|
sness left him to have his entrails cut out for
committing his crimes during the holy week of Easter, and his head
cut off and his body divided into four parts for plotting against
the King's life. The head was placed on the Tower of London and
his body sections were placed in public view at various other
locations in England. This came to be known as "hanging, drawing,
and quartering". Prior to this the penalty had been imprisonment,
usually followed by ransom.
Trial by combat is now limited to certain claims of enfeoffment of
large land holding and is barred for land held in socage, burgage,
or by marriage. Assize is the usual manner of trial, but
compurgation remains in the borough court long after it becomes
obsolete in the royal courts. Defendants no longer request assizes
but are automatically put to them.
Numerous statutes protect the integrity of the courts and King's
offices by double and treble damages and imprisonment for offenses
such as bribery, false informers, conspiracy to falsely move or
maintain pleas, champerty [covenant between a litigant and another
for the other to have a part or profit in the award in return for
maintaining the suit], conflict of interest by court officers
taking part in a quarrel pending in court or working any fraud
whereby common right may be delayed or disturbed. There had been
many abuses, the most common of which was extortion by sheriffs,
who gaoled people without cause to make them pay to be released.
The 1275 prohibition of maintenance of a quarrel of a party in
court by a nonparty was extended in 1327 to all persons,
including the king's councilors and ministers, and great men, e.g.
by sending letters. In 1346, this prohibition specifically
included prelates, earls, barons taking in hand quarrels other
than their own, or maintaining them for gift, promise, amity,
favor, doubt, or fear, in disturbance of law and hindrance of
right. The reason given was that there had been persons
disinherited, delayed or disturbed in their rights, and not guilty
persons convicted or otherwise oppressed. All great men were
required to put out of their service all maintainers who had been
retained, and void their fees and robes, without giving them aid,
favor, or comfort. This law was not obeyed.
The king reserved to himself and his council in its judicial
capacity the correction of all breaches of the law which the lower
courts had failed to remedy, whether from weakness, partialit
|