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
The Court of the King's Bench worked independently of the King.
It became confined to the established common law. The King
proclaimed that petitions for remedies that the common law
didn't cover be addressed to the Chancellor, who was not bound
by established law, but could do equity. With the backing of the
council, he made decisions implementing the policy of the Statute
of Laborers. Most of these concerned occupational competency,
for instance negligent activity of carriers, builders,
shepherds, doctors, clothworkers, smiths, innkeepers, and
jailers. For instance, the common law action of detinue could
force return of cloth bailed for fulling or sheep bailed for
pasturing, but could not address damages due to faulty work. The
Chancellor addressed issues of loss of wool, dead lambs, and
damaged sheep, as well as dead sheep. He imposed a legal duty on
innkeepers to prevent injury or damage to a patron or his goods
from third parties. A dog bite or other damage by a dog known by
its owner to be vicious was made a more serious offense than
general damage by any dog. A person starting a fire was given a
duty to prevent the fire from damaging property of others. These
new forms of action came to be known as assumpsit, which
provided damages for breach of an oral agreement and a written
agreement without a seal, or trespass on the case, which did not
require the element of force of the trespass offense.
Decisions of the common law courts are appealable to Parliament,
which can change the common law by statute.
No attorney may practice law and also be a justice of assize.
Champerty [an outsider supporting or maintaining litigation in
which there is an agreement for him to share in the award] is
forbidden because court officials have maintained and defended
a party which has resulted in another party being cheated out of
his land.
Whereas it is contained in the Magna Carta that none shall be
imprisoned nor put out of his freehold, nor of his franchises
nor free custom, unless it be by the law of the land; it is
established that from henceforth none shall be taken by petition
or suggestion made to the King unless by indictment of good and
lawful people of the same neighborhood where such deeds be done,
in due manner, or by process made by writ original at the common
law; nor that none be out of his franchise, nor of his
freeholds, unless he be duly brought into answer and forejudges
of the same by the course of law. (forerunner of indictment grand
juries and trial juries for criminal cases)
There were so many cases that were similar to, but not in
technical conformity with, the requirements of the common law
for a remedy by the reign of Edward III, that litigants were
flowing into the Chancery, which had the power to give swift and
equitable relief.
The King will fine instead of seize the land of his tenants who
sell or alienate their land, such fine to be determined by the
Chancellor by due process.
Public-domain text, read in full here on John Shaqi.
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