Our Legal Heritage, King AEthelbert, 596 to King George III, 1775

mes 12

above it. Having a second floor necessitated a fireplace in the wall so the smoke could go up two floors to the roof. Other rooms each had a fireplace. Often the hall was on the second floor and took up two stories. There was a fireplace on one wall of the bottom story. There were small windows around the top story and on the inside of the courtyard. Windows of large houses were of opaque glass supplied by a glassmaking craft. The glass was thick, uneven, di

oards. Outside was an enclosed garden with cabbages, peas, beans, beetroots, onions, garlic, leeks, lettuce, wat

ad. The tunic of merchants and middle class men reached to the calf. The laborer wore a tunic that reached to the knee, cloth stockings, and shoes of heavy felt, cloth, or perhaps leather. Ladies wore a full-length tunic wi

cers, such as supervision of the ploughing and harrowing. Annually, the manor's profit or loss for the year was calculated. Most manors were self-supporting except that iron for tools and horseshoes and salt for curing usually had to be obtained elsewhere. W

man without a son equally among his daughters. Lords were receiving homage from all the daughters and thereby acquiring marriage rights over all of th

ween being unused and called "wasteland". Statutes after a period of civil w

a firm (from hence, the words farm and farmer) sum to hire an agricultural laborer in his place. This

and labor. The professional hunter of wolves, lynx, or otters supplied head coverings. Every village had a smith and possibly a carpenter for construction of ploughs and carts. The smith obtained coal from coal fields for heating the metal he worked. Ho

erer to flee to sanctuary in a church, which would then be surrounded by his pursuers while the coroner was

r and her children if he died first. If dower was not specified, it was understood to be one-third of all lan

ons he arrested. He no longer bought his office and collected certain rents for himself, but was a salaried political appointee of the King. He employed a deputy or undersheriff, who was an attorney, and clerks. If there was civil commotion or contempt of royal authority, the sheriff had power to raise a posse of armed men to restore order [posse comitatus: power of the county]. The coroner watched the interests of the crown and had duties in sudden deaths, treasure trove, and shipwreck cases. There were about five coroners per county and they served for a number of years. They were chosen by the county court. The escheator was appo

d on the committees which reviewed the presentments of the hundreds and village, and carried the record of the county court to Westminster when summoned there by the kings' justices. They served on the grand assize. As elected representatives of their fellow knights of the county, they assessed any taxes due from each hundred. Election might be by nomination by the sheriff f

ld nursing and first aid, spinning, embroidery, and gardening. Girls of high social position were also taught riding and hawking. Grammar schools taught, in Latin, grammar, dialectic (ascertaining word meaning by looking at its origin, its sound (e.g. soft or harsh), its power (e.g. robust and strong sound), its inflection, and its order; and avoiding obscurity and ambiguity in statements), and rhetoric [art of public speakin

"liberal arts", which derived its name from "liber" or free, because they were for the free men of Rome rather than for the economic purposes of those who had to work. The works of Greek authors such as Aristotle were now available; the European monk Thomas Aquinas had edited Aristotle's works to reconcile them to church doctrine. He opined that

etry, including methods of finding the length of lines, the area of surfaces, and the volume of solids, (the science of measurement), astronomy (the most noble of the sciences because it is connected with divinity and theology), music and also Aristotle's philosophy of physics, metaphysics, and ethics

llor of the university at Oxford. He was responsible for law and order and, through his court, could fine, imprison, and excommunicate offenders and expel undesirables such as prostitutes from the town. He had authority over all crimes involving scholars, except murder and mayhem. The Chancellor summoned and presided over meetings of the masters and came to be elected by indirect vote by the masters who had schools, usually no

ut were not confined within the walls of a monastery. They walked barefoot from place to lace preaching. They begged for the

, who shall be a grammarian, and must entirely devote himself to the study of grammar; let him have the care of the students in grammar, and to him also let the more advanced have recourse without a blush, when doubts arise in their faculty. . . There is to be one person in every chamber, where Scholars are resident, of more mature age than the others, who is to make his report of their morals and advancement in learning to the Warden. . . The Scholars who are appointed to the duty of studying in the House are to have a common table, and a dress as nearly alike as possible. . . The members of the College must all be present together, as far as their leisure serves, at the cano

mined his character. The angle and therefore potency of the sun's rays influenced climate, temperament, and changes of mortal life such as disease and revolutions. Unusual events such as the proximity of two planets, a comet, an eclipse, a meteor, or a nova were of great significance. A star often was thought to presage the birth of a great man or a hero. There was a propitious time to have a marriage, go on a journey, make war, and take herbal medicine or be bled by leeches, the latter of which was accompanied by religious ceremony. Cure was by God, with medical practitioners only r

fracted light, and that the human eye lens was doubly convex. He comprehended the magnifying power of convex lenses and conceptualized the combination of lenses which would increase the power of vision by magnification. He realized that rays of light pass so much faster than those of sound or smell that the time is imperceptible to humans. He knew that rays of heat and sound penetrate all matter without our awareness and that opaque bodies offered resistance to passage of light rays. He knew the powe

on of magnets' poles to those of the heavens and earth. He calculated the circumference of the w

ies the elements of which might be separated and recomposed and changed among the states of solid, liquid, and gas. When he studied man's physical nature, health, and disease, he opined that the usefulness of

the differences between arable land, fo

future events. He did calculations on days in a month and days in a

ws governing it. His contribution to the development of science was abstracting the method of experiment from the concrete problem to see its bearing and importanc

ry to theological opinion that a rainbow was placed in the heavens

n, their journeymen, and apprentices. These guilds determined the wages and working conditions of the craftsmen and petitioned the borough authorities for ordinances restraining trade, for instance by controlling the admission of outsiders to the craft, preventing foreigners from selling in the town except at fairs, limiting purchases of raw materials to suppliers within the town, forbidding night work, restrict

battle with much bloodshed between the goldsmiths and the parmenters and between the tailors and the cordwainers in 1267 in Londo

, warehousing and marketing facilities for merchants, and stabling and repairs for wagons. Caregiving infirmaries such as "Bethlehem Hospital" were established in London. One was a lunatic infirmary founded by the sheriff of London. Only tiles were used for roofing in London, because wood shingles were fire hazards and fires in London had been frequent. Some areas near London are disclaimed by the king to be royal forest land, so all citizens could hunt there and till their land t

ably also assessment of the taxes within the ward. There was much effort by the commoners to influence the governance of the city. In 1261 they forced their

se, Marshall of the Trumpets, Keeper of the Books, Keeper of the Dishes and of the Cups, and Steward of the Buttery; and numbers of cat hunters, wolf catchers, clerks and limners, carters, water carriers, washerwomen and laundresses, chaplains, lawyers, archers, huntsmen, hornblowers, barbers, minstrels, guards and servitors, and bakers and confectioners. The fortress also contained a garrison, armory, chapels, stables, forge, wardrobe for a tailor's workroom and secure storage of valuable clothes, silver plate, and expensive imports such as sugar, rice, almonds, dried fruits, cinnamon, saffron, ginger, galingale, zedoary, pepper, nutmeg

mes of chess or dice or songs of minstrels, and sometimes dancing, juggler or acrobat displays, or storytelling by a minstrel. In the summer there were outdoor games and tournaments. Hunting with hounds or hawks was popular with both ladies and gentlemen. The King would go to bed on a feather mattress with fur coverlet that was surrounded by linen hangings. His grooms would sleep on trundle beds in the same room. The queen likewise shared her bedchamber with several of her ladies sleeping on trundle beds. Breakfast was comprised of a piece of bread and a cup of wine taken after the daily morning mass in one of the chapels. Sometimes a round and deep tub was brought into the bedchamber by ser

ering the town loaded with goods, if it was from the county, or 1d. if it came from outside the county; 1/4 d. for every horse loa

n other ships. There were no rowing oars, but steering was still by an oar on the starboard side of the ship. The usual carrying capacity was 30 tuns [big casks of wine each with about 250 gallons]. On the coasts there were lights an

d stained g

yne received t

ir lands and tenures and mortgages

the town, right shall be done to them ac

wcastle-on-Tyne and of mortgages there made

f Newcastle-on-Tyne on any plea, except pleas of tenures

said city for the repayment of any debt to any pe

ge [duty on a ship's cargo] and pontage [tax for r

uit of year's gift and of scotale [pressure to buy ale at the sheriff's tavern], so

, of whatever place they may be, they may come sojourn and depart in my safe peace, o

d them also a

[in the merchant guild

domain, burgesses of the boroughs and cities, clerical tenants-in-chief, and religious houses. The percentage tax came to be used frequently and ranged from about 1/40 th to 1/5 th. In 1294, this tax was bifurcated into one percentage amount for the rural districts and a higher one for urban distric

land falling by descent to aliens. Henry III took 20s. from his tenants-in-chie

and 6d. a day for crossbowmen. Some castle-guard was done by watchmen hired at 2d. a day. Ships were impressed

receipt and consideration of petitions. The barons paid 1/30 th tax on their moveable property to have three barons of their choice added to the council. Statutes were enacted. Landholders were given the duty of electing four of their members in every county to ensure that the sheriff observed the law and to report his misdemeanors to the justiciar. They were also given the duty of electing four men from the county from whom the exchequer was to choose the sheriff of the year. Earl Montfort and certain barons forced King Henry III to summon a great council or parliament in 1265 in whic

e

ecame the first statute of the official statute book. Its provisions express the principle that a ki

in 1225 with the forest clauses separated out into a forest charter. The two version

Carta

rta - 12

CARTA

, and amendment of our realm, by the advice of our reverend Fathers, Stephen, Archbishop of Canterbury, Primate of all England, and Cardinal of the Holy Roman Church; Henry, Archbishop of Dublin; William of London, Peter of Winchester, Jocelin of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, and Benedict of Rochester, Bishops; Master Pandulph, the pope's subdeacon and familiar; Brother Aymeric, Master of the

F ANJOU, TO ALL ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, SHERIFFS, PROVOSTS, OFFICERS

THE ADVANCEMENT OF HOLY CHURCH AND AMENDMENT OF OUR REALM, OF OUR MERE AND FREE WILL, HAVE GIVEN AND GRANTED TO ALL ARCHBISHOPS, BISHOPS, A

IRMATION O

of our own free will, before the outbreak of the dissensions between us and our barons, granted, confirmed, and procured to be confirmed by Pope Innocent III the freedom of elections, which is considered most important and necessary to the English Church, which Charte

OF THE KING'S TE

payment of [no more than] the old relief; to wit, the heir or heirs of an earl, for an entire earldom, 100 pounds [2,000s.]; the heir or heirs of a baron of an entire barony, {100 pounds} 100 MARKS

F AN HEIR WITHIN AGE

, any such heir is under age and in ward, he shall have his inheritance without relief or fine when he comes of age, THAT IS, TWENTY-ONE YEARS OF A

BE MADE BY A GUARD

f the same land, and he commits destruction or waste, we will take an amends from him and recompense therefore. And the land shall be committed to two lawful and discreet men of that fee, who shall be answerable for the issues of the same land to us or to whomsoever we shall have

THE INHERITANCE OF THEIR WA

re to the heir when he comes of age, all his land stocked with {ploughs and tillage, according as the season may require and the issues of the land can reasonably bear} PLOUGHS AND ALL OTHER THINGS, AT THE LEAST AS HE

BE MARRIED WITH

n. {And the marriage shall be made known to t

d of forty days during which the widow has a privilege of remaining in th

which she and her husband held on the day of his death, and she may remain in her husband's house for forty days after his death, within which time her dower shall be assigned to her. IF THAT HOUSE IS A CASTLE AND SHE LEAVES THE CASTLE, TH

ithout a husband, provided, however, that she gives security that she will not marry without

IES SHALL BE CHA

's sureties be distrained as long as the debtor is able to pay the debt. If the debtor fails to pay, not having the means to pay, OR WILL NOT PAY ALTHOUGH ABLE TO PAY, then the sureties shall answer the debt. An

been paid, the heir shall pay no interest on the debt as long as he remains under age, of whomsoever

nder age, they shall have necessaries provided for them in keeping with the estate of the deceased, and the debt shall be paid out of th

LONDON AND OTHER CITIE

h by land and water. Moreover, we will and grant that all other cities, b

m our person, make our eldest son a knight, and once to marry our eldest daughter, and for these o

by our letters; we will also have our sheriffs and bailiffs summon generally all those who hold lands directly of us, to meet on a fixed day, but with at least forty days' notice, and at a fixed place. In all such letters of su

en, except to ransom his person, make his eldest son a knight, and once to marry his

TRAIN FOR MORE SER

more service for a knight's fee nor

SHALL NOT FOLLOW

llow our Court traveling about the realm,

M ASSIZES SHALL BE TAKEN.

if we are not in the realm, our Chief Justiciary, shall send two justiciaries through each county four times a year [to clear and prevent backlog], and they, together

AND IN THIS MANNER: WE, OR IF WE ARE NOT IN THE REALM, OUR CHIEF JUSTICIARY, SHALL SEND JUSTICIARIES THROUGH E

and freeholders as were present on that day shall remain as will be sufficient fo

NNOT BE DETERMINED, SHALL BE ENDED BY THEM IN SOME OTHER PLACE IN THEIR CIRCUIT; AND THOSE THINGS WHICH FOR DIFFICULTY

ES OF DARREI

LWAYS BE TAKEN BEFORE OUR JUSTICES OF

LL SORTS SHALL BE

cording to its magnitude, saving his position and livelihood; and in like manner a merchant, saving his trade and merchandise, and a villein savin

by their peers, and only in accordanc

t, except in the manner of the other persons aforesaid, and

WITH THE SERIOUSNESS OF THE OFFENSE AND AFTER HIS LAY TEN

OF BRIDGES

uild bridges over rivers OR BANKS except t

FENDING

HUNTING], FROM HENCEFORTH, BUT SUCH AS WERE IN DEFENSE IN THE TIME OF KING HENR

ING PLEAS O

ffs shall hold pleas of our Crown [but only justiciars

things (except our demesne manors) shall re

EBTOR DYING, THE KIN

ttach and list the goods and chattels of the deceased found in the lay fee to the value of that debt, by the sight and testimony of lawful men [to prevent taking too much], so that nothing thereof shall be removed therefrom until our whole debt is pa

by his nearest kinfolk and friends, under supervision of the Chu

EYANCE FOR

ss the seller voluntarily consents to postponement of payment. THIS APPLIES IF THE MAN IS NOT OF THE TOWN WHERE THE

G OF CAST

to perform it in person or, if reasonable cause prevents him from performing it himself, by some other fit man. Further, if we

OF HORSES, CA

the owner's consent. HE SHALL PAY THE OLD PRICE, THAT IS, FOR CARRIAGE WITH TWO HORSES, 10d. A DAY; FOR THREE

r man's wood for our castles or for other of

LONS' LANDS SHALL

nly a year and a day [to remove the chattels and movables],

PLACE WEIRS SH

ntirely removed by the Thames and Medway rivers,

A PRAECIPE IN CAPI

e Crown] shall not in the future be granted to anyone respecting any freehold i

E BUT ONE MEASURE T

f grain, to wit, the London quarter, and one breadth of dyed cloth, russets, and haberjets, to

SITION OF LI

or a writ of inquisition upon life or limb,

SOCAGE AND OF ANOTHER BY KNIGH

heir, or the land which belongs to another man's fee. Nor will we have the custody of such fee farm, socage, or burgage unless such fee farm owe knight's service. We will not have the wards

LAW SHALL NOT BE

ported accusation put any man to trial or oath without pr

ED WITHOUT TRIAL. JUSTICE SH

EE CUSTOMS, OR BE outlawed, banished, or in any way ruined, nor will we prosecute o

ribery], to none will we den

RS COMING INTO THIS RE

and just customs, except, in time of war, such merchants as are of a country at war with us. If any such be found in our realm at the outbreak of war, they shall be detained, without harm to their bo

realm and return safely and securely by land and water, except for

ONY COMING INTO THE KI

give any relief or do any service to us other than he would owe to the baron, if such barony had been in the baron's hands. And we will hold the escheat in the same manner in which the

re our justiciaries of the forest in answer to a general summons unless they are imp

BE ALIENED TO THE PREJUD

LAND, BUT SO THAT OF THE RESIDUE OF THE LANDS THE LORD OF TH

, sheriffs, or bailiffs only such men as kno

EYS SHALL HAVE THE CUST

charters of English Kings or old tenure, shall have

with be disafforested. {So shall it be done with regard to

hall be immediately investigated in each county by twelve sworn knights of such county, who are chosen by honest men of that county, and shall within forty days after this i

ers delivered to us by Englishmen as security for

ld no office in England: Engelard de Cigogne, Peter, Guy, and Andrew de Chanceaux, Guy de Cigogne, Geoffrey d

all foreign knights, crossbowmen, sergeants, and mercenaries,

lause for securing the peace. With regard to all those things, however, of which any man was disseised or deprived, without the legal judgment of his peers, by King Henry [II] our Father or our Brother King Richard, and which remain in our hands or are held by others under our warranty, we shall ha

cerning custodies of lands which are of the fee of another, which we hitherto have held by reason of the fee which some person has held of us by knight's service, and to abbeys founded on fees other t

CASE A WOMAN SHALL HA

for the death of any person other than her husband [since n

OURT, SHERIFF'S TURN AND A LEET COURT (COURT

HT OF ASSEMBLING THE WHOLE MALE POPULATION OVER 12 YEARS EXCEPT CLERGY, EARLS, BARONS, KNIGHTS, AND THE INFIRM, AT THE LEET OR SOKE COURT FOR THE CAPITAL FRANKPLEDGES TO GIVE ACCOUNT OF THE PEACE KEPT BY INDIVIDUALS IN THEIR RESPECTIVE TITHINGS] SHALL BE LIKEWISE AT THE FEAST OF SAINT MICHAEL WITHOUT OCCASION, SO THAT EVERY MAN MAY HAVE HIS LIBERTIES WHICH HE HAD, OR USED TO HAVE,

D SHALL BE GIV

HE FEUDAL RIGHTS OF THE TEMPORAL LORD]. NOR SHALL IT BE LAWFUL TO ANY HOUSE OF RELIGION TO TAKE THE LANDS OF ANY, AND TO LEASE THE SAME TO HIM OF WHOM HE RECEIVED IT. IF

the majority of them, together with the aforesaid Stephen, Archbishop of Canterbury, if he himself can be present, and any others whom he may wish to bring with him for the purpose; if he cannot be present, the business shall nevertheless proceed without him.

be restored to them, and if a disagreement arises thereon, the question shall be determined in the Marches by judgment of their peers according to the law of England

nds or others hold under our warranty, we shall have respite during the term commonly allowed to the Crusaders, except as to those matters whereon a suit had arisen or an inquisition had been taken by our comm

all the Welsh hostages, and the charters which

do the same as we would with regard to our other barons of England, unless it appears by the charters which we hold of William hi

HIS CHARTER, AND THE CHARTER OF

, ABBOTS, PRIORS, TEMPLERS, HOSPITALLERS, EARLS, BARONS, AND ALL PERSONS AS WELL SPIRITUAL AS TEMPORAL; ALL THEIR FREE LIBERTIES AND FREE CUSTOMS, WHICH THEY HAVE HAD IN T

r as it pertains to us towards our people throughout our realm, let all our subjects

RTIES OF OUR FOREST, THE ARCHBISHOPS, BISHOPS, ABBOTS, PRIORS, EARLS, BARONS, KNIGHTS, FREEHOLDERS, AND OUR OTHER SUBJECTS, HAVE GIVEN UNTO US THE FIFTEENTH PART OF ALL THEIR MOVABLES. AND WE HAVE GRANTED UNTO THEM ON THE OTHER PART, THAT NE

ORCE

he time the case was brought before us or, in the event of our having been out of the realm, our Chief Justiciary, the aforesaid four barons shall refer the matter to the rest of the twenty-five barons, who, together with the commonalty of the whole country, shall distrain and distress us to the utmost of their power, to wit, by capture of our castles, lands, and possessions and by all other possible means, until compensation is made according to their decision, saving our person and that of our Queen and children; as soon as redress has been had, they shall return to their former allegiance. Anyone in the realm may take oath that, for the accomplishment of all the aforesaid matters, he will obey the orders of the said twenty-five barons and distress us to the utmost of his power; and we give public and free leave to everyone wishing to take oath to do so, and to none will we deny the same. Moreover, all such of our subjects who do not of their own free will and accord agree to swear to the said twenty-five barons, to distrain and distress us together with them, we wi

NES

nd, as far as it pertains to us, wholly pardoned to and with all, clergy and laymen, all offenses made in consequence of the said disputes from Easter in the sixteenth year of our reign until the restoration of peace. Ov

d wholly, to them and their heirs, of us and our heirs, in all things and places forever, as is aforesaid. It is moreover sworn, as will on our part as on the part of the barons, that all these matters aforesaid shall be kept in

ABBOT OF ABINDON, THE ABBOT OF MALMBURY, THE ABBOT OF WINCHCOMB, THE ABBOT OF HYDE, THE ABBOT OF CERTESEY, THE ABBOT OF SHERBURN, THE ABBOT OF CERNE, THE ABBOT OF ABBOREBIR, THE ABBOT OF MIDDLETON, THE ABBOT OF SELEBY, THE ABBOT OF CIRENCESTER, H. DE BURGH JUSTICE, H. EARL OF CHESTER AND LINCOLN, W. EARL OF SALISBURY, W. EARL OF WARREN, G. DE CLARE EARL OF GLOUCESTER AND HEREFORD, W. DE FERRARS EARL OF DERBY, W. DE MANDEVILLE EARL OF ESSEX, H. DE BYGOD EARL OF NO

ENEW THE SAME; WILLING AND GRANTING FOR US AND OUR HEIRS, THAT THIS CHARTER, AND ALL SINGULAR HIS ARTICLES, FOREVER SHALL BE STEADFASTLY, FIRMLY, AND INVIOLABLY OBSERVED; AND

enacted after the

own wood, or in his land, or in his water, which he has within our Forest, mills, springs,

return the dower, but pay damages in the amount of the value of the do

ir ground as well of their dowers a

ingress and egress from their tenements to the common pas

se of borrowing or the promise of after-pa

out disparagement, then the Lord shall hold his land beyond the term of his age, that, of twenty one years, so long that he may receive double the value of the marriage as estimated by lawful men, or after as it has been offered before without fraud or collusion, and after as it may be proved in the King's Court. Any Lord who marries off a ward of his who is a minor and cannot

t be compelled thereunto; but when he comes of age, he shall pay to his Lord the v

or until his lawful age; so nevertheless, that the payment of the principal deb

easonably determined by the debtor's neighbors and not by strangers.

ch wards and escheats as they think most profitable for the King. The Sheriffs shall be answerable for the issues thereof in the Exchequer at designated times. Th

leap year shall be accounted in that year", "but it shall be taken and reckoned in the s

d and without any clipping, shall weigh 32

to twelve inches to a foot, three feet to

ns, ropes, glass, iron, lead, canvas, linen cloth, tallow, spices, confections cheese, herrings, sugar, pepper, cinnamon, nutmeg, wheat, barley, oa

spoiled or unwholesome wine, meat, fish by brewers, butchers, or cooks; or a steward or bailiff receiving a bribe was reduced to

victed for taking our venison, he shall make a grievous fine, if he has anything. And if he has nothing to lose, he shall be imprisoned for a

st. He may also drive his pigs through the King's forest and tarry one night within the forest without losin

g's command to come to him, to kill one or two deer as long as it was in view of the fo

il war, the following

such revenge or distress by his own authority, without award of our court, although he is damaged or injured, whe

to defraud a Lord of a wardship shall be void. A Lord who malicious

e or removes anything from the land, he shall pay damages. (The king retained the right to take possession of an

e, sale, nor destruction of the inheritance and shall answer to the heir when he comes

one may drive animals taken by distraint o

, nor exile of house, woods, and men, nor of any thing

to church rules, a man could bequeath his personal property subject to certain family rights. These were that if only the wife survived, she received half the property. Similarly, if children survived, but no wife, they received half the property. When the wife and children survived, each party

s and describing court practice and procedure. It was influenced by his knowledge of Roman legal concepts, such as res judicata, and by his own opinions, such as that the law should go from precedent to precedent. He also argued that the will a

o wishes) it shall be returned to him in its entirety when he reaches full age. Also let the donor hold in his own name and not another's, otherwise his gift may be revoked. And let him, at the least, be of sound mind and good memory, though an invalid, ill and on his death bed, for a gift make under such conditions will be good if all the other [requirements] of a valid gift are met. For no one, provided he is of good memory, ought to be kept from the administrat

dom and the child of a mixed marriage was free unle

al Pro

ses and pleas of the Crown. Any use of force, however trivial, was interpreted as breach of the royal peace and could be brought before the king's bench. Its records were the coram rege rolls. The title of the Chief Justiciar of England changed to the Chief Justice of England. The Court of Common Pleas heard civil cases brought by one subject against another. Pursuant t

and chief presiding officer over the curia regis ended. In 1268, a chief justiciar was appointed the hold pleas before the king. Henceforth, a justiciar was a royal officer who dealt only with judicial work

ent no longer rested upon feudal tenure, but upon a writ of

re witnesses), rape, wounding, mayhem, consorting, larceny, robbery, burglary, arson, poaching, unjust imprisonment, selling cloth by nonstandard widths, selling

an heir who has become of full age from his guardian. For instance: " ...Command Tertius that ... he render to Claimant, who is of full age, as it is said, ten acres ...which he claims to be his right and inheritance and into which the said Tertius has no entry save by Secundus, to whom

cted of breaking the royal law. Every crime, every invasion of royal rights, and every neglect of police duties was to be presented and tried. Suspects were held in gaol until their cases could be heard and gaol breaks were common. Punishment after trial was prison for s

hether they were accidental or not. If not, royal justices held

s in causes involving usually no more than 40s. There were pleas of trespass and debt, unjust seizure and detention of beasts, rent collection, claims of fugitive villeins and their goods, nuisances, and encroach

the greater magnates had to attend or be fined for absence. The sheriff annually viewed frankpledge, in which every layman without land that could be forfeited for felony, including villeins, were checked for being in a tithing, a group of neighbors responsible for each other's good conduct.

ng to felony, wounding and maiming of beasts, collection of debts, trespass, detinue [detention of personal property which originally was rightfully acquired] and covenant, which now requires a sea

bond slave]. Under the name of "actio furti" [appeal of larceny] is the old process by which a thief can be pursued and goods vindicated. As before and for centuries later, deodands were forfeited to the king to appease God's wrath. These chattel which caused the death of a person wer

ith short su

t in the water of Bickney. Judgment: misadventure.

certain trunk. The price of the trunk is 4d., f

was in the tithing of Reynold Horloc in Clandon of the abbot of Chertsey (West Clandon), so it i

the whole and puts himself on the country for good or ill. The twe

iam Vintner sold wine contrary to

longed; issues of nuisance such as making or destroying a bank, ditch, or hedge; diverting a watercourse or damming it to make a pool; obstructing a road, and issues of what grazing rights were

a term of years, the court restored possession to the lessee. If a lord did not perform the services due to

se parents married, so they inherited personal property and money of their parents. Proof was by compurgation. Church law required excommunication to be in writing with the reasons therefore, and a copy given to the excommunicant. A church judge was required to employ a notary or two men to write down all acts

le, although it is extremely rar

rform their services to the manor and the lord wrote down

man for fair pleading in the Circuit of J

above the rank of knight were exempted from attendance on the sheriff's turn, unless specifically summoned. Prelates and barons were generally excepted from the county courts by the charters of their estates. Charters of boroughs often excepted their representatives at the county court when there were no justices. Some bar

and physical force to chattels, e.g. assaulting and beating the plaintiff, breaking into his close, or carrying off his goods. One found guilty is fined and imprisoned. As in criminal matters, if a defendant does not appear at court, his

w, that is similar to a situation for which there is a writ, then a new writ may be made for th

manors of the abbey o

men is granted her in consideration of the said fine, and if she recovers seisin she will give in all 5s. And twelve jurors are elected, to wit, John of Hulle, William Maureward, Robert Hale Walter But, Walter Sigar, William Brihtwin, Ric

iam Andrews holds, or the said Ragenilda. Pledges for the fine, John Brook and Richard of Pinner. And the said Ragenilda comes and says that she has no power to bring that land into judgment beca

lliam Slipper, John Bisuthe, Gilbert Bisuthe, Hugh Tree, William John's son, John Hulle, who undertake that the said Walter shall do to the lord all the servic

if he recovers will give 20s. And the said jurors come and say upon their oath that the said Geoffrey has no right in the said lan

And they have made accord by leave [of the court] to the effect that the said William and Goda give to the said Juliana a barn and the curtilage nearest the Green and

shonor 20s., and [of this] he produces suit. And Gilbert and William come and defend all of it fully. Therefore let each of them go to his law six-handed. Afterwards they make accord to this effect that in case the said Hugh shall hereafter in any manner offend against [Gilbert and William] and th

William Idle (fined 6d.), maud c

rcy for carrying of

ivers trespasses. Pledges, Gilbert Prie

w caught in the lord's pasture w

s beasts caught by night in

ld. This action is respited to the next court [when the jurors are to come] without further delay. Afterwards the jurors

ith his law as he was bound to do. Pledges,

h a knife and grievously wounded her. Therefore let him be committed

ss and in felony threw stones at his door so that the said Peter raised the hue. Th

ir Thomas the Chaplain and forcibly expelled thence a man and woman who had been taken in there as guests. Therefore they are in merc

accused him of the crime of larceny and used opprobrious and contumelious words of hi

ving sold to Richard Bodenham la

nd] of the lord was ill ploughed whereby the lord is damaged to the amount of 9s.... And Walter Reaper is in mercy for c

he [the son] unlawfully carried off grain

12d. for a tresp

6d. for a tres

es 6d. for timb

loughing his own land with the

n 12d. for tres

Penant 12d.

of Little Ogbourn

. for a false complaint

2d. for fighting wit

ph Shepherd 6d. for a

and which Hugh Frith holds in wardship with Cristiana daughter of Simon White, or the said Cristiana. Pledges for the fine, Richard Dene, William Hulle, John of Senholt, Hugh Smi

ss against the assize of beer and because the lord's grain has

ves to arbitrators, who adjudge that the said Robert shall pay 3s. to the said Roger and 6s.

ten one of the lord's men. Pledge

ine of the towns

iam of Bledlow, that he will not eloign himself from the lord