|
ard our Brother afforested, and
concerning custodies of lands which are of the fee of another,
which we hitherto have held by reason of the fee which some person
has held of us by knight's service, and to abbeys founded on fees
other than our own, in which the lord of that fee asserts his
right. When we return from our pilgrimage, or if we do not
undertake it, we will forthwith do full justice to the
complainants in these matters.}
[XXXIV. IN WHAT ONLY CASE A WOMAN SHALL HAVE AN APPEAL OF DEATH]
No one shall be arrested or imprisoned upon a woman's appeal for
the death of any person other than her husband [since no woman was
expected to personally engage in trial by combat].
[XXXV. AT WHAT TIME SHALL BE KEPT A COUNTY COURT, SHERIFF'S TURN
AND A LEET COURT (COURT OF CRIMINAL JURISDICTION EXCEPTING
FELONIES)]
NO COUNTY COURT FROM HENCEFORTH SHALL BE HELD, BUT FROM MONTH TO
MONTH; AND WHERE GREATER TIME HAS BEEN USED, THERE SHALL BE
GREATER. NOR SHALL ANY SHERIFF, OR HIS BAILIFF, KEEP HIS TURN IN
THE HUNDRED BUT TWICE IN THE YEAR; AND NO WHERE BUT IN DUE PLACE
AND ACCUSTOMED TIME, THAT IS, ONCE AFTER EASTER, AND AGAIN AFTER
THE FEAST OF SAINT MICHAEL. AND THE VIEW OF FRANKPLEDGE [THE RIGHT
OF ASSEMBLING THE WHOLE MALE POPULATION OVER 12 YEARS EXCEPT
CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT THE LEET OR
SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT OF THE
PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] SHALL BE
LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, SO THAT
EVERY MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO HAVE, IN
THE TIME OF KING HENRY [II] OUR GRANDFATHER, OR WHICH HE HAS SINCE
PURCHASED. THE VIEW OF FRANKPLEDGE SHALL BE SO DONE, THAT OUR
PEACE MAY BE KEPT; AND THAT THE TYTHING BE WHOLLY KEPT AS IT HAS
BEEN ACCUSTOMED; AND THAT THE SHERIFF SEEK NO OCCASIONS, AND THAT
HE BE CONTENT WITH SO MUCH AS THE SHERIFF WAS WONT TO HAVE FOR HIS
VIEW-MAKING IN THE TIME OF KING HENRY OUR GRANDFATHER.
[XXXVI. NO LAND SHALL BE GIVEN IN MORTMAIN]
IT SHALL NOT BE LAWFUL FROM HENCEFORTH TO ANY TO GIVE HIS LAND TO
ANY RELIGIOUS HOUSE, AND TO TAKE THE SAME LAND AGAIN TO HOLD OF
THE SAME HOUSE [THEREBY EXTINGUISHING THE FEUDAL RIGHTS OF THE
TEMPORAL LORD]. NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION TO
TAKE THE LANDS OF ANY, AND TO LEASE THE SAME TO HIM OF WHOM HE
RECEIVED IT. IF ANY FROM HENCEFORTH GIVE HIS LANDS TO ANY
RELIGIOUS HOUSE, AND THEREUPON BE CONVICTED, THE GI
|