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
Twice a year the sheriff visited each hundred in the county to
hold a turn, a court for small offenses, such as encroachment of public
land, brewing and baking contrary to government regulations, and use of
dishonest weights and measures. Everyone who held freehold land in the
hundred except the greater magnates had to attend or be fined for
absence. The sheriff annually viewed frankpledge, in which every layman
without land that could be forfeited for felony, including villeins,
were checked for being in a tithing, a group of neighbors responsible
for each other's good conduct. This applied to every boy who had
reached the age of twelve. He had to swear on the Bible "I will be a
lawful man and bear loyalty to our lord the King and his heirs, and I
will be justiciable to my chief tithing man, so help me God and the
saints." Each tithing man paid a penny to the sheriff. The sheriff was
the judge in his turn. Coordinate with the sheriff's turn was a leet
court, which had private jurisdiction over the same small offences. If
a county or a hundred court gave a false judgment, it had to pay a fine.
Manorial courts were those in which a lord had for his tenants.
It was presided over by the lord, or his steward, who decided the
outcomes of cases, with or without the villeins attending it, based on
the customs of the manor. It had a civil jurisdiction, and dealt
typically with land issues and minor offenses, such as, actions when
the amount at stake is less than 40 s., of debt, detinue, trespass and
covenant. 40s. was the equivalent of around 13 oxen or 80 sheep.
Usually, the lord's court had a single manor with a single vill.
The cities and boroughs, having a degree of organization and
independence, had municipal courts whose jurisdiction was determined by
privileges.given by charter from the king or by prescription of ancient
origin. Court was held by the sheriff, and after a time by its mayor,
at the borough's weekly meeting of its burgesses. The burgesses would
take the profits of the court and the tolls and house-rents that had
been paid to the sheriff.
Still in existence is the old self-help law of hamsocne, the
thief hand-habbende, the thief back-berend, the old summary procedure
where the thief is caught in the act, AEthelstan's laws, and Edward the
Confessor's laws. Under the name of "actio furti" [appeal of larceny]
is the old process by which a thief can be pursued and goods
vindicated. As before and for centuries later, deodands were forfeited
to the king to appease God's wrath. These chattel which caused the
death of a person were usually oxen, carts, cart teams, horses, boats,
cauldrons, or millwheels. Then they were forfeited to the community,
which paid the king their worth. Sometimes the justices named the
charitable purpose for which the deodand was to be spent, such as the
price of a boat to go to the repair of a bridge.
Five cases from a county court are:
Public-domain text, read in full here on John Shaqi.
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