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's council included all his tenants-in-chief, which
included archbishops, bishops, abbots, priors, earls, barons, knights
and socage tenants of the crown, whether they made payments directly to
him or through a sheriff. The higher ones were served with a writ
addressed to them personally. Knights and below were summoned by a
general writ to the sheriff.
Henry brought order and unity by making the King's Royal Court
the common court of the land. Its purpose was to guard the King's peace
by protecting all people of free status throughout the nation and
correct the disparity in punishments given by local courts. The
doctrine of felony developed, with punishment by death relacing the old
wites. Heretofore, the scope of the King's peace had varied to cover as
little as the King's presence, his land, and his highway. The royal
demesne had shrunk to about 5% of the land. The Common Law for all the
nation was established by example of the King's Royal Court. Henry
erected a basic, rational framework for legal processes which drew from
tradition but lent itself to continuous expansion and adaptation.
A system of writs originated well-defined actions in the royal
courts. Each court writ had to satisfy specific conditions for this
court to have jurisdiction over an action or event. This system
determined the Royal Court's jurisdiction over the church, lords, and
sheriffs. It limited the jurisdiction of all other courts and
subordinated them to the Royal Court. Inquests into any misdeeds of
sheriffs were held, which could result in their dismissal.
Henry and Eleanor spoke many languages and liked discussing
law, philosophy, and history. So they gathered wise and learned men
about them, who became known as courtiers, rather than people of social
rank. They lived in the great and strong Tower of London, which had
been extended beyond the original White Tower, as had other castles, so
that the whole castle and grounds were defended instead of just the
main building. The Tower of London was in the custody of one of the two
justiciars. On the west were two strongly fortified castles surrounded
by a high and deeply entrenched wall, which had seven double gates.
Towers were spaced along the north wall and the Thames River flowed
below the south wall. To the west was the city, where royal friends had
residences with adjoining gardens near the royal palace at Westminster.
The court was a center of culture as well as of government. The game of
backgammon was played. People wore belts with buckles, usually brass,
instead of knotting their belts.
Public-domain text, read in full here on John Shaqi.
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