT BE DETERMINED BY THEM, SHALL BE REFERRED TO OUR JUSTICES OF
THE BENCH AND THERE SHALL BE ENDED.
[XIII. ASSIZES OF DARREIN PRESENTMENT]
ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR
JUSTICES OF THE BENCH AND THERE SHALL BE DETERMINED.
[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM]
A freeman shall be amerced [made to pay a fine to the King] for a
small offense only according to the degree thereof, and for a
serious offense according to its magnitude, saving his position
and livelihood; and in like manner a merchant, saving his trade
and merchandise, and a villein saving his tillage, if they should
fall under our mercy. None of these amercements shall be imposed
except by the oath of honest men of the neighborhood.
Earls and barons shall be amerced only by their peers, and only in
accordance with the seriousness of the offense.
Public-domain text, read in full here on John Shaqi.
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