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Reilly, S. A.

"Our Legal Heritage : 600-1776 King Aehelbert - King George III"

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 GIFT SHALL BE
UTTERLY VOID, AND THE LAND SHALL ACCRUE TO THE LORD OF THE FEE.
{All fines unjustly and unlawfully given to us, and all
amercements levied unjustly and against the law of the land, shall
be entirely remitted or the matter decided by judgment of the
twenty-five barons mentioned below in the clause for securing the
peace, or the majority of them, together with the aforesaid
Stephen, Archbishop of Canterbury, if he himself can be present,
and any others whom he may wish to bring with him for the purpose;
if he cannot be present, the business shall nevertheless proceed
without him. If any one or more of the said twenty-five barons has
an interest in a suit of this kind, he or they shall step down for
this particular judgment, and be replaced by another or others,
elected and sworn by the rest of the said barons, for this
occasion only.


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