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
[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN AND A
LEET COURT (COURT OF CRIMINAL JURISDICTION EXCEPTING FELONIES)]
NO COUNTY COURT FROM HENCEFORTH SHALL BE HELD, BUT FROM MONTH TO MONTH;
AND WHERE GREATER TIME HAS BEEN USED, THERE SHALL BE GREATER. NOR SHALL
ANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN THE HUNDRED BUT TWICE IN
THE YEAR; AND NO WHERE BUT IN DUE PLACE AND ACCUSTOMED TIME, THAT IS,
ONCE AFTER EASTER, AND AGAIN AFTER THE FEAST OF SAINT MICHAEL. AND THE
VIEW OF FRANKPLEDGE [THE RIGHT OF ASSEMBLING THE WHOLE MALE POPULATION
OVER 12 YEARS EXCEPT CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT
THE LEET OR SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT OF
THE PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] SHALL BE
LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, SO THAT EVERY
MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO HAVE, IN THE TIME OF
KING HENRY [II] OUR GRANDFATHER, OR WHICH HE HAS SINCE PURCHASED. THE
VIEW OF FRANKPLEDGE SHALL BE SO DONE, THAT OUR PEACE MAY BE KEPT; AND
THAT THE TYTHING BE WHOLLY KEPT AS IT HAS BEEN ACCUSTOMED; AND THAT THE
SHERIFF SEEK NO OCCASIONS, AND THAT HE BE CONTENT WITH SO MUCH AS THE
SHERIFF WAS WONT TO HAVE FOR HIS VIEW-MAKING IN THE TIME OF KING HENRY
OUR GRANDFATHER.
[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN]
IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO ANY
RELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF THE SAME
HOUSE [THEREBY EXTINGUISHING THE FEUDAL RIGHTS OF THE TEMPORAL LORD].
NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION TO TAKE THE LANDS OF
ANY, AND TO LEASE THE SAME TO HIM OF WHOM HE RECEIVED IT. IF ANY FROM
HENCEFORTH GIVE HIS LANDS TO ANY RELIGIOUS HOUSE, AND THEREUPON BE
CONVICTED, THE GIFT SHALL BE UTTERLY VOID, AND THE LAND SHALL ACCRUE TO
THE LORD OF THE FEE.
{All fines unjustly and unlawfully given to us, and all amercements
levied unjustly and against the law of the land, shall be entirely
remitted or the matter decided by judgment of the twenty-five barons
mentioned below in the clause for securing the peace, or the majority of
them, together with the aforesaid Stephen, Archbishop of Canterbury, if
he himself can be present, and any others whom he may wish to bring with
him for the purpose; if he cannot be present, the business shall
nevertheless proceed without him. If any one or more of the said
twenty-five barons has an interest in a suit of this kind, he or they
shall step down for this particular judgment, and be replaced by another
or others, elected and sworn by the rest of the said barons, for this
occasion only.}
Public-domain text, read in full here on John Shaqi.
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