|
cil did a great deal
of justice, for the more part criminal justice. It was supported
by the populace because it dealt promptly and summarily with
rebellion or some scandalous acquittal of a notorious criminal by
bribed or partial jurors, and thereby prevented anarchy. Its
procedure was to send for the accused and compel him to answer
upon oath written interrogatories. Affidavits were then sworn upon
both sides. With written depositions before them, the Lords of the
council, without any jury, acquit or convict. Fines and
imprisonments were meted out to rioters, conspirators, bribers,
and perjured jurors. No loss of life or limb occurred because
there had been no jury.
In criminal cases, witnesses acquainted with particular facts were
added to the general assize of twelve men from each hundred and
four men from each town. The assize then bifurcated into the grand
jury of twelve to twenty-four men and the petty jury or jury of
verdict of twelve men, which replaced ordeal, compurgation, and
trial by combat as the method of finding the truth. The men of the
petty jury as well as those of the grand jury were expected to
know or to acquaint themselves with the facts of the cases. The
men of the petty jury tended to be the same men who were on the
grand jury.
Felony included such crimes as homicide, arson, rape, robbery,
burglary, and larceny. Murder still meant secret homicide.
Burglary was an offense committed in times of peace and consisted
of breaking into churches, houses, and into the walls and gates of
villages and boroughs. These six offenses could be prosecuted by
indictment or private accusation by an individual. The penalties
involved loss of life or limb or outlawry; a felon's goods were
confiscated by the crown and his land was forfeited to the crown
for a year and a day, after which it escheated to the felon's
lord. The peace of the king now did not die with the king, but
renewed automatically without an interval before the inauguration
of a new king.
Notorious felons who would not consent or put themselves on
inquests for felonies with which they were charged at royal courts
were put in strong and hard imprisonment to persuade them to
accept trial by assize. This inducement progressed into being
loaded with heavy chains and placed on the ground in the worst
part of the prison and being fed a only little water one day and a
little bread the next. Sometimes pieces of iron or stones were
placed one anothe
|