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
As before, a person could also be brought to trial by the
accusation of the person wronged by a felony ["appeal"]. If the accused
still denied the charge after the accuser testified and the matter
investigated by inquiries and interrogation and then analyzed, trial by
combat was held, unless the accuser was over the age of sixty or
maimed, in which case the accused went to the ordeal.
The procedure of Henry II's assizes was extended from case to
case as men lost faith in the older types of proof. The ordeal fell
into disuse when the church prohibited blessing of ordeals in its
Lateran Council of 1215.
Henry introduced the petty or trial jury of 12 reputable men to
provide a workable alternative to the ordeal, compurgation, and combat.
These jurors were expected to know or to find out the facts that could
lead to a decision. Gradually, witnesses had to be brought in to tesify
to facts the jurors didn't know.
Housebreaking, harboring outlaws, and interference with the royal
perquisites of shipwreck and the beasts of the sea which were stranded
on the coast [such as whales and sturgeon] were also punishable in the
Royal Court.
Trespass was a serious and forcible breach of the peace onto
land that developed from the criminal law of felony. Trespass becomes a
general term for almost all wrongful acts and defaults against a
person, land, or chattels. It covered only direct damages due to
physical contact. There are two main punishments: 1) amercement of a
sum of money deetermined by at least two peers of the offender and 2)
imprisonment in gaol redeemable by agreement to a fine after a couple
of years in gaol. Another punishment was abjuration of a town or of the
realm. In boroughs, an offending burgess may lose liberties or have to
abjure their trade or craft. Pillory and tumbrel [e.g.ducking stool]
was usual for bakers and alewives who broke the assizes of bread and
beer, which was often.
The Royal Court had grown substantially and was not always
presided over by the King. To avoid court agents from having too much
discretionary power, there was a systematic procedure for bringing
cases to the Royal Court. First, a plaintiff had to apply to the King's
Chancery for a standardized writ into which the cause had to fit. The
plaintiff had to pay a fee and provide a surety that the plea was
brought in good faith. The progress of the suit was controlled at
crucial points by precisely formulated writs to the sheriff,
instructing him for instance, to put the disputed property under royal
protection pending a decision, to impanel an assize and have it view
the property in advance of the justices' arrival, to ascertain a point
of fact material to the plea, or to summon a 'warrantor' to support a
claim by the defendant.
The Royal Court kept a record on its cases on parchment kept
rolled up: its "rolls". The oldest roll of 1194 is almost completely
comprised of land cases.
Public-domain text, read in full here on John Shaqi.
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