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 became the central criminal court after 1560,
and punished perjury, corruption, malfeasance throughout the
legal system such as jury corruption and judicial bribery,
rioting, slander, and libel. Punishments were imprisonment,
fines, the pillory, ear-cropping, whipping, but not death. This
court interrogated the accused, with torture is necessary, and
heard witnesses in camera [not in the presence of the accused].
The court of High Commission took over criminal cases formerly
heard by the church courts.
Suits on titles to land were restricted to the common law courts
and no longer to be heard in the Star Chamber, Chancery Court,
or in the Court of Requests (equity for poor people).
The Queen's Privy Council frequently issued orders to Justices of
the Peace, for instance to investigate riots and crimes, to
enforce the statutes against vagrancy and illegal games, to
regulate alehouses, to ensure that butchers, innkeepers, and
victuallers did not sell meat on fish days, and to gather
information needed from the counties.
The Judges of Assize rode on circuit twice a year to enforce the
criminal law and reported their assessment of the work of the
Justices of the Peace back to the Privy Council. Accused people
could wait for years in jail before their case was heard.
The Privy Council investigated sedition and treason, security of
the regime, major economic offenses, international problems,
civil commotion, officials abusing their positions, and persons
perverting the course of justice. The formal trials of these
offenses would be held elsewhere.
The duty to hear and determine felonies was taken from Justices
of the Peace by 1590. The Judges of Assize did this work.
Felonies included breach of prison, hunting by night with
painted faces, taking horses to Scotland, stealing of hawks'
eggs, stealing cattle, highway robbery, robbing on the sea,
robbing houses, letting out of ponds, cutting of purses,
deer-stealing at night, conjuring and witchcraft, diminution of
coin, counterfeiting of coins, and impenitent roguery and
idleness. The penalty was beheading.
The Justices of the Peace decided misdemeanors such as abduction
of heiresses, illegal entry, petty thievery, damage to crops,
fence-breaking, brawling, personal feuds, drunken pranks,
swearing, profanation of the Sabbath, alehouse nuisances,
drunkenness, perjury, and malfeasance by officials. They held
petty and quarter sessions. Many people were hanged for the
felony of theft over 12d. Some bold men accused of felony
refused to plead so that they could not be tried and found
guilty. They died of heavy weights being placed on their bodies.
But then their property could go to their heirs.
Public-domain text, read in full here on John Shaqi.
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