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
{No amercement shall be imposed upon a cleric's lay tenement,
except in the manner of the other persons aforesaid, and without
regard to the value of his ecclesiastical benefice.}
NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH
THE SERIOUSNESS OF THE OFFENSE AND AFTER HIS LAY TENEMENT, BUT NOT
AFTER THE QUANTITY OF HIS SPIRITUAL BENEFICE.
[XV. MAKING OF BRIDGES AND BANKS]
No town or freeman shall be compelled to build bridges over rivers
OR BANKS except those bound by old custom and law to do so.
[XVI. DEFENDING OF BANKS]
NO BANKS [LAND NEAR A RIVER] SHALL BE DEFENDED [USED BY THE KING
ALONE, E.G. FOR HUNTING], FROM HENCEFORTH, BUT SUCH AS WERE IN
DEFENSE IN THE TIME OF KING HENRY [II] OUR GRANDFATHER, BY THE
SAME PLACES AND IN THE SAME BOUNDS AS IN HIS TIME.
[XVII. HOLDING PLEAS OF THE CROWN]
No sheriff, constable, coroners, or other of our bailiffs shall
hold pleas of our Crown [but only justiciars, to prevent disparity
of punishments and corruption].
{All counties, hundreds, wapentakes, and tithings (except our
demesne manors) shall remain at the old rents, without any
increase.}
[XVIII. THE KING'S DEBTOR DYING, THE KING SHALL BE FIRST PAID]
If anyone holding a lay fee of us dies, and our sheriff or our
bailiff show our letters patent [public letter from a sovereign or
one in authority] of summons for a debt due to us from the
deceased, it shall be lawful for such sheriff or bailiff to attach
and list the goods and chattels of the deceased found in the lay
fee to the value of that debt, by the sight and testimony of
lawful men [to prevent taking too much], so that nothing thereof
shall be removed therefrom until our whole debt is paid; then the
residue shall be given up to the executors to carry out the will
of the deceased. If there is no debt due from him to us, all his
chattels shall remain the property of the deceased, saving to his
wife and children their reasonable shares.
{If any freeman dies intestate, his chattels shall be distributed
by his nearest kinfolk and friends, under supervision of the
Church, saving to each creditor the debts owed him by the
deceased.}
[XIX. PURVEYANCE FOR A CASTLE]
No constable or other of our bailiffs shall take grain or other
chattels of any man without immediate payment, unless the seller
voluntarily consents to postponement of payment. THIS APPLIES IF
THE MAN IS NOT OF THE TOWN WHERE THE CASTLE IS. BUT IF THE MAN IS
OF THE SAME TOWN AS WHERE THE CASTLE IS, THE PRICE SHALL BE PAID
TO HIM WITHIN 40 DAYS.
[XX. DOING OF CASTLE-GUARD]
No constable shall compel any knight to give money for keeping of
his castle in lieu of castle-guard when the knight is willing to
perform it in person or, if reasonable cause prevents him from
performing it himself, by some other fit man. Further, if we lead
or send him into military service, he shall be excused from
castle-guard for the time he remains in service by our command.
[XXI. TAKING OF HORSES, CARTS, AND WOOD]
Public-domain text, read in full here on John Shaqi.
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