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 King's Royal Court heard issues concerning the Crown and
breaches of the King's peace, which included almost all criminal
matters. The most serious offenses: murder, robbery, rape,
abduction, arson, treason, and breach of fealty, were now called
felonies. Other offenses were: housebreaking, ambush, certain
kinds of theft, premeditated assault, and harboring outlaws or
excommunicants. Henry personally presided over hearings of
important legal cases. He punished crime severely. Offenders
were brought to justice not only by the complaint of an
individual or local community action, but by official
prosecutors. A prosecutor was now at trials as well as a judge.
Trial is still by compurgation.
These offenses against the King placed merely personal property
and sometimes land at the King's mercy. Thus the Crown increased
the range of offenses subject to its jurisdiction and arrogated
to itself profits from the penalties imposed.
The Royal Court also heard these offenses against the King:
fighting in his dwelling, contempt of his writs or commands,
encompassing the death or injury of his servants, contempt or
slander of the King, and violation of his protection or his law.
It heard these offenses against royal authority: complaints of
default of justice or unjust judgment, pleas of shipwrecks,
coinage, treasure- trove [money buried when danger approached],
forest prerogatives, and control of castle building.
Henry began the use of writs to intervene in civil matters. These
writs allowed people to come to the Royal Court on certain
issues. He had some locally based justices, called justiciars.
Also, he sent justices out on eyres [journeys],with wide
responsibilities, to hear and decide all manner of Crown pleas.
This brought royal authority into the localities and served to
check baronial power over the common people. He created the
office of chief justiciar, which carried out judicial and
administrative functions.
The Royal Court also decided land disputes between barons. There
was a vigorous interventionism in the land law subsequent to
appeals to the King in landlord- tenant relations, brought by a
lord or by an undertenant. Assizes [those who sit together] of
local people who knew relevant facts were put together to assist
the court.
Records of the verdicts of the Royal Court were sent with
traveling justices for use as precedent in shire and hundred
courts.
Public-domain text, read in full here on John Shaqi.
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