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
Admiralty law came into being when ancient naval manners and customs
were written down as the "Black Book of the Admiralty". This included
the organization of the fleet under the Admiral, sea-maneuver rules such
as not laying anchor until the Admiral's ship had, engagement rules, and
the distribution of captured goods: one-fourth to the vessel owner,
one-fourth to the king if the seamen were paid by the king's wages, and
the rest divided among the crew and Admiral. Stealing a boat or an
anchor holding a boat was punishable by hanging. Stealing an oar or an
anchor was punishable by forty days imprisonment for the first offense,
six months imprisonment for the second, and hanging for the third.
Desertion was punishable by loss of double the amount of wages earned
and imprisonment for one year. Cases were tried by jury in the Admiral's
court.
Wines, vinegar, oil and honey imported shall be gauged by the King's
appointees.
- Judicial Procedure -
The office of Justice of the Peace was developed and filled by knights,
esquires and gentlemen who were closely associated with the magnates.
There was no salary nor any requirement of knowledge of the law. They
were to pursue, restrain, arrest, imprison, try, and duly punish felons,
trespassers, and rioters according to the law. They were expected to
arrest vagrants who would not work and imprison them until sureties for
good behavior was found for them. They also were empowered to inspect
weights and measures. Trespass included forcible offenses of breaking of
a fence enclosing private property, assault and battery, false
imprisonment, and taking away goods and chattels.
The action of trespass was replacing private suits for murder and for
personal injury.
Pardons may be given only for slaying another in one's own defense or
by misfortune [accident], and not for slaying by lying in wait, assault,
or malice aforethought.
Justices of Assize, sheriffs, and Justices of the Peace and mayors
shall have power to inquire of all vagabonds and compel them to find
surety of their good bearing or be imprisoned.
A reversioner shall be received in court to defend his right when a
tenant for a term of life, tenant in dower, or by curtesy of the nation,
or in [Fee] Tail after Possibility of Issue extinct are sued in court
for the land, so as to prevent collusion by the demandants.
A person in debt may not avoid his creditors by giving his tenements or
chattels to his friends in collusion to have the profits at his will.
Where there was a garnishment given touching a plea of land, a writ of
deceit is also maintainable.
Actions of debt will be heard only in the county where the contract was
made. The action of debt includes enforcement of contracts executed or
under seal, e.g. rent due on a lease, hire of an archer, contract of
sale or repair of an item. Thus there is a growing connection between
the actions of debt and contract.
Public-domain text, read in full here on John Shaqi.
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