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
Henry began the use of writs to intervene in civil matters such
as inquiry by oath and recognition of rights as to land, the
obligations of tenure, the legitimacy of heirs, and the enforcement of
local justice. Writs were requested by people who wanted to come to the
Royal Court. The Royal Court used its superior coercive power to
enforce the legal decisions of the county, hundred, and private courts.
It also reviewed miscarriages of justice and unlawful procedures in
these courts. There was a vigorous interventionism in the land law
subsequent to appeals to the king in landlord-tenant relations, brought
by a lord or by an undertenant. Assizes [those who sit together] of
local people who knew relevant facts were put together to assist the
court. Henry appointed some locally based justices. Also, he sent
justices from the Royal Court out on eyres [journeys] to hold assizes.
This was done at special sessions of the county courts, hundred courts,
and manor courts. Records of the verdicts of the Royal Court were sent
with these itinerant justices for use as precedent in these courts.
Thus royal authority was brought into the localities and served to
check baronial power over the common people. These itinerant justices
also transacted the local business of the Exchequer in each county.
Henry created the office of Chief Justiciar, which carried out judicial
and administrative functions and could travel anywhere in the country
and make legal decisions in the king's name.
The Royal Court retained cases of gaol delivery [arrested
person who had been held in gaol was delivered to the court] and
amercements [discretionary money payments which took the place of the
old wites]. It also decided cases in which the powers of the popular
courts had been exhausted or had failed to do justice. The Royal Court
also decided land disputes between barons who were too strong to submit
to the county courts.
The King's Court of the Exchequer reviewed the accounts of
sheriffs, including receipts and expenditures on the Crown's behalf as
well as sums due to the Treasury, located still at Winchester. These
sums included rent from royal estates, the Danegeld land tax, the fines
from local courts, and aid from baronial estates. Its records were the
"Pipe Rolls", so named because sheets of parchment were fastened at the
top, each of which dropped into a roll at the bottom and so assumed the
shape of a pipe.
The county and hundred courts assessed the personal property of
individuals and their taxes due to the King. The county court decided
land disputes between people who had different barons as their
respective lords.
The free landholders were expected to attend county, hundred,
and manor courts. They owed "suit" to it. The suitors found the dooms
[laws] by which the presiding officer pronounced the sentence.
Public-domain text, read in full here on John Shaqi.
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