Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
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 murder fine (imposed by the king
or lord from the hundred or town where the murder was committed when the
murderer had not been apprehended).
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.
Public-domain text, read in full here on John Shaqi.
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