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
Appeals from these courts could be made to the king and/or his small
council, which was the curia regis and could hear any plea of the land.
In 1234, the justiciar as the principal royal executive officers and
chief presiding officer over the curia regis ended. In 1268, a chief
justiciar was appointed the hold pleas before the king. Henceforth, a
justiciar was a royal officer who dealt only with judicial work. About
the same time the presiding justice of the court of common pleas also
came to be styled justiciar or chief justice. Justices were no longer
statesmen or politicians, but simply men learned in the law.
Membership in or attendance at the great council or parliament no
longer rested upon feudal tenure, but upon a writ of summons which was,
to a degree, dependent on the royal will.
Crown pleas included issues of the King's property, fines due to him,
murder (a body found with no witnesses to a killing), homicide (a
killing for which there were witnesses), rape, wounding, mayhem,
consorting, larceny, robbery, burglary, arson, poaching, unjust
imprisonment, selling cloth by nonstandard widths, selling wine by
nonstandard weights. Crown causes were pled by the king's serjeants or
servants at law, who were not clerics. Apprentices at law learned
pleading from them.
Between the proprietary action and the possessory assizes there is
growing use in the king's courts of writs of entry, by which a tenant
may be ordered to give up land, e.g. by a recent flaw in a tenant's
title, for a term which has expired, by a widow for her late husband's
land, or by an heir who has become of full age from his guardian. For
instance: " ...Command Tertius that ... he render to Claimant, who is of
full age, as it is said, ten acres ...which he claims to be his right
and inheritance and into which the said Tertius has no entry save by
Secundus, to whom Primus demised [gaged] them, who had only the wardship
thereof while the aforesaid Claimant was under age, as he says...". But
most litigation about land is still through the writ of right for
proprietary issues and the assizes of novel disseisin and mort
d'ancestor for possessory issues.
Royal itinerant justices traveled to the counties every seven years.
There, they gave interrogatories to local assizes of twelve men to
determine what had happened there since the last eyre. All boroughs had
to send twelve burgesses who were to indict any burgesses suspected of
breaking the royal law. Every crime, every invasion of royal rights, and
every neglect of police duties was to be presented and tried. Suspects
were held in gaol until their cases could be heard and gaol breaks were
common. Punishment after trial was prison for serious crimes, expulsion
from the realm for less serious crimes, and pledges for good behavior
for lesser crimes. The visitation of these justices was anticipated with
trepidation. In 1237, the residents of Cornwall hid in the woods rather
than face the itinerant justices.
Public-domain text, read in full here on John Shaqi.
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