Our Legal Heritage Part 36

[XVIII. THE KING'S DEBTOR DYING, THE KING SHALL BE FIRST PAID]

If anyone holding a lay fee of us dies, and our sheriff or our bailiff show our letters patent [public letter from a sovereign or one in authority] of summons for a debt due to us from the deceased, it shall be lawful for such sheriff or bailiff to attach and list the goods and chattels of the deceased found in the lay fee to the value of that debt, by the sight and testimony of lawful men [to prevent taking too much], so that nothing thereof shall be removed therefrom until our whole debt is paid; then the residue shall be given up to the executors to carry out the will of the deceased. If there is no debt due from him to us, all his chattels shall remain the property of the deceased, saving to his wife and children their reasonable shares.

{If any freeman dies intestate, his chattels shall be distributed by his nearest kinfolk and friends, under supervision of the Church, saving to each creditor the debts owed him by the deceased.}

[XIX. PURVEYANCE FOR A CASTLE]

No constable or other of our bailiffs shall take grain or other chattels of any man without immediate payment, unless the seller voluntarily consents to postponement of payment. THIS APPLIES IF THE MAN IS NOT OF THE TOWN WHERE THE CASTLE IS. BUT IF THE MAN IS OF THE SAME TOWN AS WHERE THE CASTLE IS, THE PRICE SHALL BE PAID TO HIM WITHIN 40 DAYS.

[XX. DOING OF CASTLE-GUARD]

No constable shall compel any knight to give money for keeping of his castle in lieu of castle-guard when the knight is willing to perform it in person or, if reasonable cause prevents him from performing it himself, by some other fit man. Further, if we lead or send him into military service, he shall be excused from castle-guard for the time he remains in service by our command.

[XXI. TAKING OF HORSES, CARTS, AND WOOD]

No sheriff or bailiff of ours, or any other man, shall take horses or carts of any freeman for carriage without the owner's consent. HE SHALL PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH TWO HORSES, 10d. A DAY; FOR THREE HORSES, 14d. A DAY. NO DEMESNE CART OF ANY SPIRITUAL PERSON OR KNIGHT OR ANY LORD SHALL BE TAKEN BY OUR BAILIFFS.

Neither we nor our bailiffs will take another man's wood for our castles or for other of our necessaries without the owner's consent.

[XXII. HOW LONG FELONS' LANDS SHALL BE HELD BY THE KING]

We will hold the lands of persons convicted of felony for only a year and a day [to remove the chattels and movables], after which they shall be restored to the lords of the fees.

[XXIII. IN WHAT PLACE WEIRS SHALL BE REMOVED]

All fishweirs [obstructing navigation] shall be entirely removed by the Thames and Medway rivers, and throughout England, except upon the seacoast.

[XXIV. IN WHAT CASE A PRAECIPE IN CAPITE IS NOT GRANTABLE]

The [royal] writ called "praecipe in capite" [for tenements held in chief of the Crown] shall not in the future be granted to anyone respecting any freehold if thereby a freeman [who has a mesne lord] may not be tried in his lord's court.

[XXV. THERE SHALL BE BUT ONE MEASURE THROUGHOUT THE REALM]

There shall be one measure of wine throughout our realm, one measure of ale, and one measure of grain, to wit, the London quarter, and one breadth of dyed cloth, russets, and haberjets, to wit, two {ells} YARDS within the selvages. As with measures so shall it also be with weights.

[XXVI. INQUISITION OF LIFE AND LIMB]

Henceforth nothing shall be given or taken for a writ of inquisition upon life or limb, but it shall be granted freely and not denied.

[XXVII. TENURE OF THE KING IN SOCAGE AND OF ANOTHER BY KNIGHT'S SERVICE.

PEt.i.t SERJEANTY.]

If anyone holds of us by fee farm, socage, or burgage, and also holds land of another by knight's service, we will not by reason of that fee farm, socage, or burgage have the wards.h.i.+p of his heir, or the land which belongs to another man's fee. Nor will we have the custody of such fee farm, socage, or burgage unless such fee farm owe knight's service.

We will not have the wards.h.i.+p of any man's heir, or the land which he holds of another by knight's service, by reason of any petty serjeanty which he holds of us by service of rendering us knives, arrows, or the like.

[XXVIII. WAGES OF LAW SHALL NOT BE WITHOUT WITNESS]

In the future no [royal] bailiff shall upon his own unsupported accusation put any man to trial or oath without producing credible witnesses to the truth of the accusation.

[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT BE SOLD OR DELAYED.]