Between the proprietary action and the possessory assizes there is

growing use in the king's courts of writs of entry, by which a

tenant may be ordered to give up land, e.g. by a recent flaw in a

tenant's title, for a term which has expired, by a widow for her

late husband's land, or by 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 Primus

demised [gaged] them, who had only the wardship thereof while the

aforesaid Claimant was under age, as he says...". But most

litigation about land is still through the writ of right for

proprietary issues and the assizes of novel disseisin and mort

d'ancestor for possessory issues.

Royal itinerant justices traveled to the counties every seven

years. There, they gave interrogatories to local assizes of twelve

men to determine what had happened there since the last eyre. All

boroughs had to send twelve burgesses who were to indict any

burgesses suspected 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 serious crimes, expulsion from the realm for

less serious crimes, and pledges for good behavior for lesser

crimes. The visitation of these justices was anticipated with

trepidation. In 1237, the residents of Cornwall hid in the woods

rather than face the itinerant justices.

Royal coroners held inquests on all sudden deaths to determine

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

trial. They also had duties in treasure trove and shipwreck cases.

Justices of assize, justices of the peace, and itinerant justices

operated at the county level. The traditional county courts had

lost much jurisdiction to the royal courts and were now limited to

personal actions 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 encroachments. The sheriff still

constitutes and conducts the court. The county court met every

three or four weeks, usually in the sheriff's castle located in

the chief borough of the county, but some met in the open air.

Twice a year the sheriff visited each hundred in the county to

hold a turn [court for small offenses, such as encroachment of

public land, brewing and baking contrary to government

regulations, and use of dishonest weights and measures.]. Everyone

who held freehold land in the hundred except 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. This applied to every boy who had reached the age of

twelve. He had to swear on the Bible "I will be a lawful man and

bear loyalty to our lord the King and his heirs, and I will be

justicable to my chief tithing man, so help me God and the

saints." Each tithing man paid a penny to the sheriff.

The hundred court decided cases of theft, viewing of boundaries of

land, claims for tenurial services, claims for homage, relief, and

for wardship; enfeoffments made, battery and brawls not amounting

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 sealed

writing; defamation, and enquiries and presentments arising from

the assizes of bread and ale and measures. A paid bailiff had

responsibility for the hundred court, which met every three weeks.

Still in existence is the old self-help law of hamsocne, the thief

hand-habbende, the thief back-berend, the old summary procedure

where the thief is caught in the act, AEthelstan's laws, Edward

the Confessor's laws, and Kent's childwyte [fine for begetting a

bastard on a lord's female 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 were usually

carts, cart teams, horses, boats, or mill-wheels. Then they were

forfeited to the community, which paid the king their worth.

Sometimes the justices named the charitable purpose for which the

deodand was to be spent, such as the price of a boat to go to the

repair of a bridge.

Five cases with short summaries are:

CASE: "John Croc was drowned from his horse and cart in the water

of Bickney. Judgment: misadventur. The price of the horse

and cart is 4s.6d. 4s.6d. deodand."

CASE: "Willam Ruffus was crushed to death by a certain trunk. The

price of the trunk is 4d., for which the sheriff is to answer.

4d. deodand."

CASE: "William le Hauck killed Edric le Poter and fled, so he is

to be exacted and outlawed. He was in the tithing of Reynold

Horloc in Clandon of the abbot of Chertsey (West Clandon),

so it is in mercy. His chattels were 4 s., for which the

bailiff of the abbot of Chertsey is to answer."

CASE: "Richard de Bregsells, accused of larceny, comes and denies

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

The twelve jurors and four vills say that he is not guilty,

so he is quit."

CASE: William le Wimpler and William Vintner sold wine contrary

to the statute, so they are in mercy.

Other cases dealt with issues of entry, e.g. whether land was

conveyed or just rented; issues of whether a man was free, for

which his lineage was examined; issues of to which lord a villein

belonged; 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

conveyed in pasture land, waste, woods, or arable fields between

harvest and sowing. Grazing right disputes usually arose from the

ambiguous language in the grant of land "with appurtenances".

Courts awarded specific relief as well as money damages. If a

landlord broke his covenant to lease land for a term of years, the

court restored possession to the lessee. If a lord did not perform

the services due to his superior lord, the court ordered him to

perform the services. The courts also ordered repair by a lessee.

Debts of country knights and freeholders were heard in the local

courts; debts of merchants and burgesses were heard in the courts

of the fairs and boroughs; debts due under wills and testaments

were heard in the ecclesiastical courts. The ecclesiastical courts

deemed marriage to legitimize bastard children whose 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 of the judge and

to give a copy to the parties to protect against unjust judges. No

cleric was allowed to pronounce or execute a sentence of death or

to take part in judicial tests or ordeals. Anyone knowingly

accepting a stolen article was required to restore it to its

owner. Heretics were to be excommunicated.

Trial by combat is still available, although it is extremely rare

for it to actually take place.

The manor court imposed penalties on those who did not perform

their services to the manor and the lord wrote down the customs of

the manor for future use in other courts.

By statute, no fines could be taken of any man for fair pleading

in the Circuit of Justiciars, county, hundred, or manor courts.

Various statutes relaxed the requirements for attendance at court

of those who were not involved in a case as long as there were

enough to make the inquests fully. And "every freeman who owes

suit to the county, tything, hundred, and wapentake, or to the

Court of his Lord, may freely make his attorney attend for him."

All 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 barons and knights paid the sheriff to be excused. The king

often relieved the simple knights by special license. There was

frequently a problem of not having enough knights to hold the

assizes. Henry III excused the attendance at hundred courts of all

but those who were bound to special service, or who were concerned

in suits.

Trespass has become a writ of course in the common law. It still

involves violence, but its element of breach of the peace extends

to those breaches which do not amount to felony. It can include

assault and battery, physical force to land, 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 body can be seized and imprisoned, and if he

cannot be found, he may be outlawed. Trespass to goods results in

damages, rather than the return of the goods, for goods carried

off from the plaintiff's possession and can be brought by bailees.

In Chancery, the court of the Chancellor, if there is a case with

no remedy specified in the law, that is similar to a situation for

which there is a writ, then a new writ may be made for that case.

(By this will later be expanded the action of trespass called

"trespass on the case".)

Various cases from the manors of the abbey of Bec in 1248-1249

are:

1. Ragenilda of Bec gives 2s. for having married without

licence. Pledge, William of Pinner. The same Ragenilda

demands against Roger Loft and Juliana his wife a certain

messuage which belonged to Robert le Beck, and a jury of

twelve lawful 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, Richard Horseman, Richard Leofred, William

John's son, Hugh Cross, Richard Pontfret and Robert Croyser,

John Bisuthe and Gilbert Bisuthe who are sworn. And they say

that the said Ragenilda has the greater right. Therefore let

her have seisin.

Ruislip [Middlesex]. Saturday after the Purification of the

Blessed Virgin.

2. Richard Guest gives 12d. and if he recovers will give 2s.

to have a jury of twelve lawful men as to whether he has the

greater right in a certain headland at Eastcot which

Ragenilda widow of William 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 because she has no

right in it save by reason of the wardship of the son and

heir of her husband, who is under age. And Richard is not

able to deny this. Therefore let him await [the heir's] full

age.

3. Walter Hulle gives 13s.4d. for licence to dwell on the

land of the Prior of Harmondsworth so long as he shall live

and as a condition finds pledges, to wit, William 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 services and customs which he would do

if he dwelt on the lord's land and that his heriot shall be

secured to the lord in case he dies there [i.e. at

Harmondsworth].

4. Geoffrey Sweyn demands the moiety of one virgate of land

which John Crisp and Alina Hele hold, and he gives 2s. to

have a jury, and 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 land. Therefore let the said

tenants go thence without day and let the said Geoffrey pay

2s. Pledges, Hugh Bussel and Godfrey Francis.

5. Juliana Saer's daughter demands as her right the moiety

of one messuage with a croft, which messuage William Snell

and Goda his wife, sister of the said Juliana hold. 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 two selions [a ridge

of land between two furrows] in the western part of the said

croft [a small enclosed field]. And the said William put

himself in mercy. Fine, 12d.

6. Hugh of Stanbridge complains of Gilbert Vicar's son and

William of Stanbridge that the wife of the said Gilbert who

is of [Gilbert's] mainpast and the said William unjustly

etc. beat and unlawfully struck him and dragged him by his

hair out of his own proper house, to his damage 40s. and to

his dishonour 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 thereof shall be convicted he will

give the lord 6s.8d. by way of penalty and will make amends

to [Gilbert and William] according to the judgment of six

lawful men, and the others on their part will do the like by

him. And Hugh put himself in mercy. Fine, 3s. Pledges, John

Tailor and Walter Brother.

7. Breakers of the assize [of beer:] William Idle (fined

6d.), maud carter's widow (6d.), Walter Carter.

8. John Witriche in mercy for carrying off thorns. Fine, 6d.

9. Robert Dochi in mercy (fine, 2d.) for divers trespasses.

Pledges, Gilbert Priest's son, Ralph Winbold and Walter

Green.

10. Ailwin Crisp in mercy for his cow caught in the lord's

pasture when ward had been made. Fine, 12d.

11. John Bernard in mercy for his beasts caught by night in

the lord's meadow. Fine, 2s.

12. Richard Love gives 12d. to have a jury of twelve

touching a rod of land which Robert of Brockhole and Juliana

his wife hold. This action is respited to the next court

[when the jurors are to come] without further delay.

Afterwards the jurors come and say upon their oath that the

said Richard has the greater right in the said land.

Therefore let him have seisin.

13. William Blackbeard in mercy for not coming with his law

as he was bound to do. Pledges, Geoffrey of Wick and

Geoffrey Payn. Fine, 6d.

14. It was presented that Stephen Shepherd by night struck

his sister with a knife and grievously wounded her.

Therefore let him be committed to prison. Afterwards he made

fine with 2s. Pledge, Geoffrey of wick.

15. It was presented that Robert Carter's son by night

invaded the house of Peter Burgess and in felony threw

stones at his door so that the said Peter raised the hue.

Therefore let the said Robert be committed to prison.

Afterwards he made fine with 2s.

16. Nicholas Drye, Henry le Notte (fine, 12d.) and Thomas

Hogue (fine, 12d.) were convicted for that they by night

invaded the house of Sir Thomas the Chaplain and forcibly

expelled thence a man and woman who had been taken in there

as guests. Therefore they are in mercy. Pledges of the said

Thomas, richard of Lortemere and Jordan of Paris. Pledges of

the said Henry, Richard Pen... and Richard Butry.

17. Adam Moses gives half a sextary of wine to have an

inquest as to whether Henry Ayulf accused him of the crime

of larceny and used opprobrious and contumelious words of

him. Afterwards they made accord and Henry finds security

for an amercement. Fine, 12d.

18. Isabella Sywards in mercy for having sold to Richard

Bodenham land that she could not warrant him.

19. All the ploughmen of great Ogbourne are convicted by the

oath of twelve men...because by reason of their default [the

land] of the lord was ill ploughed whereby the lord is

damaged to the amount of 9s.... And Walter Reaper is in

mercy for concealing [i.e. not giving information as to] the

said bad ploughing. Afterwards he made fine with the lord

with 1 mark.

20. From Ralph Joce 6s.8d. for his son, because he [the son]

unlawfully carried off grain from the lord's court. Pledge,

Geoffrey Joce.

21. From Henry Pink 12d. for a trespass by waylaying.

22. From Eve Corner 6d. for a trespass of her pigs.

23. From Ralph Scales 6d. for timber carried off.

24. From William Cooper 12d. for ploughing his own land with

the lord's plough without licence.

25. From Hugh Newman 12d. for trespass in the wood.

26. From Richard Penant 12d. for the same.

27. From Helen widow of Little Ogbourne 6d. for the same.

28. From Nicholas Siward 6d. for a false complaint against

William Pafey.

29. From William Pafey 12d. for fighting with the said

Nicholas.

30. From the widow of Ralph Shepherd 6d. for a trespass in

Pencombe.

31. Richard Blund gives a half-mark and if he recovers will

give two marks and a half to have a jury of the whole court,

to inquire whether he has the greater right in a virgate of

land 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

Smith, and William Ketelburn. And the whole court say upon

their oath that the said Richard has greater right in the

said land than anyone else. Therefore let him recover his

seisin.

32 ....Miller gives 2d. [the Latin translates as 4s.] for a

trespass against the assize of beer and because the lord's

grain has been ill kept at the mill. Pledges, John Orped and

Joce Serjeant.

33. Noah gives 2s. in the same way for an inquest as to one

acre. Afterwards they submit themselves to arbitrators, who

adjudge that the said Robert shall pay 3s. to the said Roger

and 6s. to the said Gilbert and 7s. to the said Noah, and

that he will do so [Robert] finds pledges.

34. Ralph Bar in mercy for having beaten one of the lord's

men. Pledges, Herbert Rede and Ralph Brunild.

35. For the common fine of the township, a half-mark.

36. John Boneffiant found pledges, to wit, William Smith and

William of Bledlow, that he will not eloign himself from the

lord's land and that he will be prompt to obey the lord's

summons.

- - - Chapter 8 - - -

- The Times: 1272-1348 -

King Edward I was respected by the people for his good government,

practical wisdom, and genuine concern for justice for everyone. He

loved his people and wanted them to love him. He came to the

throne with twenty years experience governing lesser lands on the

continent which were given to him by his father Henry III. He

spoke Latin, English, and French. He gained a reputation as a

lawgiver and as a peacemaker in disputes on the continent. His

reputation was so high and agreement on him as the next king so

strong that England was peaceful in the almost two years that it

took him to arrive there from continental business. He was

truthful, law-abiding, and kept his word. He had close and solid

family relationships, especially with his father and with his wife

Eleanor, to whom he was faithful. He was loyal to his close circle

of good friends. He valued honor and adhered reasonably well to

the terms of the treaties he made. He was generous in carrying out

the royal custom of subsidizing the feeding of paupers. He visited

the sick. He was frugal and dressed in plain, ordinary clothes

rather than extravagant or ostentatious ones. He disliked ceremony

and display.

At his accession, there was a firm foundation of a national law

administered by a centralized judicial system, a centralized

executive, and an organized system of local government in close

touch with both the judicial and the executive system. To gain

knowledge of his nation, he sent royal commissioners into every

county to ask about any encroachments on the King's rights and

about misdeeds by any of the King's officials: sheriffs, bailiffs,

or coroners. The results were compiled as the "Hundred Rolls".

They were the basis of reforms which improved justice at the local

as well as the national level. They also rationalized the array of

jurisdictions that had grown up with feudal government. Statutes

were passed by a parliament of two houses, that of peers (lords)

and that of an elected [rather than appointed] commons, and the

final form of the constitution was fixed.

Wardships of children and widows were sought because they were

very profitable. A guardian could get one tenth of the income of

the property during the wardship and a substantial marriage amount

when the ward married. Parents often made contracts to marry for

their young children. This avoided a forced marriage by a ward

should the parents die.

Most earldoms and many baronages came into the royal house by

escheat or marriage. The royal house employed many people. The

barons developed a class consciousness of aristocracy and became

leaders of society. Many men, no matter of whom they held land,

sought knighthood. The king granted knighthood by placing his

sword on the head of able-bodied and moral candidates who swore an

oath of loyalty to the king and to defend "all ladies,

gentlewomen, widows and orphans" and to "shun no adventure of your

person in any war wherein you should happen to be". A code of

knightly chivalry became recognized, such as telling the truth and

setting wrongs right. About half of the knights were literate. In

1278, the king issued a writ ordering all free-holders who held

land of the value of at least 400s. to receive knighthood at the

King's hands.

At the royal house and other great houses gentlemanly jousting

competitions, with well-refined and specific rules, took the place

of violent tournaments with general rules. Edward forbade

tournaments at which there was danger of a "melee". At these

knights competed for the affection of ladies by jousting with each

other while the ladies watched. Courtly romances were common. If a

man convinced a lady to marry him, the marriage ceremony took

place in church, with feasting and dancing afterwards. Romantic

stories were at the height of their popularity. A usual theme was

the lonely quest of a knight engaged in adventures which would

impress his lady.

Riddles include: 1. I will make you a cross, and a thing will not

touch you, and you will not be able to leave the house without

breaking that cross. Answer: Stand before a post in your house,

with your arms extended. 2. What you do not know, and I do not

know, and no one can know after I have told you. Answer: I will

take a straw from the floor of the room, measure its inches, tell

you the length, and break the straw. 3. A pear tree bears all the

fruit a pear tree can bear and did not bear pears. Answer: It bore

only one pear.

The dress of the higher classes was very changeable and subject to

fashion as well as function. Ladies no longer braided their hair

in long tails, but rolled it up in a net under a veil, often

topped with an elaborate and fanciful headdress. They wore non-

functional long trains on their tunics and dainty shoes. Men wore

a long gown, sometimes clasped around the waist. Overtunics were

often lined or trimmed with native fur such as squirrel. People

often wore solid red, blue, or green clothes. Only monks and

friars wore brown. The introduction of buttons and buttonholes to

replace pins and laces made clothing warmer, and it could be made

tighter. After Edward I established the standard inch as three

continuous dried barleycorns, shoes came in standard sizes and

with a right one different from a left one. The spinning wheel

came into existence to replace the hand-held spindle. Now one hand

could be used to form the thread while the other hand turned a

large upright wheel that caused the thread to wind around the

spindle, which did not have to be held by hand. This resulted in

an uninterrupted spinning motion which was not interrupted by

alternately forming the thread and winding it on the spindle.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 19 / 66 段