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
Debts of country knights and freeholders were heard in the local
courts; debts of merchants and burgesses were heard in the courts of the
fairs and boroughs; debts due under wills and testaments were heard in
the ecclesiastical courts. The ecclesiastical courts deemed marriage to
legitimize bastard children whose parents married, so they inherited
personal property and money of their parents. Proof was by compurgation.
Church law required excommunication to be in writing with the reasons
therefore, and a copy given to the excommunicant. A church judge was
required to employ a notary or two men to write down all acts of the
judge and to give a copy to the parties to protect against unjust
judges. No cleric was allowed to pronounce or execute a sentence of
death or to take part in judicial tests or ordeals. Anyone knowingly
accepting a stolen article was required to restore it to its owner.
Heretics were to be excommunicated.
Trial by combat is still available, although it is extremely rare for
it to take place.
The manor court imposed penalties on those who did not perform their
services to the manor and the lord wrote down the customs of the manor
for future use in other courts.
By statute, no fines could be taken of any man for fair pleading in the
Circuit of Justiciars, county, hundred, or manor courts.
Various statutes relaxed the requirements for attendance at court of
those who were not involved in a case as long as there were enough to
make the inquests fully. And "every freeman who owes suit to the county,
tything, hundred, and wapentake, or to the Court of his Lord, may freely
make his attorney attend for him." All above the rank of knight were
exempted from attendance on the sheriff's turn, unless specifically
summoned. Prelates and barons were generally excepted from the county
courts by the charters of their estates. Charters of boroughs often
excepted their representatives at the county court when there were no
justices. Some barons and knights paid the sheriff to be excused. The
king often relieved the simple knights by special license. There was
frequently a problem of not having enough knights to hold the assizes.
Henry III excused the attendance at hundred courts of all but those who
were bound to special service, or who were concerned in suits.
Public-domain text, read in full here on John Shaqi.
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