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
The King's Royal Court heard issues concerning the Crown and breaches
of the King's peace, which included almost all criminal matters. The
most serious offenses: murder, robbery, rape, abduction, arson, treason,
and breach of fealty, were now called felonies. Other offenses were:
housebreaking, ambush, certain kinds of theft, premeditated assault, and
harboring outlaws or excommunicants. Henry personally presided over
hearings of important legal cases. He punished crime severely. Offenders
were brought to justice not only by the complaint of an individual or
local community action, but by official prosecutors. A prosecutor was
now at trials as well as a justice. Trial is still by compurgation.
Trial by combat was relatively common.
These offenses against the king placed merely personal property and
sometimes land at the king's mercy. Thus the Crown increased the range
of offenses subject to its jurisdiction and arrogated to itself profits
from the penalties imposed. A murderer could be given royal pardon from
the death penalty so that he could pay compensation to the relatives.
The Royal Court also heard these offenses against the king: fighting in
his dwelling, contempt of his writs or commands, encompassing the death
or injury of his servants, contempt or slander of the King, and
violation of his protection or his law. It heard these offenses against
royal authority: complaints of default of justice or unjust judgment,
pleas of shipwrecks, coinage, treasure trove [money buried when danger
approached], forest prerogatives, and control of castle building.
Slander of the king, the government, or high officials was punishable
as treason, felony, misprision of treason, or contempt, depending on the
rank and office of the person slandered and the degree of guilt.
Public-domain text, read in full here on John Shaqi.
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