View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
The constable and marshal of England possessed a jurisdiction, the
proper limits whereof were sufficiently narrow, as it seems, to have
extended only to appeals of treason committed beyond sea, which were
determined by combat, and to military offences within the realm. But
these high officers frequently took upon them to inquire of treasons and
felonies cognizable at common law, and even of civil contracts and
trespasses. This is no bad illustration of the state in which our
constitution stood under the Plantagenets. No colour of right or of
supreme prerogative was set up to justify a procedure so manifestly
repugnant to the great charter. For all remonstrances against these
encroachments the king gave promises in return; and a statute was
enacted, in the thirteenth of Richard II., declaring the bounds of the
constable and marshal's jurisdiction.[368] It could not be denied,
therefore, that all infringements of these acknowledged limits were
illegal, even if they had a hundred fold more actual precedents in their
favour than can be supposed. But the abuse by no means ceased after the
passing of this statute, as several subsequent petitions that it might
be better regarded will evince. One, as it contains a special instance,
I shall insert. It is of the fifth year of Henry IV.: "On several
supplications and petitions made by the commons in parliament to our
lord the king for Bennet Wilman, who is accused by certain of his
ill-wishers and detained in prison, and put to answer before the
constable and marshal, against the statutes and the common law of
England, our said lord the king, by the advice and assent of the lords
in parliament, granted that the said Bennet should be treated according
to the statutes and common law of England, notwithstanding any
commission to the contrary, or accusation against him made before the
constable and marshal." And a writ was sent to the justices of the
King's Bench with a copy of this article from the roll of parliament,
directing them to proceed as they shall see fit according to the laws
and customs of England.[369]
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