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
Anyone could appoint an agent, an "attorney", to appear in
court on his behalf, it being assumed that the principal could not be
present and royal authorization given. A wife could represent her
husband. The principal was then bound by the actions of his agent.
Gradually men appeared who made a business of representing whoever
would employ them. The common law system became committed to the
"adversary system" with the parties struggling judicially against each
other.
The Royal Court took jurisdiction over issues of whether
certain land was civil or ecclesiastical [assize utrum], and therefore
whether the land owed services or payment to the Crown or not. It also
heard issues of disturbance of advowson, a complex of rights to income
from a church and to the selection of a parson for the church [assize
of darrein [last] presentment]. By this assize, the identity of the
patron who last presented an incumbent to a particular church could be
discovered. Many churches had been built by a lord on his manor for his
villeins. The lord had then appointed a parson and provided for his
upkeep out of the income of the church. In later times, the lord's
chosen parson was formally appointed by the bishop. By the 1100s, many
lords had given their advowsons to abbeys. This procedure used twelve
recognitors selected by the sheriff.
As before, the land of any person who had been outlawed or
convicted of a felony escheated to his lord. His personal property,
goods, and chattels became the King's. If he was executed, his heirs
received nothing because they were of the same blood as the felon,
which was corrupt: "corruption of the blood". The loss of civil rights
and capacities after a sentence of death for felony or treason, which
resulted in forfeiture of property and corruption of the blood, was
called "attainder".
There were two courts of the sheriff: the shire court for civil
and criminal matters and the sheriff's tourn for petty crime only. The
shire and borough courts heard cases of felonies, accusations against
freemen, tort, and debts. The knights made the county courts work as
legal and administrative agencies of the Crown.
Public-domain text, read in full here on John Shaqi.
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