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
A Justice of the Peace to whom has been reported hunting by
persons disguised with painted faces or visors or otherwise, may
make a warrant for the sheriff or other county officer to arrest
such persons and bring them before the justice. Such hunting in
disguise or hunting at night or disobeying such warrant is a
felony. This is to stop large mobs of disguised people from
hunting together and then causing riots, robberies, and murders.
Benefit of clergy may be used only once, since this privilege has
made clerics more bold in committing murder, rape, robbery, and
theft. However, there will be no benefit of clergy in the case
of murder of one's immediate lord, master, or sovereign. (This
begins the gradual restriction of benefit of clergy until it
disappears.)
For an issue of riot or unlawful assembly, the sheriff shall call
24 jurors, each of lands and tenements at least 20s. of charter
land or freehold or 26s.8d. of copyhold or of both. For each
default of the sheriff, he shall pay 400s. And if the jury
acquits, then the justice, sheriff, and under-sheriff shall
certify the names of any jurors maintained or embraced and their
misdemeanors, or forfeit 400s. Any person proved to be a
maintainer or embracer shall forfeit 400s. to the King and be
committed to ward.
The principal leaders of any riot or unlawful assembly shall be
imprisoned and fined and be bound to the peace with sureties at
a sum determined by the Justices of the Peace. If the riot is by
forty people or heinous, the Justices of Peace shall certify
such and send the record of conviction to the King.
The penalty for giving or taking livery is 100s. per month. The
penalty for causing oneself to be retained is 40s. per day.
The King's steward, Treasurer, and comptroller have authority to
question by twelve discreet persons any servant of the King
about making any confederacies, compassings, conspiracies, or
imaginations with any other person to destroy or murder the King
or one of his council or a lord. Trial shall be by twelve men of
the King's household and punishment as by felony in the common
law.
When a land holder enfeoffs his land and tenements to people
unknown to the remainderman in tail, so that he does not know
who to sue, he may sue the receiver of the profits of the land
and tenements for a remedy. And the receivers shall have the
same advantages and defenses as the feoffees or as if they were
tenants. And if any deceased person had the use for himself and
his heirs, then any of his heirs shall have the same advantages
and defenses as if his ancestor had died seised of the land and
tenements. And all recoveries shall be good against all
receivers and their heirs, and the feofees and their heirs, and
the co-feoffees of the receivers and their heirs, as though the
receivers were tenants indeed, or feofees to their use, or their
heirs of the freehold of the land and tenements.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account