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
The office of coroner was established about 1194 to supplement the
judicial investigations of crimes with local officers prior to the
arrival of the itinerant justices. Four knights who were residents of
the county and possessed sufficient land were elected by the county
court for life. Sometimes they had county and royal connections instead.
They received no pay. They determined if sudden deaths were accidental
or due to murder and the cause of death of prisoners. They also held
inquests on other crime such as bodily injury, rape, and prison break.
They attached [arrested] the accused and evaluated and guarded his
chattels until after the trial. If the accused was found guilty, his
possessions went to the King. The coroner sat with the sheriff at every
county court and went with him on his turns. This office and the
forbidding of sheriffs to act as justices in their own counties reduced
the power of the sheriffs. The responsibility of receiving the oath of
the peace is changed from the sheriff to knights, the duty of the
sheriffs being only to receive and keep the criminals taken by these
knights until the justices came to try them.
Also, at this time, the constitution of the grand jury of the county
was defined. First, four knights were to be chosen in the county court.
These were to select on oath two knights from each hundred. These two,
also on oath, are to add by co-optation ten more for the jury of the
hundred.
In London, if one of two witnesses for the defense died while an action
was pending, the survivor, after offering his oath, could proceed to the
grave of the dead witness, and there offer oath as to what the dead man
would have sworn if he had been alive. If a foreigner was bound to make
oath for debt or any misdeed, he could make it with six others, his own
oath being the seventh; but if could not find six supporters, he alone
could make the oath and take it in the six nearest churches.
In London, the method of capital punishment was being confined to
hanging, instead of also being in the form of beheading, burning,
drowning, stoning, or hurling from a rock. In cases of drowning, the
offender was first sewn up in a sack with a snake, a dog, an ape, and a
cock.
Chief Justiciar Ranulph Glanvill wrote a treatise on the writs which
could be brought in the Royal Court and the way they could be used. It
was a practical manual of procedure and of the law administered in the
Royal Court.
Public-domain text, read in full here on John Shaqi.
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