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 Justices of the Peace had administrative duties in control of
vagrancy, upkeep of roads and bridges, and arbitration of
lawsuits referred to them by courts. They listed the poor in
each parish community, assessed rates for their maintenance, and
appointed overseers to administer the welfare system, deploying
surplus funds to provide houses of correction for vagrants. Raw
materials such as wool, flax, hemp, and iron were bought upon
which the able-bodied unemployed could be set to work at the
parochial level. They determined wages in their districts, with
no statutory ceiling on them, for all laborers, weavers,
spinsters, workmen and workwomen working by the day, week,
month, or year, or taking any work at any person's hand,. There
were about 50 Justices of the Peace per county. All were unpaid.
They performed these duties for the next 200 years.
The Court of Queen's Bench and Exchequer indirectly expanded
their jurisdiction to include suits between citizens, formerly
heard only the Court of Common Pleas or Chancery. Chancery
interrogated defendants. Chancery often issued injunctions
against suits in the common law courts. Trial by battle was very
rare.
Pleadings had to be in writing and oral testimony was given by
sworn witnesses. Case decisions are in books compiled by various
reporters who sit in on court hearings rather than in year
books.
In the common law courts, the action of assumpsit for enforcing
certain promises is used more than the action of debt in those
cases where there is a debt based on an agreement. The essential
nature of "consideration" in contract is evolving from the
procedural requirements for the action of assumpsit.
Consideration may consist in mutual promises, a precedent debt,
or a detriment incurred by one who has simultaneously received a
promise related to the detrimental action. Consideration must be
something, an act, or forbearance of an act that is of value.
For instance, forbearance to sue a worthless claim is not
consideration.
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