Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
Henry II wanted all freemen to be equally protected by one system of
law and government. So he opened his court, the Royal Court, to all
people of free tenure. A court of five justices professionally expert in
the law, traveled with the King, and on points of difficulty consulted
with him. Justices began to be more than presiding officers; they,
instead of those attending, rendered the judgments. The chief court was
in Westminster, where the weightiest decisions were made. Other
professional itinerant justices appeared periodically in all counties of
the nation to hear certain criminal and civil cases and to hear
citizens' private civil suits [common pleas]. They came to perform many
other tasks, including promulgating and enforcing new legislation,
seeking out encroachments on royal rights, reviewing the local
communities' and officials' performance of their public duties, imposing
penalties for failure to do them or for corruption, gathering
information about outlaws and nonperformance of homage, and assessing
feudal escheats to the crown, wardships to which the king was entitled,
royal advowsons, feudal aids owed to the King, tallages of the
burgesses, and debts owed to the Jews. The decision-making of itinerant
justices on circuits begins the process which makes the custom of the
Royal Court the common law of the nation. The county courts, where the
traveling justices heard all manner of business in the counties, adopted
the doctrines of the Royal Court, which then acquired an appellate
jurisdiction. The itinerant justices came from the same small group of
royal justices who were on the Royal Court and the Exchequer, which was
headed by the justiciar. Difficult cases were decided by the king and
wise men of his council.
Tenants of manors and of escheats in royal hands, who had been excused
from the monthly county court, were required to appear. Side by side
with the reeve and four men of the rural townships appeared the twelve
legal men of each of the chartered boroughs which owed no suit to the
ordinary county court. In the formation of the jury of presentment for
criminal cases, each hundred sent twelve legal men and each township
four to make report to the justices. Women did not serve on juries.
Compurgation was not used; accused persons were sent directly to the
ordeal. In 1194, twelve knights or legal men from each hundred answer
before any itinerant justice for their hundred in all criminal, civil,
and fiscal cases. All who are bound to attend before the itinerant
justices are, in the forest counties, compelled to attend the forest
courts.
The Royal Court was chiefly concerned with 1) the due regulation and
supervision of the conduct of local government, 2) the ownership and
possession of land held by free tenure ("free tenement" was decided by
justices to be one held for life or one held heritably [a fee]), 3) the
repression of serious crime, and 4) the relations between the lay and
the ecclesiastical courts.
Public-domain text, read in full here on John Shaqi.
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