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
In the manor courts, actions of debt, detinue, and covenant
were frequent. Sometimes there are questions of a breach of warranty of
title in agreements of sale of land. Accusations of defamation were
frequent; this offense could not be taken to the King's court, but it
had been recognized as an offense in the Anglo-Saxon laws. In some
cases, the damages caused are specifically stated. For instance,
defamation of a lord's grain would cause other purchasers to forbear
buying it. There are frequent cases of ordinary thefts, trespasses, and
assaults. The courts did rough but substantial justice without
distinction between concepts such as tort and contract. In fact, the
action of covenant was the only form of agreement enforceable at common
law. It required a writing under seal and awarded damages. Manor court
law was not technical, but elastic, and remedies could include
injunctions, salary attachment, and performance of acts. The steward
holding the manor court was often a lawyer.
Some pleas in the manors of the abbey of Bec were:
1. -Hugh le Pee in mercy (fine, 12d.) for concealing a sheep for half a
year. Pledges, Simon of Newmere, John of Senholt
2. -William Ketelburn in mercy (fine, 13s.4d.) for divers trespasses.
Pledge, Henry Ketelburn.
3. -Hugh Derwin for pasture, 6d. Richard Hulle for divers trespasses,
12d. Henry Stanhard for pasture, 6d.
4. -William Derwin for a trespass, 6d.; pledge, William Sperling.
5. -Hugh Hall gives the lord 12d. that he may have the judgment of the
court as to a tenement and two acres of land, which he demands as of
right, so he says. And it being asserted that the said land is not
free[hold] let the court say its say. And the court says that the
tenement and one of the two acres are of servile condition and that the
other acre is of free condition. The case is reserved for the lord's
presence. Pledge, John Brian.
6. -John Palmer is put in seisin of his father's tenement and -gives
the lord 53s.4d. as entry money.
7. -William Ketelburn gives the lord 6s.8d. that he may be removed from
the office of reeve. Pledge, Robert Serjeant.
8. -William Frith for subtraction of work, 6d. John Reginald -for the
same, 6d. John of Senholt, 12d. William Ketelburn, 12d.
9. -For the common fine to be paid on S. Andrew's day, 100s.
10. It is presented by the chief pledges that Godfrey Serjeant has made
default; also that John le Pee has unlawfully thrown up a bank;
therefore let it be set to rights.
11. Robert Smith is put in seisin of his father's tenement and gives
the lord four pounds for entry money. Pledge, Robert Serjeant.
12. William Ketelburn for a trespass, 13s.4d.
13. William Fleming gives four pounds for leave to contract [marriage]
with widow Susan. Pledge, Richard Serjeant.
Public-domain text, read in full here on John Shaqi.
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