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 Star Chamber, Chancellor, King's Bench and King and council
have the power to examine all defendants, by oath or otherwise,
to adjudge them convicted or attainted. They can also be found
guilty by confession, examination, or otherwise. If a defendant
has denied doing the acts of which he is convicted, he is
subject to an additional fine to the King and imprisonment.
Violations of statutes may be heard by the Justices of Assize or
the Justices of the Peace, except treason, murder, and felony.
Actions on the case shall be treated as expeditiously in the
courts of the King's Bench and his common bench as actions of
trespass or debt.
Proclamation at four court terms of a levy of a fine shall be a
final end to an issue of land, tenements, or other hereditaments
and the decision shall bind persons and their heirs, whether
they have knowledge or not of the decision, except for women in
covert [under the protection of a husband] who were not parties,
persons under the age of twenty-one, in prison, out of the
nation, or not of whole mind, who are not parties. These may sue
within five years of losing such condition. Also, anyone not a
party may claim a right, title, claim, or interest in the said
lands, tenements, or other hereditaments at the time of such
fine recorded, within five years after proclamations of the fine.
A defendant who appeals a decision for the purpose of delaying
execution of such shall pay costs and damages to the plaintiff
for the delay.
No sheriff, undersheriff, or shire clerk shall enter any
complaints in their books unless the complaining party is
present. And no more complaints than the complaining party knows
about shall be entered. The penalty is 40s. for each such false
complaint, one half to the King and the other half to the suer
after examination by a Justice of the Peace. This is to prevent
extortion of defendants by false complaints. The justice shall
certify this examination to the King, on pain of a fine of 40s.
A bailiff of a hundred who does not do his duty to summon
defendants shall pay a fine of 40s. for each such default, after
examination by a Justice of the Peace. Sheriffs' records of fines
imposed and bailiffs' records of fines collected may be reviewed
by a Justice of the Peace to examine for deceit.
Any sheriff allowing a prisoner to escape, whether from
negligence or for a bribe, shall be fined, if the prisoner was
indicted of high treason, at least 1,333s. for each escape.
However, if the prisoner was in their keeping because of a
suspicion of high treason, the fine shall be at least 800s.; and
if indicted of murder or petite treason, at least 400s.; and if
suspected of murder or petite treason, 200s.; and if suspected
of other felonies, 100s.
Any person not responding to a summons for jury service shall be
fined 12d. for the first default, and 2s. for the second, and
double for each subsequent default.
A pauper may sue in any court and be assigned an attorney at no
cost to him.
Public-domain text, read in full here on John Shaqi.
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