Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
Royal coroners held inquests on all sudden deaths to determine
whether they were accidental or not. If not, royal justices held
trial. They also had duties in treasure trove and shipwreck cases.
Justices of assize, justices of the peace, and itinerant justices
operated at the county level. The traditional county courts had
lost much jurisdiction to the royal courts and were now limited to
personal actions in causes involving usually no more than 40s.
There were pleas of trespass and debt, unjust seizure and
detention of beasts, rent collection, claims of fugitive villeins
and their goods, nuisances, and encroachments. The sheriff still
constitutes and conducts the court. The county court met every
three or four weeks, usually in the sheriff's castle located in
the chief borough of the county, but some met in the open air.
Twice a year the sheriff visited each hundred in the county to
hold a turn [court for small offenses, such as encroachment of
public land, brewing and baking contrary to government
regulations, and use of dishonest weights and measures.]. Everyone
who held freehold land in the hundred except the greater magnates
had to attend or be fined for absence. The sheriff annually viewed
frankpledge, in which every layman without land that could be
forfeited for felony, including villeins, were checked for being
in a tithing, a group of neighbors responsible for each other's
good conduct. This applied to every boy who had reached the age of
twelve. He had to swear on the Bible "I will be a lawful man and
bear loyalty to our lord the King and his heirs, and I will be
justiciable to my chief tithing man, so help me God and the
saints." Each tithing man paid a penny to the sheriff.
The hundred court decided cases of theft, viewing of boundaries of
land, claims for tenurial services, claims for homage, relief, and
for wardship; enfeoffments made, battery and brawls not amounting
to felony, wounding and maiming of beasts, collection of debts,
trespass, detinue [detention of personal property which originally
was rightfully acquired] and covenant, which now requires a sealed
writing; defamation, and inquiries and presentments arising from
the assizes of bread and ale and measures. A paid bailiff had
responsibility for the hundred court, which met every three weeks.
Public-domain text, read in full here on John Shaqi.
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