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
Numerous statutes protect the integrity of the courts and
King's offices by double and treble damages and imprisonment for
offenses such as bribery, false informers, conspiracy to falsely move
or maintain pleas, champerty [covenant between a litigant and another
for the other to have a part or profit in the award in return for
maintaining the suit], conflict of interest by court officers taking
part in a quarrel pending in court or working any fraud whereby common
right may be delayed or disturbed. There had been many abuses, the most
common of which was extortion by sheriffs, who gaoled people without
cause to make them pay to be released. The 1275 prohibition of
maintenance of a quarrel of a party in court by a nonparty was extended
in 1327 to all persons, including the king's councilors and ministers,
and great men, e.g. by sending letters. In 1346, this prohibition
specifically included prelates, earls, barons taking in hand quarrels
other than their own, or maintaining them for gift, promise, amity,
favor, doubt, or fear, in disturbance of law and hindrance of right.
The reason given was that there had been persons disinherited, delayed
or disturbed in their rights, and not guilty persons convicted or
otherwise oppressed. All great men were required to put out of their
service all maintainers who had been retained, and void their fees and
robes, without giving them aid, favor, or comfort. This law was not
obeyed.
The king reserved to himself and his council in its judicial
capacity the correction of all breaches of the law which the lower
courts had failed to remedy, whether from weakness, partiality,
corruption, or jury timidity, and especially when the powerful barons
defied the courts. The Chancery also sought to address causes which
were impeded in their regular course, which often involved assaults,
batteries, and forcible dispossessions.
Disputes within the royal household were administered by the
King's steward. He received and determined complaints about acts or
breaches of the peace within twelve miles around the King's person or
"verge". He was assisted by the marshall in the "court of the hall" and
by the clerk of the market when imposing fines for trading regulation
violations in the "court of the market".
Ecclesiastical courts were successful in their competition with
the secular courts for jurisdiction over testamentary matters
[concerning wills] and intestate succession [no will] to chattels.
Public-domain text, read in full here on John Shaqi.
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