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
Between the proprietary action and the possessory assizes there
is growing use in the king's courts of writs of entry, by which a
tenant may be ordered to give up land, e.g. by a recent flaw in a
tenant's title, for a term which has expired, by a widow for her late
husband's land, or by an heir who has become of full age from his
guardian. For instance: " ...Command Tertius that ... he render to
Claimant, who is of full age, as it is said, ten acres ...which he
claims to be his right and inheritance and into which the said Tertius
has no entry save by Secundus, to whom Primus demised [gaged] them, who
had only the wardship thereof while the aforesaid Claimant was under
age, as he says...". But most litigation about land is still through
the writ of right for proprietary issues and the assizes of novel
disseisin and mort d'ancestor for possessory issues. Actions for debt;
covenant; and account, e.g by a lord to his bailiff and receiver of his
money, were actions in the king's court.
Royal itinerant justices, who were members of the royal courts,
traveled on eyre on regular circuits to the counties every seven years.
They had an administrative function as well as a judicial function.
They gave interrogatories to local assizes of twelve men to determine
what had happened there since the last eyre. Information was aquired on
royal proprietary rights, escheats, wardships, treasury matters, and
official misdoings of royal officers, sheriffs, coroners, and bailiffs,
which could be dealt with in an administrative way. (These
administrative duties ceased in the first half of the 1300s.) All
boroughs had to send twelve burgesses who were to indict any burgesses
suspected of breaking the royal law. Every crime, every invasion of
royal rights, and every neglect of police duties was to be presented
and tried. Suspects were held in gaol until their cases could be heard
and gaol breaks were common. Punishment after trial was prison for
serious crimes, expulsion from the realm for less serious crimes, and
pledges for good behavior for lesser crimes. Fines and amercements both
for individual criminal offenses and local communities' faults brought
revenue into the Exchequer as profits of justice. The king could
increase fines and amercements or pardon a person found guilty. The
visitation of these justices was anticipated with trepidation. In 1237,
the residents of Cornwall hid in the woods rather than face the
itinerant justices. (The court of the justices in eyre lasted until
1971.)
Royal coroners held inquests on all sudden deaths to determine
whether they were accidental or not. If not, royal justices held trial.
They also had duties in treasure trove and shipwreck cases.
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