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
Edward I remodeled the law in response to grievances and to
problems which came up in the courts. The changes improved the
efficiency of justice and served to accommodate it to the changing
circumstances of the social system.
"No man by force of arms, malice or menacing shall disturb
anyone in making free election [of sheriffs, coroners,
conservators of the peace by freeholders of the county]."
"No city, borough, town, nor man shall be amerced without
reasonable cause and according to the severity of his
trespass. That is, every freeman saving his freehold, a
merchant saving his merchandise, a villein saving his
wainage [implements of agriculture], and that by his peers."
No distress shall be taken of ploughing-cattle or sheep.
Young salmon shall not be taken from waters in the spring.
No loan shall be made for interest.
If an heir who is a minor is married off without the consent
of the guardian, the value of the marriage will be lost and
the wrongdoer imprisoned. If anyone marries off an heir over
14 years of age without the consent of the guardian, the
guardian shall have double the value of the marriage.
Moreover, anyone who has withdrawn a marriage shall pay the
full value thereof to the guardian for the trespass and make
amends to the King. And if a lord refuses to marry off a
female heir of full age and keep her unmarried because he
covets the land, then he shall not have her lands more than
two years after she reaches full age, at which time she can
recover her inheritance without giving anything for the
wardship or her marriage. However, if she maliciously
refuses to be married by her lord, he may hold her land and
inheritance until she is the age of a male heir, that is, 21
years old and further until he has taken the value of the
marriage.
Aid to make one's son a knight or marry off his daughter of
a whole knight's fee shall be taken 20s., and 400s. [yearly
income from] land held in socage 20s. [5%], and of more,
more; and of less, less; after the rate. And none shall levy
such aid to make his son a knight until his son is 15 years
old, nor to marry his daughter until she is seven year old.
A conveyance of land which is the inheritance of a minor
child by his guardian or lord to another is void.
Dower shall not abate because the widow has received dower
of another man unless part of the first dower received was
of the same tenant and in the same town. But a woman who
leaves her husband for another man is barred from dower.
A tenant for a term of years who has let land from a
landlord shall not let it lie waste, nor shall a landlord
attempt to oust a tenant for a term of years by fictitious
recoveries.
When two or more hold wood, turfland, or fishing or other
such thing in common, wherein none knows his several, and
one does waste against the minds of the others, he may be
sued.
Public-domain text, read in full here on John Shaqi.
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