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 Conqueror's Royal Court ["Curia Regis"] replaced the witan.
It was composed of those to whom William had made grants of land on the
understanding that they should perform certain feudal services to him.
When the Conqueror wished to determine the national laws, he summoned
twelve elected representatives of each county to declare on oath the
ancient lawful customs and law as they existed in the time of the
popular King Edward the Confessor. The recording of this law was begun.
A person could spend months trying to catch up with the Royal Court to
present a case. Sometimes the Conqueror sent the Justiciar or
commissioners to hold his Royal Court in the various districts. The
commissioner appointed groups of local men to give a collective verdict
upon oath for each trial he conducted. The Conqueror allowed, on an ad
hoc basis, certain high-level people such as bishops and abbots and
those who made a large payment, to have land disputes decided by an
inquiry of recognitors. Besides royal issues, the Royal Court heard
appeals from lower court decisions. It used English, Norman, feudal,
Roman, and canon law legal principles to reach a decision, and was
flexible and expeditious. The powers of the shire court were lessened
by the expanding authority of the Royal Court.
Trial by combat could be used in two instances: 1) a dispute
between a Frenchman and an Englishman over seisin of land initiated by
a writ of right, or 2) a criminal appeal of felony brought by an
Englishman or Frenchman against the other. Each combatant first swore
to the truth of his cause and undertook to prove by his body the truth
of his cause by making the other surrender by crying "craven" [craving
forgiveness]. The combatants used weapons like pickaxes and shields.
Presumably the man in the wrong would not fight as well because he was
burdened with a guilty conscience. Although this trial was thought to
reflect God's will, it favored the physically fit and adept person.
After losing the trial by combat, the guilty person would be punished
appropriately.
London had its own traditions. All London citizens met at its
folkmote, which was held three times a year to determine its public
officers, to raise matters of public concern, and to make ordinances.
Its criminal court had the power of outlawry as did the county courts.
Trade, land, and other civil issues were dealt with by the Hustings
Court, which met every Monday in the Guildhall. The city was divided
into wards, each of which was under the charge of an elected alderman
[elder man]. (The election was by a small governing body and the most
wealthy and reputable men and not a popular election.) The aldermen had
special knowledge of the law and a duty to declare it at the Hustings
Court. Each alderman also conducted wardmotes in his ward and decided
criminal and civil issues between its residents. Within the wards were
the guilds of the city.
Public-domain text, read in full here on John Shaqi.
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