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
The above right not to take part in any case outside the city
relieved London citizens from the burden of traveling to
wherever the King's court happened to be, the disadvantage of
not knowing local customs, and the difficulty of speaking in the
language of the King's court rather than in English. The right
of redress for tolls exacted was new because the state of the law
was that the property of the inhabitants was liable to the King
or superior lord for the common debt.
Craft guilds grew up in the towns, such as the tanners at Oxford,
which later merged with the shoemakers into a cordwainers'
guild. There were weavers' guilds in several towns given royal
sanction. They paid an annual tribute and were given a monopoly
of weaving cloth within a radius of several miles. Guild rules
covered attendance of the members at church services, the
promotion of pilgrimages, celebration of masses for the dead,
common meals, relief of poor brethren and sisters, the hours of
labor, the process of manufacture, the wages of workmen, and
technical education.
Newcastle-on-Tyne was recognized by the King as having certain
customs, so the following was not called a grant:
"These are the laws and customs which the burgesses of Newcastle
upon Tyne had in the time of Henry King of England and ought to
have.
[1] Burgesses can distrain [take property of another until the
other performs his obligation] upon foreigners within, or
without their own market, within or without their own houses,
and within or without their own borough without the leave of the
reeve, unless the county court is being held in the borough, and
unless [the foreigners are] on military service or guarding the
castle.
[2] A burgess cannot distrain upon a burgess without the leave of
the reeve.
[3] If a burgess have lent anything of his to a foreigner, let
the debtor restore it in the borough if he admits the debt, if
he denies it, let him justify himself in the borough.
[4] Pleas which arise in the borough shall be held and concluded
there, except pleas of the Crown.
[5] If any burgess be appealed [sued] of any plaint, he shall not
plead without the borough, unless for default of [the borough]
court.
[6] Nor ought he to answer without day and term, unless he have
fallen into 'miskenning'[error in pleading], except in matters
which pertain to the Crown.
[7] If a ship have put in at Tynemouth and wishes to depart, the
burgesses may buy what they will [from it].
[8] If a plea arise between a burgess and a merchant, it shall be
concluded before the third ebb of the tide.
[9] Whatever merchandise a ship has brought by sea must be
landed, except salt; and herring ought to be sold in the ship.
[10] If any man have held land in burgage for a year and a day,
lawfully and without claim, he shall not answer a claimant,
unless the claimant have been without the realm of England, or a
child not of age to plead.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account