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
Each borough has its own civil and criminal ordinances and
police jurisdiction. Borough courts tended to deal with more laws than
other local courts because of the borough's denser populations, which
were composed of merchants, manufacturers, and traders, as well as
those engaged in agriculture. Only borough courts have jurisdiction
over fairs. In some boroughs the villein who resides for a year and a
day becomes free, a right first given by Henry II in his charter for
Nottingham. There are special ordinances relating to apprentices. There
are sometimes ordinances against enticing away servants bound by
agreement to serve another. The wife who is a trader is regarded in
many places as a feme sole [single woman rather than a woman covert,
who was under the protection of a husband]. There may be special
ordinances as to the liability of masters for the acts of their
apprentices and agents, or as to brokers, debt, or earnest money
binding a bargain. The criminal and police jurisdiction in the borough
was organized upon the same model as in the country at large, and was
controlled by the King's courts upon similar principles, though there
are some survivals of old rules, such as mention of the bot and the
wer. The crimes committed are similar to those of the country, such as
violence, breaches of the assize of bread and beer, stirring up suits
before the ecclesiastical courts, digging up or obstructing the
highway, not being enrolled in a tithing, encroachments upon or
obstructions of rights of common. The most striking difference with the
country at large are the ordinances on the repair or demolition of
buildings, encroachments on another's building, fires, and nuisances.
Specimens of other characteristic urban disputes are: selling bad food,
using bad materials, unskillful or careless workmanship, fraudulent
weights and measures, fraud in buying and selling, forestalling or
regrating [buying in one market to resell in another market], acting in
a way likely to endanger the liberties of the borough, usury, trading
without being a citizen, assisting other unlicensed persons to trade,
unlawfully forming a guild, complaints against various guilds in which
trade might be organized. Since the ordinances were always liable to be
called in question before the King's courts, they tended to become
uniform and in harmony with the principles of the common law. Also,
trading between boroughs kept them knowledgeable about each other's
customs and conditions for trade, which then tended to standardize.
Boroughs often had seals to prove communal consent and tended to act as
a corporate body.
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