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 Royal Court spawned several courts with different
specialties and became more like departments of state than offices of
the King's household. The justices were career civil servants
knowledgeable in the civil and canon law. The Court of the King's Bench
(a marble slab in Westminster upon which the throne was placed)
traveled with the king and primarily heard criminal cases and pleas of
the Crown. Any use of force, however trivial, was interpreted as breach
of the royal peace and could be brought before the King's Bench. Its
records were the coram rege rolls. The Court of Common Pleas primarily
heard civil cases brought by one subject against another. Pursuant to
the Magna Carta, it sat only at one place, the Great Hall in
Westminster. It had concurrent jurisdiction with the King's Bench over
trespass cases. Its records were the de banco rolls. The Court of the
Exchequer with its subsidiary department of the Treasury was in almost
permanent session at Westminster, primarily collecting the Crown's
revenue and enforcing the Crown's rights. A department of the Exchequer
watched over the affairs of the Jews. There was no sharp line demarking
the jurisdictions of these courts. No pleas could be brought against
the king; rather a petition was addressed to him, which he would answer
by an executive writ.
Appeals from these courts could be made to the king and/or his
small council. In 1234, the justiciar as the principal royal executive
officer and chief presiding officer over the Royal Court ended. In
1268, a chief justiciar was appointed to hold pleas before the king.
About the same time the presiding justice of the Court of Common Pleas
also came to be styled chief justice. Henceforth, a justiciar was a
royal officer who dealt only with judicial work. The justiciars were no
longer statesmen or politicians, but rather men learned in the law.
Membership in or attendance at the great council or parliament
no longer rested upon feudal tenure, but upon a writ of summons which
was, to a degree, dependent on the royal will.
Crown pleas included issues of the King's property, fines due
to him, murder (a body found with no witnesses to a killing), homicide
(a killing for which there were witnesses), rape, wounding, mayhem,
consorting, larceny, robbery, burglary, arson, poaching, unjust
imprisonment, selling cloth by nonstandard widths, selling wine by
nonstandard weights. Crown causes were pled by the king's serjeants or
servants at law, who were not clerics. Apprentices at law learned
pleading from them.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account