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
The office of coroner was established about 1194 to supplement
the judicial investigations of crimes with local officers prior to the
arrival of the itinerant justices. Four knights who were residents of
the county and possessed sufficient land were elected by the county
court for life. Sometimes they had county and royal connections
instead. They received no pay. They determined if sudden deaths were
accidental or due to murder and the cause of death of prisoners. They
also held inquests on other crime such as bodily injury, rape, and
prison break. They attached [arrested] the accused and evaluated and
guarded his chattels until after the trial. If the accused was found
guilty, his possessions went to the King. The coroner sat with the
sheriff at every county court and went with him on his turns. This
office and the forbidding of sheriffs to act as justices in their own
counties reduced the power of the sheriffs. The responsibility of
receiving the oath of the peace is changed from the sheriff to knights,
the duty of the sheriffs being only to receive and keep the criminals
taken by these knights until the justices came to try them.
Also, at this time, the constitution of the grand jury of the
county was defined. First, four knights were to be chosen in the county
court. These were to select on oath two knights from each hundred.
These two, also on oath, are to add by co-optation ten more for the
jury of the hundred.
In London, if one of two witnesses for the defense died while
an action was pending, the survivor, after offering his oath, could
proceed to the grave of the dead witness, and there offer oath as to
what the dead man would have sworn if he had been alive. If a foreigner
was bound to make oath for debt or any misdeed, he could make it with
six others, his own oath being the seventh; but if could not find six
supporters, he alone could make the oath and take it in the six nearest
churches.
In London, the method of capital punishment was being confined
to hanging, instead of also being in the form of beheading, burning,
drowning, stoning, or hurling from a cliff. In cases of drowning, the
offender was first sewn up in a sack with a snake, a dog, an ape, and a
cock.
Chief Justiciar Ranulph Glanvill wrote a treatise on the writs
which could be brought in the Royal Court and the way they could be
used. It was a practical manual of procedure and of the law
administered in the Royal Court.
Public-domain text, read in full here on John Shaqi.
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