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
At the end of this period was the reign of King John, a short man.
After his mother Eleanor's death in 1204, John ruled without her
influence. He had no conscience and his oaths were no good. He trusted
and was trusted by no one. He had a huge appetite for money. He imposed
2,000 pounds [3,000 marks] on London for confirmation of its charter. He
imposed levies on the capital value of all personal and moveable goods.
It began the occasional subsidies called "tenths and fifteenths" from
all people on incomes from movables: one-tenth from boroughs and royal
demesne land, and one-fifteenth elsewhere. He sold the wardships of
minors and the marriages of heiresses to the highest bidder, no matter
how base. He appointed unprincipled men to be both sheriff and justice,
enabling them to blackmail property holders with vexatious writs and
false accusations. Writs were withheld or sold at exorbitant prices.
Crushing penalties were imposed to increase the profits of justice. He
asserted over fowls of the air the same exclusive right as over beasts
of the forest. The story of Robin Hood portrays John's attempt to gain
the crown prematurely while Richard was on the Crusades to recover
Jerusalem for Christendom.In 1213, strong northern barons refused a
royal demand for service in France or scutage, arguing that the amount
was not within custom or otherwise justified. John had private and
public enemies. No one trusted him and he trusted no one. His heavy
handed and arbitrary rule quickly alienated all sectors of the
population: other barons, bishops, London, and the commons. They joined
the barons to pressure him to sign the Magna Carta correcting his
abuses. For instance, since John had extracted many heavy fines from
barons by personally adjudging them blameworthy in disputes with others,
the barons wanted judgment by their peers under the established law of
the courts. In arms, the barons forced John to sign the Magna Carta
correcting his abuses.
- The Law -
No one, including the lord of a manor, may take land from anyone else,
for instance, by the customary process of distress, without a judgment
from the Royal Court. This did not apply to London, where a landlord
leasing or renting land could take distress in his fee.
No one, including the lord of a manor, shall deprive an heir of the
land possessed by his father, i.e. his birthright.
A tenant may marry off a daughter unless his lord shows some just cause
for refusing to consent to the marriage. A tenant had to pay an "aid" to
his lord when the lord's daughter married, when the lord's son was
knighted, or when the lord's person was ransomed.
A man [or woman] may not will away his land, but he may sell it during
his lifetime.
The land of a knight or other tenant of a military fee is inherited by
his eldest son. The socage land of a free sokeman goes by its ancient
custom before the Norman Conquest.
Public-domain text, read in full here on John Shaqi.
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