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 itinerant justices gradually ceased to perform
administrative duties on their journeys because landed society had
objected to their intrusiveness. Edward I substituted regular
visitations of Justices of Assize for the irregular journeys of the
itinerant justices. Each one of four circuits had two Justices of
Assize. From about 1299, these Justices of Assize heard cases of gaol
delivery. Their jurisdiction expanded to include serious criminal cases
and breach of the king's peace. One woman was indicted to every 9 men.
16% of the women who were indicted were convicted compared to 30% of
the men.
Breaches of the forest charter laws were determined by justices
of the King's forest, parks, and chases, along with men of assize.
Coroners' inquest procedures were delineated by statute and
included describing in detail in the coroner's rolls every wound of a
dead body, how many may be culpable, and people claiming to have found
treasure who might be suspects.
The precedent for punishment for treason was established by the
conviction of a knight, David ab Gruffydd, who had turned traitor to
the Welsh enemy, after fighting with Edward and being rewarded with
land, during the conquest of Wales. He had plotted to kill the King. He
was found guilty of treason by Parliament and condemned to be dragged
at the heels of horses for being a traitor to his knightly vows, hanged
by the neck for his murders, cut down before consciousness left him to
have his entrails cut out for committing his crimes during the holy
week of Easter, and his head cut off and his body divided into four
parts for plotting against the King's life. The head was placed on the
Tower of London and his body sections were placed in public view at
various other locations in England. This came to be known as "hanging,
drawing, and quartering". Prior to this the penalty had usually been
imprisonment followed by ransom. The penalty for a woman of treason,
e.g. killing her husband, who was her lord, was burning at the stake.
Trial by combat is now limited to certain claims of enfeoffment
of large land holding and is barred for land held in socage, burgage,
or by marriage. (Trial by combat eventually fell into disuse, but was
not abolished until 1819.) Assize is the usual manner of trial, but
compurgation remains in the borough court long after it becomes
obsolete in the royal courts. It came to be that defendants no longer
request assizes but are automatically put to them.
Public-domain text, read in full here on John Shaqi.
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