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
{We will not in the future grant permission to any man to levy an aid
upon his free men, except to ransom his person, make his eldest son a
knight, and once to marry his eldest daughter, and on each of these
occasions only a reasonable aid shall be levied.}
[X. NONE SHALL DISTRAIN FOR MORE SERVICE THAN IS DUE.]
No man shall be compelled to perform more service for a knight's fee nor
any freehold than is due therefrom.
[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT]
People who have Common Pleas shall not follow our Court traveling about
the realm, but shall be heard in some certain place.
[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT FOR
DIFFICULTY]
{Land assizes of novel disseisin, mort d'ancestor and darrein
presentment shall be heard only in the county where the property is
situated, and in this manner: We or, if we are not in the realm, our
Chief Justiciary, shall send two justiciaries through each county four
times a year [to clear and prevent backlog], and they, together with
four knights elected out of each county by the people thereof, shall
hold the said assizes in the county court, on the day and in the place
where that court meets.}
ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY IN THE
COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS MANNER: WE, OR IF WE
ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL SEND JUSTICIARIES
THROUGH EACH COUNTY ONCE A YEAR, AND THEY TOGETHER WITH KNIGHTS OF THAT
COUNTY SHALL HOLD THE SAID ASSIZES IN THE COUNTY.
{If the said assizes cannot be held on the day appointed, so many of the
knights and freeholders as were present on that day shall remain as will
be sufficient for the administration of justice, according to the amount
of business to be done.}
AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES, BEING
SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE DETERMINED, SHALL
BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR CIRCUIT; AND THOSE THINGS
WHICH FOR DIFFICULTY OF SOME ARTICLES CANNOT BE DETERMINED BY THEM,
SHALL BE REFERRED TO OUR JUSTICES OF THE BENCH AND THERE SHALL BE ENDED.
[XIII. ASSIZES OF DARREIN PRESENTMENT]
ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR JUSTICES
OF THE BENCH AND THERE SHALL BE DETERMINED.
[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM]
A freeman shall be amerced [made to pay a fine to the King] for a small
offense only according to the degree thereof, and for a serious offense
according to its magnitude, saving his position and livelihood; and in
like manner a merchant, saving his trade and merchandise, and a villein
saving his tillage, if they should fall under our mercy. None of these
amercements shall be imposed except by the oath of honest men of the
neighborhood.
Earls and barons shall be amerced only by their peers, and only in
accordance with the seriousness of the offense.
Public-domain text, read in full here on John Shaqi.
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