Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
Courts extant now are the Royal Court, the King's Court of the
Exchequer, county courts, and hundred courts, all of which were under
the control of the King. His appointed justices administered justice in
these courts on regular circuits. Instead of being the presiding
official at the county court, the sheriff now only produced the proper
people and preserved order at the county courts and presided over the
nonroyal pleas and hundred courts. He impaneled recognitors, made
arrests, and enforced the decisions of the royal courts. Also there are
manor courts, borough courts, and ecclesiastical courts. In the manor
courts, the lord's reeve generally presided. The court consisted of the
lord's vassals and declared the customs and law concerning such
offenses as failure to perform services and trespass on manorial woods,
meadow, and pasture.
The King's Royal Court heard issues concerning the Crown and
breaches of the King's peace, which included almost all criminal
matters: murder, robbery, rape, abduction, arson, treason, breach of
fealty, 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. He hanged homicides, exiled traitors, and frequenly used loss
of hand and foot. In comparison, William had no one hanged, but used
emasculation and exoculation frequently. 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 mostly by compurgation but 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. The death penalty could be imposed
for murder and replaced the old wergeld. But 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, misprision 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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