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
Felony included such crimes as homicide, arson, rape, robbery,
burglary, and larceny. Secret homicide was still murder. Burglary was an
offense committed in times of peace and consisted of breaking into
churches, houses, and into the walls and gates of villages and boroughs.
These six offenses could be prosecuted by indictment or private
accusation by an individual. The penalties involved loss of life or limb
or outlawry; a felon's goods were confiscated by the crown and his land
was forfeited to the crown for a year and a day, after which it
escheated to the felon's lord. The peace of the king now did not die
with the king, but renewed automatically without an interval before the
inauguration of a new king.
Notorious felons who would not consent or put themselves on inquests
for felonies with which they were charged at royal courts were put in
strong and hard imprisonment to persuade them to accept trial by assize.
This inducement progressed into being loaded with heavy chains and
placed on the ground in the worst part of the prison and being fed a
only little water one day and a little bread the next. Sometimes pieces
of iron or stones were placed one another onto their prone bodies to
persuade them to plead. This then developed into being loaded with as
much iron as could be borne, and finally into being pressed to death
["peine forte et dure"]. Many of these men chose to die by this pressing
so that their families could inherit their property, which would have
been forfeited if they had been convicted of serious crimes.
The most common cases in the Court of Common Pleas were "detinue"
[wrongful detention of a good or chattel which had been loaned, rented,
or left for safekeeping with a "bailee", but belonged to the plaintiff],
"debt" [for money due from a sale, for money loaned, for rent upon a
lease for years, from a surety, promised in a sealed document, or due to
arbitrators to whom a dispute had been submitted] and "account" [e.g.
against bailiffs of manors, a guardian in socage, and partners]. It also
heard estovers [right to use during a lease] of wood, profit by
gathering nuts, acorns, and other fruits in wood, corody [allowance of
food], yearly delivery of grain, toll, tunnage, passage, keeping of
parks, woods, forests, chases, warrens, gates, and other bailiwicks, and
offices in fee.
The itinerant justices gradually ceased to perform administrative
duties on their journeys because landed society had objected to their
intrusiveness. Edward I substituted regular visitations of justices of
assize for the irregular journeys of the itinerant justices. Each one of
four circuits had two justices of assize. From about 1299, these
justices of assize heard cases of gaol delivery. Their jurisdiction
expanded to include serious criminal cases and breach of the king's
peace.
Breaches of the forest charter laws were determined by justices of the
King's forest, parks, and chases, along with men of assize.
Public-domain text, read in full here on John Shaqi.
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