FREE BOOKS

Author's List




PREV.   NEXT  
|<   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154  
155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   >>   >|  
Thames River may not be obstructed by damming up the river on each side leaving a narrow outlet to net fish. All such weirs shall be removed. - Judicial Procedure - Henry II wanted all freemen to be equally protected by one system of law and government. So he opened his court, the Royal Court, to all people of free tenure. A court of five justices professionally expert in the law, traveled with the King, and on points of difficulty consulted with him. Justices began to be more than presiding officers; they, instead of those attending, rendered the judgments. The chief court was in Westminster, where the weightiest decisions were made. Other professional itinerant justices appeared periodically in all counties of the nation to hear certain criminal and civil cases and to hear citizens' private civil suits [common pleas]. They came to perform many other tasks, including promulgating and enforcing new legislation, seeking out encroachments on royal rights, reviewing the local communities' and officials' performance of their public duties, imposing penalties for failure to do them or for corruption, gathering information about outlaws and nonperformance of homage, and assessing feudal escheats to the crown, wardships to which the king was entitled, royal advowsons, feudal aids owed to the King, tallages of the burgesses, and debts owed to the Jews. The decision-making of itinerant justices on circuits begins the process which makes the custom of the Royal Court the common law of the nation. The county courts, where the traveling justices heard all manner of business in the counties, adopted the doctrines of the Royal Court, which then acquired an appellate jurisdiction. The itinerant justices came from the same small group of royal justices who were on the Royal Court and the Exchequer, which was headed by the justiciar. Difficult cases were decided by the king and wise men of his council. Tenants of manors and of escheats in royal hands, who had been excused from the monthly county court, were required to appear. Side by side with the reeve and four men of the rural townships appeared the twelve legal men of each of the chartered boroughs which owed no suit to the ordinary county court. In the formation of the jury of presentment for criminal cases, each hundred sent twelve legal men and each township four to make report to the justices. Women did not serve on juries. Compurgation was
PREV.   NEXT  
|<   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154  
155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   >>   >|  



Top keywords:

justices

 
county
 
itinerant
 

nation

 
common
 
escheats
 
feudal
 

criminal

 

appeared

 

counties


twelve
 
process
 

formation

 
tallages
 
burgesses
 

decision

 
hundred
 

begins

 

township

 

circuits


making

 

report

 

presentment

 

advowsons

 

gathering

 

information

 

outlaws

 
corruption
 
Compurgation
 

nonperformance


homage

 

entitled

 
ordinary
 

wardships

 

assessing

 

juries

 

custom

 

Difficult

 

decided

 
townships

Exchequer

 

headed

 

justiciar

 

council

 
monthly
 

excused

 

required

 

Tenants

 

manors

 

failure