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
Justices of the Peace, appointed by the Crown, investigated all
riots and arrested rioters, by authority of statute. If they had
departed, the Justices certified the case to the King. The case
was then set for trial first before the King and his council and
then at the King's Bench. If the suspected rioters did not
appear at either trial, they could be convicted for default of
appearance. If a riot was not investigated and the rioters
sought, the Justice of the Peace nearest forfeited 2,000s.
Justices of the peace were not paid and need not have a legal
background. For complex cases and criminal cases with defendants
of high social status, they deferred to the Justices of Assize,
who rode on circuit once or twice a year.
Manor courts still formally admitted new tenants, registered
titles, sales of land and exchanges of land, and commutation of
services, enrolled leases and rules of succession, settled
boundary disputes, and regulated the village agriculture.
All attorneys shall be examined by the royal judges for their
learnedness in the law and, at their discretion, those that are
good and virtuous shall be received to make any suit in any
royal court. The attorneys shall be sworn to serve well and
truly in their offices.
Attorneys may plead on behalf of parties in the hundred courts.
A qualification for jurors was to have an estate to one's own use
or one of whom other persons have estates of fee simple, fee
tail, freehold in lands and tenements, or freehold, which was at
least 40s. per year in value. In a plea of land worth at least
40s. yearly or a personal plea with relief sought at least
800s., jurors had to have land in the bailiwick to the value of
at least 400s., because perjury was considered less likely in
the more sufficient men.
Jurors were separated from witnesses.
Justices of the Peace were to have lands worth 267s. yearly,
because those with less used the office for extortion and lost
the respect and obedience of the people.
A Sheriff was not to arrest, but to transfer indictments to the
Justices of the Peace of the county. He had to reside in his
bailiwick. The sheriff could be sued for misfeasance such as
bribery in the King's court.
Court of "Pie Powder" [French pie poudre: dust on the feet] were
established at the great fairs to decide conflicts of commercial
law there.
Chapter 11
The Times: 1485-1509
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account