Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
Trial by battle is now limited to certain claims of enfeoffment
of large land holding and is barred for land held in socage,
burgage, or by marriage. Assize is the usual manner of trial,
but compurgation remains in the borough court long after it
becomes obsolete in the royal courts. Defendants no longer
request assizes but are automatically put to them.
Numerous statutes protect the integrity of the courts and King's
offices by double and treble damages and imprisonment for
offenses such as bribery, false informers, conspiracy to falsely
move or maintain pleas, champerty [giving an interest in the
outcome of a case to a person for his assistance in litigating
it], conflict of interest by court officers by having a part in
the business or thing at issue. There had been many abuses, the
most common of which was extortion by sheriffs, who jailed
people without cause to make them pay to be released.
The King reserved to himself and his council in its judicial
capacity the correction of all breaches of the law which the
lower courts had failed to remedy, whether from weakness,
partiality, or corruption, and especially when the powerful
barons defied the courts.
The Court of Hustings in London is empowered to award landlords
their tenements for which rent or services are in arrears if the
landlord could not distrain enough tenant possessions to cover
the arrearages.
Wills are proven in the Court of Husting, the oldest court in
London, which went back to the times of Edward the Confessor.
One such proven will is:
"Tour (John de La) - To Robert his eldest son his capital
messuage and wharf in the parish of Berchingechurch near the
land called 'Berewardesland`. To Agnes his wife his house called
'Wyvelattestone', together with rents, reversions, etc. in the
parish of S. Dunstan towards the Tower, for life; remainder to
Stephen his son. To Peter and Edmund his sons lands and rents in
the parish of All Hallows de Berhyngechurch; remainders over in
default of heirs. To Agnes, wife of John le Keu, fishmonger, a
house situate in the same parish of Berhyng, at a peppercorn
[nominal] rent."
The Court of the Mayor of London heard diverse cases, including
disputes over goods, faulty goods, enhancing the price of goods,
using unlawful weighing beams, debts, theft, distraints,
tavern-brawling, bullying, and gambling. The following four
cases pertain to customs, bad grain, surgery, and apprenticeship,
respectively.
Public-domain text, read in full here on John Shaqi.
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