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._
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.
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