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
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]
No sheriff or bailiff of ours, or any other man, shall take horses or
carts of any freeman for carriage without the owner's consent. HE SHALL
PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH TWO HORSES, 10d. A DAY;
FOR THREE HORSES, 14d. A DAY. NO DEMESNE CART OF ANY SPIRITUAL PERSON
OR KNIGHT OR ANY LORD SHALL BE TAKEN BY OUR BAILIFFS.
Neither we nor our bailiffs will take another man's wood for our
castles or for other of our necessaries without the owner's consent.
[XXII. HOW LONG FELONS' LANDS SHALL BE HELD BY THE KING]
We will hold the lands of persons convicted of felony for only a year
and a day [to remove the chattels and movables], after which they shall
be restored to the lords of the fees.
[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED]
All fishweirs [obstructing navigation] shall be entirely removed by the
Thames and Medway rivers, and throughout England, except upon the
seacoast.
[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE]
The [royal] writ called "praecipe in capite" [for tenements held in
chief of the Crown] shall not in the future be granted to anyone
respecting any freehold if thereby a freeman [who has a mesne lord] may
not be tried in his lord's court.
Public-domain text, read in full here on John Shaqi.
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