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
Common law held that ecclesiastical courts could not give money
damages. But costs were paid by the loser and included expenses of
producing witnesses, writing of documents, and fees of lawyers. An
appeal could be made from the archdeacon to the bishop to the
metropolitan to the Pope. Henry acknowledged occasional appellate
authority of the pope, but expected his clergy to elect bishops of his
choice.
There was a separate judicial system for the laws of the
forest. There were itinerant justices of the forests and four verderers
of each forest county, who were elected by the votes of the full county
court, twelve knights appointed to keep vert [everything bearing green
leaves] and venison, and foresters of the king and of the lords who had
lands within the limits of the forests. Every three years, the officers
visited the forests in preparation for the courts of the forest held by
the itinerant justices. The inferior courts were the woodmote, held
every forty days, and the swein [freeman or freeholder within the
forest] mote, held three times yearly before the verderers as justices,
in which all who were obliged to attend as suitors of the county court
to serve on juries and inquests were to be present.
In this lawsuit, King Henry I decided that since the abbots and
monks of Battle had proved before him that certain lands, belonging to
the manor of Alciston, are no possession of theirs, so they are to be
quit of the services due there: " Henry, king of the English, to Ralph,
bishop of Chichester, and all his ministers of Sussex, greeting. Know
that as the abbot of Battle and the monks deraigned [proved] before me
that they do not have those lands which you said they had, namely,
Ovington, Coding ( in Hove), Batsford (in Warbleton), Daningawurde,
Shuyswell ( in Etchingham), Boarzell ( in Ticehurst), Winenham,
Wertesce, Brembreshoc and Seuredeswelle, which of old belonged to
Alciston and contain seven hides of land of the fifty hides in Alciston
and its appurtenances, I order that they shall be free and quit on this
account and that none shall molest them any further, but concerning
these lands and these hides they shall be completely free and quit as
concerning lands which they do not have and of which they are not
seised. I also order by royal authority that their manor called
Alciston, which my father gave to the church of Battle with other lands
for his soul, shall be so free and quit of shires and hundreds and all
customs of land-service as my father himself held it most freely and
quietly, and namely concerning the work on London Bridge and on the
castle of Pevensey. This I command upon my forfeiture. Witness: William
de Pont de l'Arche. At Westbourne.
Public-domain text, read in full here on John Shaqi.
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