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
Edmund does not acknowledge Baddele to be sergeant of the staple
or Mark a merchant of the staple or that he was taken in the
staple. He is minister of the King's Court of his Bench and is
crier under Thomas Thorne, the chief crier, his master. Every
servant of the court is under special protection while doing his
duty or on his way to do it. On the day in question, he was at
Westminster carrying his master's staff of office before Hugh
Huls, one of the King's justices, and William took him in the
presence of the said justice and imprisoned him.
The case is adjourned for consideration from Hilary to Easter."
Chapter 10
The Times: 1399-1485
This period, which begins with the reign of the usurper King,
Henry IV, is dominated by war: the last half of the 100 year war
with France, which, with the help of Joan of Arc, took all
English land on the continent except the port of Calais, and the
War of the Roses in England. The barons and earls returned from
France with their private fighting units. Nobles employed men who
had returned from fighting to use their fighting skill in local
defense. All the great houses kept bands of armed retainers.
These retainers were given land or pay or both as well as
liveries [uniforms or badges] bearing the family crest. They came
to fight for the cause of one of the two royal family lines
competing for the throne. In the system of "livery and
maintenance", if the retainer was harassed by the law or by
enemies, the lord gave him protection [maintenance].
In both wars, the musket was used as well as the long-bow. Cannon
were used to besiege castles and destroy their walls, so many
castles were allowed to deteriorate. The existence of cannon
also limited the usefulness of town walls for defense.
Barons and earls settled their disputes in the field rather than
in the royal courts. And men relied increasingly on the
protection of the great men of their neighborhood and less on
the King's courts for the safety of their lives and land. Local
men involved in court functions usually owed allegiance to a lord
which compromised the exercise of justice. Men serving in an
assize often lied to please their lord instead of telling the
truth. Lords maintained, supported, or promoted litigation with
money or aid supplied to one party to the detriment of justice.
It was not unusual for lords to attend court with a great force
of retainers behind them. Royal justices were flouted or bribed.
The King's writ was denied or perverted. For 6-8s., a lord could
have the King instruct his sheriff to impanel a jury which would
find in his favor. A statute against riots, forcible entries,
and, excepting the King, magnates' liveries of uniform, food,
and badges to their retainers, except in war outside the nation,
was passed, but was difficult to enforce because the offenders
were lords, who dominated the Parliament and the council.
Public-domain text, read in full here on John Shaqi.
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