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
Coroners' inquest procedures were delineated by statute and
included describing in detail in the coroner's rolls every wound
of a dead body, how many may be culpable, and people claiming to
have found treasure who might be suspects.
The precedent for punishment for treason was established by the
conviction of a knight, David ab Gruffydd, who had turned traitor
to the Welsh enemy, after fighting with Edward and being rewarded
with land, during the conquest of Wales. He had plotted to kill
the King. He was found guilty of treason by Parliament and
condemned to be dragged at the heels of horses for being a traitor
to his knightly vows, hanged by the neck for his murders, cut down
before consciousness left him to have his entrails cut out for
committing his crimes during the holy week of Easter, and his head
cut off and his body divided into four parts for plotting against
the King's life. The head was placed on the Tower of London and
his body sections were placed in public view at various other
locations in England. This came to be known as "hanging, drawing,
and quartering". Prior to this the penalty had been imprisonment,
usually followed by ransom.
Trial by combat is now limited to certain claims of enfeoffment of
large land holding and is barred for land held in socage, burgage,
or by marriage. Assize is the usual manner of trial, but
compurgation remains in the borough court long after it becomes
obsolete in the royal courts. Defendants no longer request assizes
but are automatically put to them.
Numerous statutes protect the integrity of the courts and King's
offices by double and treble damages and imprisonment for offenses
such as bribery, false informers, conspiracy to falsely move or
maintain pleas, champerty [covenant between a litigant and another
for the other to have a part or profit in the award in return for
maintaining the suit], conflict of interest by court officers
taking part in a quarrel pending in court or working any fraud
whereby common right may be delayed or disturbed. There had been
many abuses, the most common of which was extortion by sheriffs,
who gaoled people without cause to make them pay to be released.
The 1275 prohibition of maintenance of a quarrel of a party in
court by a nonparty was extended in 1327 to all persons,
including the king's councilors and ministers, and great men, e.g.
by sending letters. In 1346, this prohibition specifically
included prelates, earls, barons taking in hand quarrels other
than their own, or maintaining them for gift, promise, amity,
favor, doubt, or fear, in disturbance of law and hindrance of
right. The reason given was that there had been persons
disinherited, delayed or disturbed in their rights, and not guilty
persons convicted or otherwise oppressed. All great men were
required to put out of their service all maintainers who had been
retained, and void their fees and robes, without giving them aid,
favor, or comfort. This law was not obeyed.
Public-domain text, read in full here on John Shaqi.
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