Our Legal Heritage Part 19

6) And the churches and barons and citizens shall have and hold in peace and security their rights of jurisdiction [in civil and criminal matters] along with all their dues, in such a way that lessees who occupy property in districts under private jurisdiction shall pay dues to no one except the man to whom the jurisdiction belongs, or to the official whom he has placed there.

7) And a citizen of London shall not be amerced [fined by a court when the penalty for an offense is not designated by statute] to forfeiture of a sum greater than his wergeld, [hereby a.s.sessed as] 100 s.h.i.+llings, in a case involving money.

8) And further there shall be no miskenning [false plea causing a person to be summoned to court] in a husting [weekly court] or in a folkmote [meeting of the community], or in any other court within the City.

9) And the Hustings [court] shall sit once a week on Monday.

10) And I a.s.sure to my citizens their lands and the property mortgaged to them and the debts due to them both within the City and without.

11) And with regard to lands about which they have pled in suit before me, I shall maintain justice on their behalf, according to the law of the City.

12) And if anyone has exacted toll or tax from citizens of London, the citizens of London within the city shall [have the right to] seize [by process of law] from the town or village where the toll or tax was exacted a sum equivalent to that which the citizen of London gave as toll and hence sustained as loss.

13) And all those who owe debts to citizens shall pay them or shall clear themselves in London from the charge of being in debt to them.

14) But if they have refused to pay or to come to clear themselves, then the citizens to whom they are in debt shall [have the right to]

seize [by process of law] their goods [including those in the hands of a third party, and bring them] into the city from the [town, village or]

county in which the debtor lives [as pledges to compel appearance in court].

15) And the citizens shall enjoy as good and full hunting rights as their ancestors ever did, namely, in the Chilterns, in Middles.e.x, and in Surrey.

Witnessed at Westminster."

The above right not to take part in any case outside the city relieved London citizens from the burden of traveling to wherever the King's court happened to be, the disadvantage of not knowing local customs, and the difficulty of speaking in the language of the King's court rather than in English. The right of redress for tolls exacted was new because the state of the law was that the property of the inhabitants was liable to the king or superior lord for the common debt.

Newcastle-on-Tyne was recognized by the king as having certain customs, so the following was not called a grant:

"These are the laws and customs which the burgesses of Newcastle upon Tyne had in the time of Henry King of England and ought to have.

[1] Burgesses can distrain [take property of another until the other performs his obligation] upon foreigners within, or without their own market, within or without their own houses, and within or without their own borough without the leave of the reeve, unless the county court is being held in the borough, and unless [the foreigners are] on military service or guarding the castle.

[2] A burgess cannot distrain upon a burgess without the leave of the reeve.

[3] If a burgess have lent anything of his to a foreigner, let the debtor restore it in the borough if he admits the debt, if he denies it, let him justify himself in the borough.

[4] Pleas which arise in the borough shall be held and concluded there, except pleas of the Crown.

[5] If any burgess be appealed [sued] of any plaint, he shall not plead without the borough, unless for default of [the borough] court.

[6] Nor ought he to answer without day and term, unless he have fallen into 'miskenning' [error in pleading], except in matters which pertain to the Crown.

[7] If a s.h.i.+p have put in at Tynemouth and wishes to depart, the burgesses may buy what they will [from it].

[8] If a plea arise between a burgess and a merchant, it shall be concluded before the third ebb of the tide.

[9] Whatever merchandise a s.h.i.+p has brought by sea must be landed, except salt; and herring ought to be sold in the s.h.i.+p.

[10] If any man have held land in burgage for a year and a day, lawfully and without claim, he shall not answer a claimant, unless the claimant have been without the realm of England, or a child not of age to plead.

[11] If a burgess have a son, he shall be included in his father's freedom if he be with his father.