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 children of priests are declared legitimate so they may
inherit their ancestor's lands. The priests may be tenants by
courtesy after the death of their wives of such land and
tenements that their wives happened to be seized of in fee
simple or in fee tail, during the spousals.
Judicial Procedure
Doctors of the civil law may practice in the church or Chancery
courts.
Justices shall tax inhabitants of the county for building jails
throughout the nation, for imprisonment of felons, to be kept by
the sheriffs and repaired out of the Exchequer.
Piracy at sea or in river or creek or port are adjudicated in
shires because of the difficulty of obtaining witnesses from the
ship, who might be murdered or who are on other voyages on the
sea, for adjudication by the admiral.
Piracy and murder on ships is punishable by death only after
confession or proof by disinterested witnesses.
Land held by tenants in common may be partitioned by court order,
because some of these tenants have cut down all the trees to
take the wood and pulled down the houses to convert the material
to their own use.
Persons worth 800s. a year in goods shall be admitted in trials
of felons in corporate towns although they have no freehold of
land.
Each justice of the high courts may employ one chaplain.
The Privy Council took the authority of the star court, which
organized itself as a specialty court. Also, a specific group of
full-time councilors heard pleas of private suitors.
The bishops, nobility, and Justices of the Peace were commanded
to imprison clergy who taught papal authority. Justices of the
Peace and sheriffs were to watch over the bishops. The Justices
of Assize were to assess the effectiveness of the Justices of
the Peace as well as enforce the treason act on circuit.
The criminal court had no jury and went outside the common law to
prosecute political enemies.
Since the nation was now peaceful, expediency was no longer
needed, so judicial procedures again became lengthy and formal
with records.
All pleadings and usually testimony was put into writing in
Chancery court.
Witnesses could be sworn in to state pertinent facts necessary
for full understanding and adjudication of cases, because they
are reliable now that there is no livery and maintenance and
because jurors no longer necessarily know all the relevant
facts.
Chapter 13
The Times: 1558-1604
Queen Elizabeth I was intelligent, educated, and wise about human
nature. When young, she was a brilliant student. Then, she
studied much history, philosophy, and oratory. She wrote in
English, Latin, French, and Italian. She read Greek, including
the Greek Testament, Greek orators, and Greek dramatists at age
seven, when the first professorship of Greek was founded at
Cambridge University. Book- learning was one of her highest
values throughout her life. She had good judgment in selecting
her ministers and advisors for her Privy Council. Like her
father and grandfather, she dominated Parliament.
Public-domain text, read in full here on John Shaqi.
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