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
Since the power of the throne changed from one faction to another,
political and personal vindictiveness gave rise to many bills of
attainder that resulted in lords being beheaded and losing their lands
to the King. However, these were done by the form of law; there were no
secret executions in England. Families engaged in blood feuds. Roving
bands ravaged the country, plundering the people, holding the forests,
and robbing collectors of Crown revenue. Some men made a living by
fighting for others in quarrels. Individual life and property were
insecure. Whole districts were in a permanent alarm of riot and robbery.
The roads were not safe. There was fighting between lords and gangs of
ruffians holding the roads, breaking into and seizing manor houses, and
openly committing murders.
Peace was never well-kept nor was law ever well-executed, though
fighting was suspended by agreement during the harvest. Local
administration was paralyzed by party faction or lodged in some great
lord or some clique of courtiers. The elections of members to Parliament
was interfered with and Parliament was rarely held. Barons and earls
fought their disputes in the field rather than in the royal courts.
Litigation was expensive, so men relied increasingly on the protection
of the great men of their neighborhood and less on the King's courts for
the safety of their lives and land. Local men involved in court
functions usually owed allegiance to a lord which compromised the
exercise of justice. Men serving in an assize often lied to please their
lord instead of telling the truth. Lords maintained, supported, or
promoted litigation with money or aid supplied to one party to the
detriment of justice. It was not unusual for lords to attend court with
a great force of retainers behind them. Many Justices of the Peace wore
liveries of magnates and accepted money from them. Royal justices were
flouted or bribed. The King's writ was denied or perverted. For 6-8s., a
lord could have the king instruct his sheriff to impanel a jury which
would find in his favor. A statute against riots, forcible entries, and,
excepting the King, magnates' liveries of uniform, food, and badges to
their retainers, except in war outside the nation, was passed, but was
difficult to enforce because the offenders were lords, who dominated the
Parliament and the council.
Public-domain text, read in full here on John Shaqi.
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