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 Royal Court had grown substantially and was not always
presided over by the King. To avoid court agents from having too
much discretionary power, there was a systematic procedure for
bringing cases to the Royal Court. First, a plaintiff had to
apply to the King's Chancery for a standardized writ into which
the cause had to fit. The plaintiff had to pay a fee and provide
a surety that the plea was brought in good faith. The progress
of the suit was controlled at crucial points by precisely
formulated writs to the sheriff, instructing him for instance,
to put the disputed property under royal protection pending a
decision, to impanel an assize and have it view the property in
advance of the justices' arrival, to ascertain a point of fact
material to the plea, or to summon a 'warrantor' to support a
claim by the defendant.
The Royal Court kept a record on its cases on parchment kept
rolled up: its "rolls". The oldest roll of 1194 is almost
completely comprised of land cases.
Anyone could appoint an agent, an "attorney", to appear in court
on his behalf, it being assumed that the principal could not be
present. The principal was then bound by the actions of his
agent. The common law system became committed to the "adversary
system" with the parties struggling judicially against each
other.
The Royal Court took jurisdiction over issues of whether certain
land was civil or ecclesiastical [assize utrum], and therefore
whether the land owed services or payment to the Crown or not.
It also heard issues of disturbance of advowson, a complex of
rights to income from a church and to the selection of a parson
for the church [assize of darrein [last] presentment]. Many
churches had been built by a lord on his manor for his villeins.
The lord had then appointed a parson and provided for his upkeep
out of the income of the church. In later times, the lord's
chosen parson was formally appointed by the bishop. By the 1100s,
many lords had given their advowsons to abbeys.
As before, the land of any person who had been outlawed or
convicted of a felony escheated to his lord. His moveable goods
and chattels became the King's.
The manor court heard cases which arose out of the unfree tenures
of the lord's peasantry.
Public-domain text, read in full here on John Shaqi.
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