Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
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 ferryboat 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 murdrum fine.
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.
8) -They may lawfully have their lands and tenures and mortgages and
debts throughout my whole land, [from] whoever owes them [anything].
Public-domain text, read in full here on John Shaqi.
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