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
Admiralty law came into being when ancient naval manners and
customs were written down as the "Black Book of the Admiralty".
This included the organization of the fleet under the Admiral,
sea-maneuver rules such as not laying anchor until the Admiral's
ship had, engagement rules, and the distribution of captured
goods: one-fourth to the vessel owner, one-fourth to the king if
the seamen were paid by the king's wages, and the rest divided
among the crew and Admiral. Stealing a boat or an anchor holding a
boat was punishable by hanging. Stealing an oar or an anchor was
punishable by forty days imprisonment for the first offense, six
months imprisonment for the second, and hanging for the third.
Desertion was punishable by loss of double the amount of wages
earned and imprisonment for one year. Cases were tried by jury in
the Admiral's court.
Wines, vinegar, oil and honey imported shall be gauged by the
King's appointees.
- Judicial Procedure -
The office of Justice of the Peace was developed and filled by
knights, esquires and gentlemen who were closely associated with
the magnates. There was no salary nor any requirement of knowledge
of the law. They were to pursue, restrain, arrest, imprison, try,
and duly punish felons, trespassers, and rioters according to the
law. They were expected to arrest vagrants who would not work and
imprison them until sureties for good behavior was found for them.
They also were empowered to inspect weights and measures. Trespass
included forcible offenses of breaking of a fence enclosing
private property, assault and battery, false imprisonment, and
taking away goods and chattels.
The action of trespass was replacing private suits for murder and
for personal injury.
Pardons may be given only for slaying another in one's own defense
or by misfortune [accident], and not for slaying by lying in wait,
assault, or malice aforethought.
Justices of Assize, sheriffs, and Justices of the Peace and mayors
shall have power to inquire of all vagabonds and compel them to
find surety of their good bearing or be imprisoned.
A reversioner shall be received in court to defend his right when
a tenant for a term of life, tenant in dower, or by the Law of
England, or in Tail after Possibility of Issue extinct are sued in
court for the land, so as to prevent collusion by the demandants.
A person in debt may not avoid his creditors by giving his
tenements or chattels to his friends in collusion to have the
profits at their will.
Where there was a garnishment given touching a plea of land, a
writ of deceit is also maintainable.
Actions of debt will be heard only in the county where the
contract was made. The action of debt includes enforcement of
contracts executed or under seal, e.g. rent due on a lease, hire
of an archer, contract of sale or repair of an item. Thus there is
a growing connection between the actions of debt and contract.
Public-domain text, read in full here on John Shaqi.
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