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The American Republic. Группа авторов
Читать онлайн.Название The American Republic
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isbn 9781614871262
Автор произведения Группа авторов
Издательство Ingram
14. General council shall consent to assessment of taxes. And for holding the general council of the kingdom concerning the assessment of aids, except in the three cases aforesaid, and for the assessing of scutages, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons of the realm, singly by our letters, and furthermore, we shall cause to be summoned generally, by our sheriffs and bailiffs, all others who hold of us in chief, for a certain day, that is to say, forty days before their meeting at least, and to a certain place; and in all letters of such summons we will declare the cause of such summons, and, summons being thus made the business shall proceed on the day appointed, according to the advice of such as shall be present, although all that were summoned come not. …
17. Courts shall administer justice in a fixed place. Common pleas shall not follow our court, but shall be holden in some place certain.
18. Land disputes shall be tried in their proper counties. Trials upon the Writs of Novel Disseisin, and of Mort d’ancestor, and of Darrein Presentment, 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 in the county, on the day, and at the place appointed.
19. Keeping the assize courts open. 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. Fines against freemen to be measured by the offense. 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 contentment; 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.
21. Same for nobles. Earls and barons shall not be amerced but by their peers, and after the degree of the offence.
22. Same for clergymen. No ecclesiastical person shall be amerced for his 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 of our bailiffs, shall hold “Pleas of the Crown.”
25. All counties, hundreds, wapentakes, and trethings, shall stand at the old rents, without any increase, except in our demesne manors.
26. If any one holding of us a lay fee die, and the sheriff, or our bailiffs, show our letters patent of summons for debt which the dead man did owe to us, it shall be lawful for the sheriff or our bailiff to attach and register the chattels of the dead, found upon his lay fee, to the amount of the debt, by the view of lawful men, so as nothing be removed until our whole clear debt be paid; and the rest shall be left to the executors to fulfil the testament of the dead; and if there be nothing due from him to us, all the chattels shall go to the use of the dead, saving to his wife and children their reasonable shares.
27. If any freeman shall die intestate, his chattels shall be distributed by the hands of his nearest relations and friends, by view of the Church, saving to every one his debts which the deceased owed to him.
28. Compensation for the taking of private property. No constable or bailiff of ours shall take corn or other chattels of any man unless he presently give him money for it, or hath respite of payment by the good-will of the seller.
29. No constable shall distrain any knight to give money for castle-guard, if he himself will do it in his person, or by another able man, in case he cannot do it through any reasonable cause. And if we have carried or sent him into the army, he shall be free from such guard for the time he shall be in the army by our command.
30. No taking of horses or carts without consent. No sheriff or bailiff of ours, or any other, shall take horses or carts of any freeman for carriage, without the assent of the said freeman.
31. No taking of trees for timber without consent. Neither shall we nor our bailiffs take any man’s timber for our castles or other uses, unless by the consent of the owner of the timber.
32. We will retain the lands of those convicted of felony only one year and a day, and then they shall be delivered to the lord of the fee.
33. All kydells (wears) for the time to come shall be put down in the rivers of Thames and Medway, and throughout all England, except upon the seacoast.
34. The writ which is called proecipe, for the future, shall not be made out to any one, of any tenement, whereby a freeman may lose his court.
35. Uniform weights and measures. There shall be one measure of wine and one of ale through our whole realm; and one measure of corn, that is to say, the London quarter; and one breadth of dyed cloth, and russets, and haberjects, that is to say, two ells within the lists; and it shall be of weights as it is of measures.
36. Nothing from henceforth shall be given or taken for a writ of inquisition of life or limb, but it shall be granted freely, and not denied.
37. If any do hold of us by fee-farm, or by socage, or by burgage, and he hold also lands of any other by knight’s service, we will have the custody of the heir or land, which is holden of another man’s fee by reason of that fee-farm, socage, or burgage; neither will we have the custody of the fee-farm, or socage, or burgage, unless knight’s service was due to us out of the same fee-farm. We will not have the custody of an heir, nor of any land which he holds of another by knight’s service, by reason of any petty serjeanty by which he holds of us, by the service of paying a knife, an arrow, or the like.
38. No bailiff from henceforth shall put any man to his law upon his own bare saying, without credible witnesses to prove it.
39. Guarantee of judgment by one’s peers and of proceedings according to the “law of the land.” No freeman shall be taken or imprisoned, or disseised, or outlawed, or banished, or any ways destroyed, nor will we pass upon him, nor will we send upon him, unless by the lawful judgment of his peers, or by the law of the land.
40. Guarantee of equal justice (equality before the law). We will sell to no man, we will not deny or delay to any man, either justice or right.
41. Freedom of movement for merchants. All merchants shall have safe and secure conduct, to go out of, and to come into England, and to stay there and to pass as well by land as by water, for buying and selling by the ancient and allowed customs, without any unjust tolls; except in time of war, or when they are of any nation at war with us. And if there be found any such in our land, in the beginning of the war, they shall be attached, without damage to their bodies or goods, until it be known unto us, or our chief justiciary, how our merchants be treated in the nation at war with us; and if ours be safe there, the others shall be safe in our dominions.
42. Freedom to leave and reenter the kingdom. It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely by land or by water, saving his allegiance to us; unless in time of war, by some short space, for the common benefit of the realm, except prisoners and outlaws, according to the law of the land, and people in war with us, and merchants who shall be treated as is above mentioned.
43. If any man hold of any escheat as of the honour of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which be in our hands, and are baronies, and die, his heir shall give no other relief, and perform no other service to us than he would to the baron, if it were in the baron’s hand; and we will hold it after the same manner as the baron held it.
44.