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
Because the common law and its procedures have become technical
and rigid, the Chancery was given equity jurisdiction by statute
in 1285. In Chancery, if there is a case with no remedy
specified in the law, that is similar to a case for which there
is a writ, then a new writ may be made for that case. These were
called "actions on the case". This added to Chancery's work of
now hearing petitions of misconduct of government officials or
of powerful oppressors, wardship of infants, dower, rent
charges, fraud, accident, and abuse of trust. Also, Parliament
may create new remedies.
Disputes within the royal household were administered by the
King's steward. He received and determined complaints about acts
or breaches of the peace within twelve miles around the King's
person or "verge". He was assisted by the marshall in the "court
of the hall" and by the clerk of the market when imposing fines
for trading regulation violations in the "court of the market".
Chapter 9
The Times: 1348-1399
Waves of the black death, named for the black spots on the body,
swept over the nation. The first wave of this plague, in 1348,
decimated the population by about one half in the towns and one
third in the country. People tried to avoid the plague by
flight. The agony and death of so many good people caused some
question their belief in God. Also, it was hard to understand why
priests who fled were less likely to die than priests who stayed
with the dying to give them the last rites. Thus begins a long
period of disorganization, unrest, and social instability.
Customary ways were so upset that authority and tradition were no
longer automatically accepted. Fields lay waste and sheep and
cattle wandered over the countryside. Local courts could not be
held. Some monasteries in need of cash sold annuities to be paid
in the form of food, drink, clothing, and lodging during the
annuitant's life, and sometimes that of his widow also. Guilds
and rich men made contributions to the poor and ships with
provisions were sent to various parts of the country for the
relief of starving people.
Farm workers were so rare that they were able to demand wages at
double or triple the pre-plague rate. Prices did not go up
nearly as much. The villeins had become nomadic, roaming from
place to place, seeking day work for good wages where they could
get it, and resorting to thievery on the highways or beggary
where they could not. The Robin Hood legends were popular among
them.
They spread political songs among each other, such as: "To seek
silver to the King, I my seed sold; wherefore my land lieth
fallow and learneth to sleep. Since they fetched my fair cattle
in my fold; when I think of my old wealth, well nigh I weep.
Thus breedeth many beggars bold; and there wakeneth in the world
dismay and woe, for as good is death anon as so for to toil."
Public-domain text, read in full here on John Shaqi.
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