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
In the manor courts, actions of debt, detinue, and covenant were
frequent. Sometimes there are questions of a breach of warranty of
title in agreements of sale of land. Accusations of defamation
were frequent; this offense could not be taken to the King's
court, but it had been recognized as an offense in the Anglo-Saxon
laws. In some cases, the damages caused are specifically stated.
For instance, defamation of a lord's grain would cause other
purchasers to forbear buying it. There are frequent cases of
ordinary thefts, trespasses, and assaults. The courts did rough
but substantial justice without distinction between concepts such
as tort and contract. In fact, the action of covenant was the only
form of agreement enforceable at common law. It required a writing
under seal and awarded damages. Their law was not technical, but
elastic, and remedies could include injunctions, salary
attachment, and performance of acts. The steward holding the manor
court was often a lawyer.
Some pleas in the manors of the abbey of Bec were:
1. Hugh le Pee in mercy (fine, 12d.) for concealing a sheep
for half a year. Pledges, Simon of Newmere, John of Senholt
2. William Ketelburn in mercy (fine, 13s.4d.) for divers
trespasses. Pledge, Henry Ketelburn.
3. Hugh Derwin for pasture, 6d. Richard Hulle for divers
trespasses, 12d. Henry Stanhard for pasture, 6d.
4. William Derwin for a trespass, 6d.; pledge, William
Sperling.
5. Hugh Hall gives the lord 12d. that he may have the
judgment of the court as to a tenement and two acres of
land, which he demands as of right, so he says. And it being
asserted that the said land is not free[hold] let the court
say its say. And the court says that the tenement and one of
the two acres are of servile condition and that the other
acre is of free condition. The case is reserved for the
lord's presence. Pledge, John Brian.
6. John Palmer is put in seisin of his father's tenement and
gives the lord 53s.4d. as entry money.
7. William Ketelburn gives the lord 6s.8d. that he may be
removed from the office of reeve. Pledge, Robert Serjeant.
8. William Frith for subtraction of work, 6d. John Reginald
for the same, 6d. John of Senholt, 12d. William Ketelburn,
12d.
9. For the common fine to be paid on S. Andrew's day, 100s.
10. It is presented by the chief pledges that Godfrey
Serjeant has made default; also that John le Pee has
unlawfully thrown up a bank; therefore let it be set to
rights.
11. Robert Smith is put in seisin of his father's tenement
and gives the lord four pounds for entry money. Pledge,
Robert Serjeant.
12. William Ketelburn for a trespass, 13s.4d.
13. William Fleming gives four pounds for leave to contract
[marriage] with widow Susan. Pledge, Richard Serjeant.
Public-domain text, read in full here on John Shaqi.
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