Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
Debts of country knights and freeholders were heard in the local
courts; debts of merchants and burgesses were heard in the courts
of the fairs and boroughs; debts due under wills and testaments
were heard in the ecclesiastical courts. The ecclesiastical courts
deemed marriage to legitimize bastard children whose parents
married, so they inherited personal property and money of their
parents. Proof was by compurgation. Church law required
excommunication to be in writing with the reasons therefore, and a
copy given to the excommunicant. A church judge was required to
employ a notary or two men to write down all acts of the judge and
to give a copy to the parties to protect against unjust judges. No
cleric was allowed to pronounce or execute a sentence of death or
to take part in judicial tests or ordeals. Anyone knowingly
accepting a stolen article was required to restore it to its
owner. Heretics were to be excommunicated.
Trial by combat is still available, although it is extremely rare
for it to actually take place.
The manor court imposed penalties on those who did not perform
their services to the manor and the lord wrote down the customs of
the manor for future use in other courts.
By statute, no fines could be taken of any man for fair pleading
in the Circuit of Justiciars, county, hundred, or manor courts.
Various statutes relaxed the requirements for attendance at court
of those who were not involved in a case as long as there were
enough to make the inquests fully. And "every freeman who owes
suit to the county, tything, hundred, and wapentake, or to the
Court of his Lord, may freely make his attorney attend for him."
All above the rank of knight were exempted from attendance on the
sheriff's turn, unless specifically summoned. Prelates and barons
were generally excepted from the county courts by the charters of
their estates. Charters of boroughs often excepted their
representatives at the county court when there were no justices.
Some barons and knights paid the sheriff to be excused. The king
often relieved the simple knights by special license. There was
frequently a problem of not having enough knights to hold the
assizes. Henry III excused the attendance at hundred courts of all
but those who were bound to special service, or who were concerned
in suits.
Public-domain text, read in full here on John Shaqi.
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