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 II wanted all freemen to be equally protected by one
system of law and government. So he opened his court, the Royal Court,
to all people of free tenure. A court of five justices professionally
expert in the law (rather than earls and barons), traveled with the
King, and on points of difficulty consulted with him. Justices began to
be more than presiding officers; they, instead of the lay and clerical
tenants-in-chief who attended, rendered the judgments. The chief court
was in Westminster, where the weightiest decisions were made. Other
professional itinerant justices appeared periodically in all counties
of the nation to hear certain criminal and civil cases and to hear
citizens' private civil suits [common pleas]. They came to perform many
other tasks, including promulgating and enforcing new legislation,
seeking out encroachments on royal rights, reviewing the local
communities' and officials' performance of their public duties,
imposing penalties for failure to do them or for corruption, gathering
information about outlaws and nonperformance of homage, and assessing
feudal escheats to the crown, wardships to which the king was entitled,
royal advowsons, feudal aids owed to the King, tallages of the
burgesses, and debts owed to the Jews. The decision-making of itinerant
justices on circuits begins the process which makes the custom of the
Royal Court the common law of the nation. The county courts, where the
traveling justices heard all manner of business in the counties,
adopted the doctrines of the Royal Court, which then acquired an
appellate jurisdiction. The itinerant justices came from the same small
group of royal justices who were on the Royal Court and the Exchequer,
which was headed by the justiciar. Difficult cases were decided by the
king and wise men of his council.
The Royal Court was chiefly concerned with 1) the due
regulation and supervision of the conduct of local government, 2) the
ownership and possession of land held by free tenure ("free tenement"
was decided by justices to be one held for life or one held heritably
[a fee]), and 3) the repression of serious crime, including homicide,
mayhem [injuring a limb so as to make it useless], robbery, arson, and
rape.
Public-domain text, read in full here on John Shaqi.
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