Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Judges were then but the servants of the king and he could move them
about as mere pawns upon the chess board of his own expediency,
or dismiss them, at a moment’s notice, if they refused to do his
bidding.[41] Hubert de Burgh succeeded Hubert Walter and Geoffry Fitz
Peter, as Chief Justiciar, but he seldom sat on the bench and was
removed in 1232,[42] when the Chief Justiciarship was committed to a
lawyer, named Stephen Segrave. The latter was disgraced and dismissed by
the King, in 1234, just two years after his appointment and from this
period until 1258, or until the revolution, the justiciarship was in
abeyance.[43]
In lieu of an appeal, or writ of error, which challenged the sufficiency
or correctness of a record or judgment, instead of the judge himself,
we find that from the time of Cnut, until the reign of Henry I., if a
judgment was challenged the proceeding was what was known as that of
“false judgment,” growing out of the practice of early Saxon days, when
a litigant who was dissatisfied with a decision or “doom,” charged the
doomsman who uttered it with falsehood.[44]
Until the thirteenth century the exception to a given judgment or decree
of an inferior court was tested by the charge of “false judgment.” The
record was transferred from the inferior tribunal to the superior one by
certain knights, appointed for the purpose. Frequently, these knights
would challenge the litigant questioning the correctness of the judgment
to trial by battle, to test the correctness of the decree[45] but if this
were not done, and the issue upon the legality of the finding of the
lower court thus determined, the justices of the king’s court proceeded
to examine the record.
If the King’s Justices found, on an examination of the record that the
judgment of the county, the hundred or the manor, were wrong, a fine
was assessed against the judge rendering the erroneous judgment and by
a finding of “false judgment” a Lord lost forever the right to hold a
court.[46]
Here was a method of recall, almost as bad as that existing under the
Babylonian Empire, for instead of removing the judge who attempted to
right a wrong, he was removed before having been given the opportunity to
get right.
As late as the year 1219 we find that the justices in eyre were brought
before the justices of the Court of King’s Bench, upon a charge of
“false judgment,” for having unlawfully condemned a man to death and
upon examination of the record by the Council, their judgment was set
aside and they were amerced with a fine for having entered such a “false
judgment.”[47]
Public-domain text, read in full here on John Shaqi.
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