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 manor court imposed penalties on those who did not perform
their services to the manor and the lord wrote down the customs of the
manor for future use in other courts.
By statute, no fines could be taken of any man for fair
pleading in the Circuit of Justiciars, county, hundred, or manor courts.
Various statutes relaxed the requirements for attendance at
court of those who were not involved in a case as long as there were
enough to make the inquests fully. And "every freeman who owes suit to
the county, tything, hundred, and wapentake, or to the Court of his
Lord, may freely make his attorney attend for him." All above the rank
of knight were exempted from attendance on the sheriff's turn, unless
specifically summoned. Prelates and barons were generally excepted from
the county courts by the charters of their estates. Charters of
boroughs often excepted their representatives at the county court when
there were no justices. Some barons and knights paid the sheriff to be
excused. The king often relieved the simple knights by special license.
There was frequently a problem of not having enough knights to hold the
assizes. Henry III excused the attendance at hundred courts of all but
those who were bound to special service, or who were concerned in suits.
Trespass has become a writ of course in the common law. It
still involves violence, but its element of breach of the peace extends
to those breaches which do not amount to felony. It can include assault
and battery, physical force to land, and physical force to chattels,
e.g. assaulting and beating the plaintiff, breaking into his close, or
carrying off his goods. One found guilty is fined and imprisoned. As in
criminal matters, if a defendant does not appear at court, his body can
be seized and imprisoned, and if he cannot be found, he may be
outlawed. Trespass to goods results in damages, rather than the return
of the goods.
Various cases from the manors of the abbey of Bec in 1248-1249
are:
1. Ragenilda of Bec gives 2s. for having married without licence.
Pledge, William of Pinner. The same Ragenilda demands against Roger
Loft and Juliana his wife a certain messuage which belonged to Robert
le Beck, and a jury of -twelve lawful men is granted her in
consideration of the said fine, and if she recovers seisin she will
give in all 5s. And twelve jurors are elected, to wit, John of Hulle,
William Maureward, Robert Hale Walter But, Walter Sigar, William
Brihtwin, Richard Horseman, Richard Leofred, William John's son, Hugh
Cross, Richard Pontfret and Robert Croyser, John Bisuthe and Gilbert
Bisuthe who are sworn. And they say that the said Ragenilda has the
greater right. Therefore let her have seisin.
Public-domain text, read in full here on John Shaqi.
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