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
King Edward IV introduced an elaborate spy system, the use of the rack
to torture people to give information, and other interferences with
justice, all of which the Tudor sovereigns later used. Torture was used
to discover facts, especially about coconspirators, rather than to
elicit a confession, as on the continent. It was only used on prisoners
held in the Tower of London involved in state trials and could only be
authorized by the king's closest councilors in virtue of the royal
prerogative. The rack stretched the supine body by the wrists and legs
with increasing agony at the joints until the limbs were dislocated.
Some victims were permanently crippled by it; others died on it. Most
told what they knew, often at the very sight of the rack. Torture was
forbidden in the common law, which favored an accusatorial system, in
which the accuser had to prove guilt, rather than an inquisitional
system, in which the accused had to prove innocence. Edward IV applied
martial law to ordinary cases of high treason by extending the
jurisdiction of the politically- appointed High Constable of England to
these cases, thus depriving the accused of trial by jury. He executed
many for treason and never restored their forfeited land to their
families, as had been the usual practice.
King Richard III prohibited the seizure of goods before conviction of
felony. He also liberated the unfree villeins on royal estates.
It was declared under Parliamentary authority that there was a
preference for the Crown to pass to a King's eldest son, and to his male
issue after him. Formerly, a man could ascend to the throne through his
female ancestry as well.
- The Law -
The forcible entry statute is expanded to include peaceful entry with
forcible holding after the justices arrived and to forcible holding with
departure before the justices arrived. Penalties are triple damages,
fine, and ransom to the King. A forceful possession lasting three years
is exempt.
By common law, a tenant could not take away buildings or fixtures he
built on land because it would be wasteful. This applied to agricultural
fixtures, but not to other trade fixtures. Also at common law, if a
person had enjoyed light next to his property for at least 20 years, no
one could build up the adjacent land so that the light would be blocked.
Women of age fourteen or over shall have livery of their lands and
tenements by inheritance without question or difficulty.
Purposely cutting out another's tongue or putting out another's eyes is
a felony, the penalty for which is loss of all property].
No one may keep swans unless he has lands and tenements of the estate
of freehold to a yearly value of 67s., because swans of the King, lords,
knights, and esquires have been stolen by yeomen and husbandmen.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account