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
There were local courts of the vill, borough, manor, hundred, county,
sheriff, escheator, and royal bailiff, with overlapping jurisdictions.
The county court in its full session, that is, as it attended the
itinerant justices on their visitation, contained the archbishops,
bishops, priors, earls, barons, knights, and freeholders, and from each
township four men and the reeve, and from each borough twelve burgesses.
It was still the folkmote, the general assembly of the people. In 1293,
suitors who could not spend 40s. a year within their county were not
required to attend their county court.
The most common plea in the hundred court was trespass. It also heard
issues concerning services arising out of land, detention of chattels,
small debts, wounding or maiming of animals, and personal assaults and
brawls not amounting to felony. It met every three weeks. The sheriff
held his turn twice a year and viewed frankpledge once a year.
When Edward I came to the throne, over half of the approximately 600
hundred courts had gone under the jurisdiction of a private lord owing
to royal charter, prescriptive right, and usurpation. The sheriff's
powers in these hundreds varied. In some, the sheriff had no right of
entry.
In the manor courts, actions of debt, detinue, and covenant were
frequent. Sometimes there are questions of a breach of warranty of title
in agreements of sale of land. Accusations of defamation were frequent;
this offense could not be taken to the King's court, but it had been
recognized as an offense in the Anglo-Saxon laws. In some cases, the
damages caused are specifically stated. For instance, defamation of a
lord's grain would cause other purchasers to forbear buying it. There
are frequent cases of ordinary thefts, trespasses, and assaults. The
courts did rough but substantial justice without distinction between
concepts such as tort and contract. In fact, the action of covenant was
the only form of agreement enforceable at common law. It required a
writing under seal and awarded damages. Manor court law was not
technical, but elastic, and remedies could include injunctions, salary
attachment, and performance of acts. The steward holding the manor court
was often a lawyer.
Some pleas in the manors of the abbey of Bec were:
1. Hugh le Pee in mercy (fine, 12d.) for concealing a sheep for half a
year. Pledges, Simon of Newmere, John of Senholt
2. William Ketelburn in mercy (fine, 13s.4d.) for divers trespasses.
Pledge, Henry Ketelburn.
3. Hugh Derwin for pasture, 6d. Richard Hulle for divers trespasses,
12d. Henry Stanhard for pasture, 6d.
4. William Derwin for a trespass, 6d.; pledge, William Sperling.
Public-domain text, read in full here on John Shaqi.
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