Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN
AND A LEET (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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