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
Numerous statutes protect the integrity of the courts and King's
offices by double and treble damages and imprisonment for offenses such
as bribery, false informers, conspiracy to falsely move or maintain
pleas, champerty [covenant between a litigant and another for the other
to have a part or profit in the award in return for maintaining the
suit], conflict of interest by court officers taking part in a quarrel
pending in court or working any fraud whereby common right may be
delayed or disturbed. There had been many abuses, the most common of
which was extortion by sheriffs, who gaoled people without cause to make
them pay to be released. The 1275 prohibition of maintenance of a
quarrel of a party in court by a nonparty was extended in 1327 to all
persons, including the king's councilors and ministers, and great men,
e.g. by sending letters. In 1346, this prohibition specifically included
prelates, earls, barons taking in hand quarrels other than their own, or
maintaining them for gift, promise, amity, favor, doubt, or fear, in
disturbance of law and hindrance of right. The reason given was that
there had been persons disinherited, delayed or disturbed in their
rights, and not guilty persons convicted or otherwise oppressed. All
great men were required to put out of their service all maintainers who
had been retained, and void their fees and robes, without giving them
aid, favor, or comfort. This law was not obeyed.
The king reserved to himself and his council in its judicial capacity
the correction of all breaches of the law which the lower courts had
failed to remedy, whether from weakness, partiality, corruption, or jury
timidity, and especially when the powerful barons defied the courts. The
Chancery also sought to address causes which were impeded in their
regular course, which often involved assaults, batteries, and forcible
dispossessions.
Disputes within the royal household were administered by the King's
steward. He received and determined complaints about acts or breaches of
the peace within twelve miles around the King's person or "verge". He
was assisted by the marshall in the "court of the hall" and by the clerk
of the market when imposing fines for trading regulation violations in
the "court of the market".
Ecclesiastical courts were successful in their competition with the
secular courts for jurisdiction over testamentary matters [concerning
wills] and succession [no will] to chattels.
Public-domain text, read in full here on John Shaqi.
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