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
Since the power of the throne changed from one faction to another,
political and personal vindictiveness gave rise to many bills of
attainder that resulted in lords being beheaded and losing their
lands to the King. However, these were done by the form of law;
there were no secret executions in England. Families engaged in
blood feuds. Roving bands ravaged the country, plundering the
people, holding the forests, and robbing collectors of Crown
revenue. Some men made a living by fighting for others in
quarrels. Individual life and property were insecure. Whole
districts were in a permanent alarm of riot and robbery. The roads
were not safe. Nobles employed men who had returned from fighting
in war to use their fighting skill in local defense. There was
fighting between lords and gangs of ruffians holding the roads,
breaking into and seizing manor houses, and openly committing
murders.
Peace was never well-kept nor was law ever well-executed, though
fighting was suspended by agreement during the harvest. Local
administration was paralyzed by party faction or lodged in some
great lord or some clique of courtiers. The elections of members
to Parliament was interfered with and Parliament was rarely held.
Barons and earls fought their disputes in the field rather than in
the royal courts. Litigation was expensive, so men relied
increasingly on the protection of the great men of their
neighborhood and less on the King's courts for the safety of their
lives and land. Local men involved in court functions usually owed
allegiance to a lord which compromised the exercise of justice.
Men serving in an assize often lied to please their lord instead
of telling the truth. Lords maintained, supported, or promoted
litigation with money or aid supplied to one party to the
detriment of justice. It was not unusual for lords to attend court
with a great force of retainers behind them. Many justices of the
peace wore liveries of magnates and accepted money from them.
Royal justices were flouted or bribed. The King's writ was denied
or perverted. For 6-8s., a lord could have the king instruct his
sheriff to impanel a jury which would find in his favor. A statute
against riots, forcible entries, and, excepting the King,
magnates' liveries of uniform, food, and badges to their
retainers, except in war outside the nation, was passed, but was
difficult to enforce because the offenders were lords, who
dominated the Parliament and the council.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account