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
Justices of assize, Justices of the Peace, and itinerant
justices operated at the county level. The traditional county courts
had lost much jurisdiction to the royal courts and were now limited to
personal actions in causes involving usually no more than 40s. The
great majority of cases had to do with 1) writ of right for recovery of
land, 2) the possessory assizes for the protection of possession, 3)
debt for recovery of money owed, such as rent 4) detinue for detention
of a chattel, such as beasts and 5) convenant for breach of a contract,
later to be limited to contracts under seal. There were also pleas of
trespass and claims of fugitive villeins and their goods, nuisances,
and encroachments. The action of trespass had broken free of the
criminal law, which had been divided into the two categories of felony
and trespass. But then the field of tort began to separate itself from
that of crime and the more serious trespasses remained criminal while
the less serious attached themselves to the civil sphere.
The sheriff still constitutes and conducts the court, assisted by
elected coroners. The earl of the county had little to do with its
court except to take one-third of its profits of justice.The county
court met every three or four weeks, usually in the sheriff's castle
located in the chief borough of the county, but some met in the open
air. It is attended by suitors, certain freeholders of the county who
are bound to attend it, that is, to do suit to it. They are the judges
of the court.
The hundred court decided cases of theft, viewing of boundaries
of land, claims for tenurial services, claims for homage, relief, and
for wardship; enfeoffments made, battery and brawls not amounting to
felony, wounding and maiming of beasts, collection of debts, trespass,
detinue, and covenant, which now requires a sealed writing; defamation,
and inquiries and presentments arising from the assizes of bread and
ale and measures. The action of debt was used for five main purposes:
1) money lent, 2) the price of goods sold, 3) arrears of rent due upon
a lease for years, 4) money due from a surety, and 5) a debt confessed
by a sealed document. A paid bailiff had responsibility for the hundred
court, which met every three weeks. Freeholders of these hundreds owe
suit to it; these suitors are the judges.
Public-domain text, read in full here on John Shaqi.
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