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
No man shall be compelled to perform more service for a knight's
fee nor any freehold than is due therefrom.
[XI. COMMON PLEAS SHALL NOT FOLLOW THE KING'S COURT]
People who have Common Pleas shall not follow our Court traveling
about the realm, but shall be heard in some certain place.
[XII. WHERE AND BEFORE WHOM ASSIZES SHALL BE TAKEN. ADJOURNMENT
FOR DIFFICULTY]
{Land assizes of novel disseisin, mort d'ancestor and darrein
presentment shall be heard only in the county where the property
is situated, and in this manner: We or, if we are not in the
realm, our Chief Justiciary, shall send two justiciaries through
each county four times a year [to clear and prevent backlog],
and they, together with four knights elected out of each county
by the people thereof, shall hold the said assizes in the county
court, on the day and in the place where that court meets.}
ASSIZES OF NOVEL DISSEISIN, MORT D'ANCESTOR SHALL BE HEARD ONLY
IN THE COUNTY WHERE THE PROPERTY IS SITUATED, AND IN THIS
MANNER: WE, OR IF WE ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY,
SHALL SEND JUSTICIARIES THROUGH EACH COUNTY ONCE A YEAR, AND
THEY TOGETHER WITH KNIGHTS OF THAT COUNTY SHALL HOLD THE SAID
ASSIZES IN THE COUNTY.
{If the said assizes cannot be held on the day appointed, so many
of the knights and freeholders as were present on that day shall
remain as will be sufficient for the administration of justice,
according to the amount of business to be done.}
AND THOSE THINGS THAT AT THE COMING OF OUR FORESAID JUSTICIARIES,
BEING SENT TO TAKE THOSE ASSIZES IN THE COUNTIES, CANNOT BE
DETERMINED, SHALL BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR
CIRCUIT; AND THOSE THINGS WHICH FOR DIFFICULTY OF SOME ARTICLES
CANNOT BE DETERMINED BY THEM, SHALL BE REFERRED TO OUR JUSTICES
OF THE BENCH AND THERE SHALL BE ENDED.
[XIII. ASSIZES OF DARREIN PRESENTMENT]
ASSIZES OF DARREIN PRESENTMENT SHALL ALWAYS BE TAKEN BEFORE OUR
JUSTICES OF THE BENCH AND THERE SHALL BE DETERMINED.
[XIV. HOW MEN OF ALL SORTS SHALL BE AMERCED AND BY WHOM]
A free man shall be amerced [made to pay a fine to the King] for
a small offence only according to the degree thereof, and for a
serious offence according to its magnitude, saving his position
and livelihood; and in like manner a merchant, saving his trade
and merchandise, and a villein saving his tillage, if they
should fall under our mercy. None of these amercements shall be
imposed except by the oath of honest men of the neighborhood.
Earls and barons shall be amerced only by their peers, and only
in accordance with the seriousness of the offense.
{No amercement shall be imposed upon a cleric's lay tenement,
except in the manner of the other persons aforesaid, and without
regard to the value of his ecclesiastical benefice.}
NO MAN OF THE CHURCH SHALL BE AMERCED EXCEPT IN ACCORDANCE WITH
THE SERIOUSNESS OF THE OFFENCE AND AFTER HIS LAY TENEMENT, BUT
NOT AFTER THE QUANTITY OF HIS SPIRITUAL BENEFICE.
[XV. MAKING OF BRIDGES AND BANKS]
Public-domain text, read in full here on John Shaqi.
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