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 county courts heard cases of theft, brawling, beating, and
wounding, for which the penalties could be exposure in the pillory or
stocks. The pillory held an offender's head and hands in holes in
boards, and the stocks held one's hands and feet. Here the public could
scorn and hit the offender or throw fruit, mud, and dead cats at him.
For sex offenders and informers, stones were usually thrown. Sometimes a
person was stoned to death. The county courts met twice yearly. If an
accused failed to appear after four successive county courts, he was
declared outlaw at the fifth and forfeited his civil rights and all his
property. He could be slain by anyone at will.
The hundred court met once a month to hear neighborhood disputes, for
instance concerning pastures, meadows and harvests. Usually present was
a priest, the reeve, four representative men, and sometimes the lord or
his steward in his place. Sometimes the chief pledges were present to
represent all the men in their respective frankpledges. The bailiff
presided over all these sessions except two, in which the sheriff
presided over the full hundred court to take the view of frankpledge,
which was required for those who did not have a lord to answer for him.
The barons held court on their manors at a "hallmote" for issues
arising between people living on the manor, such as bad ploughing on the
lord's land or letting a cow get loose on the lord's land, and land
disputes. This court also made the decision of whether a certain person
was a villein or freeman. The manor court took over issues which had
once been heard in the vill or hundred court. The baron charged a fee
for hearing a case and received any fines he imposed, which amounted to
significant "profits of justice".
Boroughs held court on trading and marketing issues in their towns such
as measures and weights, as well as issues between people who lived in
the borough. The borough court was presided over by a reeve who was a
burgess as well as a royal official.
Wealthy men could employ professional pleader-attorneys to advise them
and to speak for them in a court.
Public-domain text, read in full here on John Shaqi.
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