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
After the council were the royal courts of the King's Bench, Common
Pleas, and the Exchequer, which had become separate, each with its own
justices and records. The Court of Common Pleas had its own Chief
Justice and usually met at Westminster. This disadvantaged the small
farmer, who would have to travel to Westminster to present a case. The
King's Council maintained a close connection with the Court of the
King's Bench, which heard criminal cases and appeals from the Court of
Common Pleas. It traveled with the King. There were many trespass cases
so heard by it in the reign of Edward I. The King's Council did a great
deal of justice, for the more part criminal justice. It was supported
by the populace because it dealt promptly and summarily with rebellion
or some scandalous acquittal of a notorious criminal by bribed or
partial jurors, and thereby prevented anarchy. Its procedure was to
send for the accused and compel him to answer upon oath written
interrogatories. Affidavits were then sworn upon both sides. With
written depositions before them, the Lords of the council, without any
jury, acquit or convict. Fines and imprisonments were meted out to
rioters, conspirators, bribers, and perjured jurors. No loss of life or
limb occurred because there had been no jury.
In criminal cases, witnesses acquainted with particular facts
were added to the general assize of twelve lawful men from each hundred
and four lawful men from each town to testify to facts unknown by the
assize men. The assize was bifurcated into the grand jury of twelve to
twenty-four knights and the petty jury or trial jury of twelve free and
lawful men, which replaced ordeal, compurgation, and trial by combat as
the method of finding the truth. The men of the petty jury as well as
those of the grand jury were expected to know or to acquaint themselves
with the facts of the cases. The men of the petty jury tended to be the
same men who were on the grand jury.
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