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
1) "John Croc was drowned from his horse and cart in the water of
Bickney. Judgment: misadventure. The price of the horse and cart is
4s.6d. deodand."
2) "Willam Ruffus was crushed to death by a certain trunk. The price
of the trunk is 4d., for which the sheriff is to answer. 4d. deodand."
3) "William le Hauck killed Edric le Poter and fled, so he is -to be
exacted and outlawed. He was in the tithing of Reynold Horloc in
Clandon of the abbot of Chertsey (West Clandon), so it is in mercy. His
chattels were 4 s., for which the bailiff of the abbot of Chertsey is
to answer."
4) "Richard de Bregsells, accused of larceny, comes and denies the
whole and puts himself on the country for good or ill. The twelve
jurors and four vills say that he is not guilty, -so he is quit."
5) William le Wimpler and William Vintner sold wine contrary to the
statute, so they are in mercy.
Other cases dealt with issues of entry, e.g. whether land was
conveyed or just rented; issues of whether a man was free, for which
his lineage was examined; issues of to which lord a villein belonged;
issues of nuisance such as making or destroying a bank, ditch, or
hedge; diverting a watercourse or damming it to make a pool;
obstructing a road, and issues of what grazing rights were conveyed in
pasture land, waste, woods, or arable fields between harvest and
sowing. Grazing right disputes usually arose from the ambiguous
language in the grant of land "with appurtenances".
Courts awarded specific relief as well as money damages. If a
landlord broke his covenant to lease land for a term of years, the
court restored possession to the lessee. If a lord did not perform the
services due to his superior lord, the court ordered him to perform the
services. The courts also ordered repair by a lessee.
Debts of country knights and freeholders were heard in the
local courts; debts of merchants and burgesses were heard in the courts
of the fairs and boroughs; debts due under wills and testaments were
heard in the ecclesiastical courts. The ecclesiastical courts deemed
marriage to legitimize bastard children whose parents married, so they
inherited personal property and money of their parents. Proof was by
compurgation. Church law required excommunication to be in writing with
the reasons therefore, and a copy given to the excommunicant. A church
judge was required to employ a notary or two men to write down all acts
of the judge and to give a copy to the parties to protect against
unjust judges. No cleric was allowed to pronounce or execute a sentence
of death or to take part in judicial tests or ordeals. Anyone knowingly
accepting a stolen article was required to restore it to its owner.
Heretics were to be excommunicated.
Trial by combat is still available, although it is extremely
rare for it to take place. In the appeal of felony, when offered
combat, a defendant could choose between combat and recourse to a
verdict of his neighbors.
Public-domain text, read in full here on John Shaqi.
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