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
9. Every man is bound to make recompense for such hurt as his
beasts do in the growing grain or grass of his neighbor, though
he didn't know that they were there.
10. He who has possession of land, though it is by disseisin, has
right against all men but against him who has right.
11. The rents, commons of pasture, of turbary [digging turf],
reversions, remainders, nor such other things which lie not in
manual occupation, may not be given or granted to another
without writing.
12. If a villein purchase lands, and the lord enter, he shall
enjoy the land as his own. But if the villein alienates before
the lord enters, he alienation is good. And the same law is of
goods.
13. Escuage [shield service for 40 days] uncertain makes knight's
service. Escuage certain makes socage.
14. He who holds by castle-guard, holds by knight's service, but
he does not hold by escuage. He that holds by 20s. to the guard
of a castle holds by socage.
15. A descent takes away an entry.
16. No prescription [assertion of a right or title to the
enjoyment of a thing, on the ground of having had the
uninterrupted and immemorial enjoyment of it] in lands makes a
right.
17. A prescription of rent and profits out of land makes a right.
18. The limitation of a prescription generally taken is from the
time that no man's mind runs to the contrary.
19. Assigns may be made upon lands given in fee, for term of
life, or for term of years, though no mention be made of
assigns; and the same law is of a rent that is granted; but
otherwise it is of a warranty, and of a covenant.
20. He who recovers debt or damages in the King's court when the
person charged is not in custody, may within a year after the
judgment take the body of the defendant, and commit him to
prison until he has paid the debt and damages.
21. If a release or confirmation is made to him who, at the time
of the release made, had nothing in the land, the release or
confirmation is void, except in certain cases, such as to vouch.
22. A condition to avoid a freehold cannot be pleaded without a
deed; but to avoid a gift of chattel, it may be pleaded without
deed.
23. A release or confirmation made by him, that at the time of
the release or confirmation made had no right, is void in law,
though a right comes to him after; except if it is with
warranty, and then it shall bar him to all right that he shall
have after the warranty is made.
24. If land and rent that is going out of the same land, comes
into one man's hand of like estate, and like surety of title,
the rent is extinct.
25. If land descends to him who has right to the same land
before, he shall be remitted to his better title, if he will.
26. If two titles are concurrent together, the oldest title shall
be preferred.
27. If a real action be sued against any man who has nothing in
the thing demanded, the writ shall abate at the common law.
Public-domain text, read in full here on John Shaqi.
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