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
Royal coroners held inquests on all sudden deaths to determine whether
they were accidental or not. If not, royal justices held trial. They
also had duties in treasure trove and shipwreck cases.
Justices of assize, Justices of the Peace, and itinerant justices
operated at the county level. The traditional county courts had lost
much jurisdiction to the royal courts and were now limited to personal
actions in causes involving usually no more than 40s. There were pleas
of trespass and debt, unjust seizure and detention of beasts, rent
collection, claims of fugitive villeins and their goods, nuisances, and
encroachments. The sheriff still constitutes and conducts the court. The
county court met every three or four weeks, usually in the sheriff's
castle located in the chief borough of the county, but some met in the
open air.
Twice a year the sheriff visited each hundred in the county to hold a
turn [court for small offenses, such as encroachment of public land,
brewing and baking contrary to government regulations, and use of
dishonest weights and measures.]. Everyone who held freehold land in the
hundred except the greater magnates had to attend or be fined for
absence. The sheriff annually viewed frankpledge, in which every layman
without land that could be forfeited for felony, including villeins,
were checked for being in a tithing, a group of neighbors responsible
for each other's good conduct. This applied to every boy who had reached
the age of twelve. He had to swear on the Bible "I will be a lawful man
and bear loyalty to our lord the King and his heirs, and I will be
justiciable to my chief tithing man, so help me God and the saints."
Each tithing man paid a penny to the sheriff.
The hundred court decided cases of theft, viewing of boundaries of
land, claims for tenurial services, claims for homage, relief, and for
wardship; enfeoffments made, battery and brawls not amounting to felony,
wounding and maiming of beasts, collection of debts, trespass, detinue
[detention of personal property which originally was rightfully
acquired] and covenant, which now requires a sealed writing; defamation,
and inquiries and presentments arising from the assizes of bread and ale
and measures. A paid bailiff had responsibility for the hundred court,
which met every three weeks.
Public-domain text, read in full here on John Shaqi.
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