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
The King's Royal Court heard issues concerning the Crown and
breaches of the King's peace, which included almost all criminal
matters. The most serious offenses: murder, robbery, rape,
abduction, arson, treason, and breach of fealty, were now called
felonies. Other offenses were: housebreaking, ambush, certain
kinds of theft, premeditated assault, and harboring outlaws or
excommunicants. Henry personally presided over hearings of
important legal cases. He punished crime severely. Offenders were
brought to justice not only by the complaint of an individual or
local community action, but by official prosecutors. A prosecutor
was now at trials as well as a justice. Trial is still by
compurgation. Trial by combat was relatively common.
These offenses against the king placed merely personal property
and sometimes land at the king's mercy. Thus the Crown increased
the range of offenses subject to its jurisdiction and arrogated to
itself profits from the penalties imposed. A murderer could be
given royal pardon from the death penalty so that he could pay
compensation to the relatives.
The Royal Court also heard these offenses against the king:
fighting in his dwelling, contempt of his writs or commands,
encompassing the death or injury of his servants, contempt or
slander of the King, and violation of his protection or his law.
It heard these offenses against royal authority: complaints of
default of justice or unjust judgment, pleas of shipwrecks,
coinage, treasure-trove [money buried when danger approached],
forest prerogatives, and control of castle building.
Slander of the king, the government, or high officials was
punishable as treason, felony, misprison of treason, or contempt,
depending on the rank and office of the person slandered and the
degree of guilt.
Public-domain text, read in full here on John Shaqi.
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