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
44. The jurors of Oflow hundred say that the bailiffs of Tamworth have
unjustly taken toll from the knights of Staffordshire, to wit, for
their oxen and other beasts. And the men of Lichfield complain that
likewise they have taken toll from them, more especially in
Staffordshire. And the bailiffs deny that they take anything from the
knights in Staffordshire. And for that they cannot [be heard to]
contradict the jurors, the bailiffs are in mercy. As to the men of
Lichfield, [the Tamworth bailiffs] say that they ought to have, and in
King Henry's time had, toll of them, more especially of the merchants,
as well in Staffordshire as in Warwickshire. And the burgesses of
Lichfield offer the king a half-mark for an inquest by the county. And
the county records that in King Henry's time the men of - - Lichfield
did not pay toll in Staffordshire. Therefore the bailiffs are in mercy.
Chapter 7
The Times 1215-1272
Tenures in land were free or not free; the free tenures were
(1) military service, (2) grand serjeanty, (3) free socage, and (4)
frankalmoin. For military service, in general, every man knows his
place, knows how many days he must fight and with what arms. But this
institution is becoming unstable. Sometimes a substantial payment
called scutage is taken instead. As feudalism became less military and
less rough, daughters were permitted to inherit fiefs. It became
customary to divide the property of a deceased man without a son
equally among his daughters. Lords were receiving homage from all the
daughters and thereby acquiring marriage rights over all of them. Also,
if a son predeceased his father but left a child, that child would
succeed to the father's land in the same way that the deceased would
have. The ill, the aged, women, and ecclesiastics could send a
substitute to military service. There are certain reliefs, and wardship
and marriage fees associated with military tenure. Grand serjeanty was
various and included carrying the banner of the king, or his lance,
carrying his sword at his coronation, carrying his letters, summoning
his barons, conveying his treasure from place to place, being his
steward, marshal, chamberlain or constable. Many serjeanties were
connected with warfare, such as light horsemen, infantry, bowmen,
captains of the national militia, leading the infantry of certain
hundreds, military transport, carriage of armour on a horse, munitions
of war such as lances, arrows or knives. A man could hold by serjeanty
of a mesne lord, such as presiding over the lord's court, riding with
the lord or on his errands, feeding his hounds, or supplying bows and
arrows. Tenure in free socage may involve a nominal service to a lord,
such as the gift every year of a rose, a sparrowhawk, a pair of gloves,
a pair of gilt spurs, or a pound of pepper, or of incense or of wax.
Tenure in socage may originate by a gift of land to a daughter or
Public-domain text, read in full here on John Shaqi.
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