The Growth of Parliament and the War with Scotland (1216-1307)
History
The Growth of Parliament and the War with Scotland (1216-1307)
Great Britain -- History -- 13th century -- Sources; Great Britain. Parliament -- History -- To 1500
I. Forasmuch as, from day to day, robberies, homicides, and arsons
happen more frequently than they did in aforetime, and felonies cannot
be attained by oath of jurors who more willingly suffer felonies done to
strangers to pass without punishment than to indict the evil doers,
since many of them are men of the same neighbourhood, or at least, if
the malefactors be of another district, their receivers are of the
neighbourhood; and this they do because a positive oath has never been
put upon jurors nor upon the district where the felonies were committed
for restitution of damages, and hitherto no punishment has been provided
for concealment or overlooking; our lord the King, to abate the power of
felons, has established a punishment in such cases, so that for fear of
the punishment more than for fear of the oath, they should spare no one
henceforth, and conceal no felony; and he commands that proclamation of
this punishment be solemnly made in all counties, hundreds, markets,
fairs, and other places, where people are wont to assemble, so that no
one may excuse himself on plea of ignorance, and each county may
henceforth be so properly guarded, that immediately after robberies and
felonies fresh suit be made from town to town, and from district to
district.
II. Likewise inquests shall be made, if need be, in towns by him who is
lord of the town, and afterwards in hundreds and in franchises and in
counties, and sometimes in two, three, or four counties, in those cases
where felonies shall be done on the boundaries of counties, so that
malefactors may be attainted. And if the district will not answer for
the persons of such manner of offenders, the punishment shall be such
that each district, that is to say, the people dwelling in the district,
shall be answerable for the robberies done and the damages; so that
every hundred where a robbery takes place, or the franchises which are
within the precinct of the same hundred, shall be answerable for the
robbery. And should the robbery take place on the boundary between two
hundreds, both hundreds shall be answerable, together with the
franchises they contain; and the district shall have no longer a term,
after the committing of the robbery and felony, than forty days within
which to give satisfaction for the robbery and for the offence, or to
answer for the bodies of the evildoers.
III. And inasmuch as the King does not wish that people should be
suddenly impoverished by this penalty, which may seem hard to some, he
grants that it be not immediately enforced, but that respite be had
until next Easter, and within that time he will take note how the
district acts, and whether such robberies and felonies cease. After
which term all may be assured that the aforesaid penalty shall be
applied generally in this way, that every district, that is to say, the
people dwelling in the district, shall be answerable for the robberies
and felonies done in their district.
Public-domain text, read in full here on John Shaqi.
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