Civil Government in the United States Considered with eBook

This eBook from the Gutenberg Project consists of approximately 397 pages of information about Civil Government in the United States Considered with.

Civil Government in the United States Considered with eBook

This eBook from the Gutenberg Project consists of approximately 397 pages of information about Civil Government in the United States Considered with.

15.  We will not for the future grant to any one that he may take aid of his own free tenants, unless to ransom his body, and to make his eldest son a knight, and once to marry his eldest daughter; and for this there shall be only paid a reasonable aid.

16.  No man shall be distrained to perform more service for a knight’s fee, or other free tenement, than is due from thence.

17.  Common pleas shall not follow our court, but shall be holden in some place certain.

18.  Trials upon the Writs of Novel Disseisin,[27] and of Mort d’ancestor,[28] and of Darrein Presentment,[29] shall not be taken but in their proper counties, and after this manner:  We, or if we should be out of the realm, our chief justiciary, will send two justiciaries through every county four times a year, who, with four knights of each county, chosen by the county, shall hold the said assizes[30] in the county, on the day, and at the place appointed.

[Footnote 27:  Dispossession.]

[Footnote 28:  Death of the ancestor; that is, in cases of disputed succession to land.]

[Footnote 29:  Last presentation to a benefice.]

[Footnote 30:  The word Assize here means an assembly of knights or other substantial persons, held at a certain time and place where they sit with the Justice.  ‘Assisa’ or ‘Assize’ is also taken for the court, place, or time at which the writs of Assize are taken.—­Thompson’s Notes.]

19.  And if any matters cannot be determined on the day appointed for holding the assizes in each county, so many of the knights and freeholders as have been at the assizes aforesaid shall stay to decide them as is necessary, according as there is more or less business.

20.  A freeman shall not be amerced for a small offence, but only according to the degree of the offence; and for a great crime according to the heinousness of it, saving to him his contenement;[31] and after the same manner a merchant, saving to him his merchandise.  And a villein shall be amerced after the same manner, saving to him his wainage, if he falls under our mercy; and none of the aforesaid amerciaments shall be assessed but by the oath of honest men in the neighbourhood.

[Footnote 31:  “That by which a person subsists and which is essential to his rank in life.”]

21.  Earls and barons shall not be amerced but by their peers, and after the degree of the offence.

22.  No ecclesiastical person shall be amerced for his lay tenement, but according to the proportion of the others aforesaid, and not according to the value of his ecclesiastical benefice.

23.  Neither a town nor any tenant shall be distrained to make bridges or embankments, unless that anciently and of right they are bound to do it.

24.  No sheriff, constable, coroner, or other our bailiffs, shall hold “Pleas of the Crown.” [32]

[Footnote 32:  These are suits conducted in the name of the Crown against criminal offenders.]

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Civil Government in the United States Considered with from Project Gutenberg. Public domain.