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
Executors have an action for trespass to their testators' goods and
chattels in like manner as did the testator when alive.
If a man dies intestate, his goods shall be administered by his next
and most lawful friends appointed. Such administrators shall have the
same powers and duties as executors and be accountable as are executors
to the ecclesiastical court.
Children born to English parents in parts beyond the sea may inherit
from their ancestors in the same manner as those born in the nation.
A person grieved by a false oath in a town court proceeding may appeal
to the King's Bench or Common Pleas, regardless of any town franchise.
It was exceptional for the King to sit on the Court of the King's
Bench, which worked independently of the King.and became confined to the
established common law.
Decisions of the common law courts are appealable to the House of
Lords. The king's council members who are not peers, in particular the
justices and the Masters of the Chancery, are summoned by the House of
Lords only as mere assistants. Parliament may change the common law by
statute. The right of a peer to be tried for capital crimes by a court
composed of his peers was established. There was a widespread belief
that all the peers are by right the king's councilors.
No attorney may practice law and also be a justice of assize. No
justice may take any gift except from the king nor give counsel to any
litigant before him.
In 1390, there was a statute against maintainers, instigators,
barretors, procurers, and embracers of quarrels and inquests because of
great and outrageous oppressions of parties in court. Because this
encouraged maintenance by the retinue of lords with fees, robes, and
other liveries, such maintainers were to be put out of their lords'
service, and could not be retained by another lord. No one was to give
livery to anyone else, except household members and those retained for
life for peace or for war. Justices of the Peace were authorized to
inquire about yeomen, or other of lower estate than squire, bearing
livery of any lord.
Whereas it is contained in the Magna Carta that none shall be
imprisoned nor put out of his freehold, nor of his franchises nor free
custom, unless it be by the law of the land; it is established that from
henceforth none shall be taken by petition or suggestion made to the
king unless by indictment of good and lawful people of the same
neighborhood where such deeds be done, in due manner, or by process made
by writ original at the common law; nor that none be out of his
franchise, nor of his freeholds, unless he be duly brought into answer
and before judges of the same by the course of law.
Public-domain text, read in full here on John Shaqi.
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