A statute provided that: Lords holding castles, manors, lands and

tenements by knight's service of the king shall have a writ of right for

wardship of the body as well as of the land of any minor heir of a

deceased person who had the use [beneficial enjoyment of a trust] of the

land for himself and his heirs as if the land had been in the possession

of the deceased person. And if such an heir is of age, he shall pay

relief to the lord as if he had inherited possession of the land. An

heir in ward shall have an action of waste against his lord as if his

ancestor had died seised of the land. That is, lands of "those who use"

shall be liable for execution of his debt and to the chief lord for his

relief and heriot, and if he is a bondsman, they may be seized by the

lord. The king tried to retain the benefits of feudal incidents on land

by this Statute of Uses, but attorneys sought to circumvent it by

drafting elaborate and technical instruments to convey land free of

feudal burdens.

Any woman who has an estate in dower, or for a term of life, or in

[fee] tail, jointly with her husband, or only to herself, or to her use,

in any manors, lands, tenements, or other hereditaments of the

inheritance or purchase of her husband, or given to the said husband and

wife in tail, or for term of life, by any of the ancestors of the said

husband, or by any other person seised to the use of the said husband,

or of his ancestors, who, by herself or with any after taken husband;

discontinue, alienate, release, confirm with warranty or, by collusion,

allow any recovery of the same against them or any other seised to their

use, such action shall be void. Then, the person to whom the interest,

title, or inheritance would go after the death of such woman may enter

and possess such premises. This does not affect the common law that a

woman who is single or remarried may give, sell, or make discontinuance

of any lands for the term of her life only.

All deeds of gift of goods and chattels made of trust, to the use of

the giver [grantor and beneficiary of trust], to defraud creditors are

void.

It is a felony to carry off against her will, a woman with lands and

tenements or movable goods, or who is heir-apparent to an ancestor. This

includes taking, procuring, abetting, or knowingly receiving a woman

taken against her will.

A vagabond, idle, or suspected person shall be put in the stocks for

three days with only bread and water, and then be put out of the town.

If he returns, he shall spend six days in the stocks. (A few years later

this was changed to one and three days, respectively.) Every beggar who

is not able to work, shall return to the hundred where he last dwelled,

is best known, or was born and stay there.

No one may take pheasants or partridges by net snares or other devices

from his own warren [breeding ground], upon the freehold of any other

person, or else forfeit 200s., one half to the owner of the land and the

other half to the suer. No one may take eggs of any falcon, hawk, or

swan out of their nest, whether it is on his land or any other man's

land, on pain of imprisonment for one year and fine at the King's will,

one half to the King, and the other half to the holder of the land, or

owner of the swan. No man shall bear any English hawk, but shall have a

certificate for any imported hawk, on pain for forfeiture of such. No

one shall drive falcons or hawks from their customary breeding place to

another place to breed or slay any for hurting him, or else forfeit

200s. after examination by a Justice of the Peace, one half going to the

king and one half to the suer.

Any person without a forest of his own who has a net device with which

to catch deer shall pay 200s. for each month of possession. Anyone

stalking a deer with beasts anywhere not in his own forest shall forfeit

200s. Anyone taking any heron by device other than a hawk or long bow

shall forfeit 6s.8d. No one shall take a young heron from its nest or

pay 10s. for each such heron. Two justices may decide such an issue, and

one tenth of the fine shall go to them.

No man shall shoot a crossbow except in defense of his house, other

than a lord or one having 2,667s. of land because their use had resulted

in too many deer being killed. (The longbow was not forbidden.)

No beasts may be slaughtered or cut up by butchers within the walls of

a town, or pay 12d. for every ox and 8d. for every cow or other beast,

so that people will not be annoyed and distempered by foul air, which

may cause them sickness.

No tanner may be a currier [dressed, dyed, and finished tanned leather]

and no currier may be a tanner. No shoemaker [cordwainer] may be a

currier and no currier may be a shoemaker. No currier shall curry hides

which have not been tanned. No tanner shall sell other than red leather.

No tanner may sell a hide before it is dried. No tanner may tan

sheepskins.

No long bow shall be sold over the price of 3s.4d.

Good wood for making bows may be imported without paying customs.

No grained cloth of the finest making shall be sold for more than 16s.,

nor any other colored cloth for more than 11s. per yard, or else forfeit

40s. for every yard so sold. No hat shall be sold for more than 20d. and

no cap shall be sold for more than 2s.8d., or else forfeit 40s. for each

so sold.

Silver may not be sold or used for any use but goldsmithery or amending

of plate to make it good as sterling, so that there will be enough

silver with which to make coinage.

Each feather bed, bolster, or pillow for sale shall be stuffed with one

type of stuffing, that is, dry pulled feathers or with clean down alone,

and with no sealed feathers nor marsh grass, nor any other corrupt

stuffings. Each quilt, mattress, or cushion for sale shall be stuffed

with one type of stuffing, that is, clean wool, or clean flocks alone,

and with no horsehair, marsh grass, neatshair, deershair, or goatshair,

which is wrought in lime fats and gives off an abominable and contagious

odor when heated by a man's body, on pain of forfeiture of such.

Salmon shall be sold by standard volume butts and barrels. Large salmon

shall be sold without any small fish or broken-bellied salmon and the

small fish shall be packed by themselves only, or else forfeit 6s.8d.

Herring shall be sold at standard volumes. The herring shall be as good

in the middle and in every part of the package as at the ends of the

package, or else forfeit 3s.4d. Eels shall be sold at standard volumes,

and good eels shall not be mixed with lesser quality eels, or else

forfeit 10s. The fish shall be packed in the manner prescribed or else

forfeit 3s.4d. for each vessel.

Fustians shall always be shorn with the long shear, so that it can be

worn for at least two years. If an iron or anything else used to dress

such injures the cloth so that it wears out after four months, 20s.

shall be forfeited for each default, one half to the king and the other

half to the suer.

Pewter and brass ware for sale shall be of the quality of that of

London and marked by its maker, on pain of forfeiture of such, and may

be sold only at open fairs and markets or in the seller's home, or else

forfeit 200s. If such false ware is sold, its maker shall forfeit its

value, one half to the king and one half to the searchers. Anyone using

false weights of such wares shall forfeit 20s., one half to the king and

one half to the suer, or if he cannot pay this fine, to be put in the

stocks until market day and then be put in the pillory all the market

time.

No alien nor denizen [foreigner allowed to reside in the nation with

certain rights and privileges] may carry out of the nation any raw wool

or any woolen cloth which has not been barbed, rowed, and shorn.

Silk ribbons, laces, and girdles of silk may not be imported, since

they can be made in the nation.

No one shall import wine into the nation, but on English ships, or else

forfeit the wine, one half to the king and one half to the seizer of the

wine.

No one may take out of the nation any [male] horse or any mare worth

more than 6s.8s. or under the age of three years, upon pain of

forfeiture of such. However, a denizen may take a horse for his own use

and not to sell. This is to stop losing horses needed for defense of the

nation and to stop the price of a horse from going up.

Freemen of London may go to fairs and markets with wares to sell,

despite the London ordinance to the contrary.

Merchants residing in the nation but outside London shall have free

access to foreign markets without exaction taken of more than 133s.

sterling by the confederacy of London merchants, which have increased

their fee so much, 400s., that merchants not in the confederacy have

been driven to sell their goods in London for less than they would get

at a foreign market. Exacting more is punishable by a fine of 400s. and

damages to the grieved party of ten times the excess amount taken.

For the privilege of selling merchandise, a duty of scavage shall be

taken of merchant aliens, but not of denizens. Any town official who

allows disturbing of a person trying to sell his merchandise because he

has not paid scavage, shall pay a fine of 400s.

Coin clipped or diminished shall not be current in payment, but may be

converted at the King's mint into plate or bullion. Anyone refusing to

take coins with only normal wear may be imprisoned by the mayor,

sheriff, bailiff, constable or other chief officer. New coins, which

have a circle or inscription around the outer edge, will be deemed

clipped if this circle or inscription is interfered with.

The penalty for usury is placement in the pillory, imprisonment for

half a year, and a fine of 400s. (The penalty was later changed to one

half thereof.)

Lawbooks in use at the Inns of Court included "The Books of Magna Carta

with diverse Old Statutes", "Doctor and Student" by St. Germain, "Grand

Abridgment" by Fitzherbert, and "New Natura Brevium" by Lombard.

- Judicial Procedure -

This stastute made changes in the judicial process: The Chancellor,

Treasurer, keeper of the King's privy seal, or two of them, with a

bishop selected by them, and a temporal lord of the King's council

selected by them, and the two Chief Justices of the King's Bench shall

constitute the court of the Star Chamber. It shall have the authority to

call before it by writ or by privy seal anyone accused of "unlawful

maintenances, giving of liveries, signs and tokens, and retainers by

indentures, promises, oaths, writings, or otherwise embraceries of his

subjects" and witnesses, and impose punishment as if convicted under due

process of law. These laws shall now be enforced: If a town does not

punish the murderer of a man murdered in the town, the town shall be

punished. A town shall hold any man who wounds another in peril of

death, until there is perfect knowledge whether the man hurt should live

or die. Upon viewing a dead body, the coroner should inquire of the

killers, their abettors, and anyone present at the killing and certify

these names. In addition, the murderer and accessories indicted shall be

tried at the King's suit within a year of the murder, which trial will

not be delayed until a private suit is taken. If acquitted at the King's

suit, he shall go back to prison or let out with bail for the remainder

of the year, in which time the slain man's wife or next of kin may sue.

For every inquiry made upon viewing a slain body coroners shall be paid

13s.4d. out of the goods of the slayer or from a town not taking a

murderer, but letting him escape. If the coroner does not make inquiry

upon viewing a dead body, he shall be fined 100s. to the King. If a

party fails to appear for trial after a justice has taken bail from him,

a record of such shall be sent to the King.

Henry sat on the Star Chamber Up to 1600, it heard many cases of

forgery, perjury, riot, maintenance, fraud, libel, and conspiracy. It

could mete out any punishment, except death or any dismemberment. This

included life imprisonment, fines, pillory, whipping, branding, and

mutilation. Henry VII sat on it. If a Justice of the Peace does not act

on any person's complaint, that person may take that complaint to

another Justice of the Peace, and if there is no remedy then, he may

take his complaint to a Justice of Assize, and if there is not remedy

then, he may take his complaint to the King or the Chancellor. There

shall then be inquiry into why the other justices did not remedy the

situation. If it is found that they were in default in executing the

laws, they shall forfeit their commissions and be punished according to

their demerits.

Justices of the Peace shall make inquiry of all offenses in unlawful

retaining, examine all suspects, and certify them to the King's Bench

for trial there or in the King's council, and the latter might also

proceed against suspects on its own initiative on information given.

Perjury committed by unlawful maintenance, embracing, or corruption of

officers, or in the Chancery, or before the King's council, shall be

punished in the discretion of the Chancellor, Treasurer, both the Chief

Justices, and the clerk of the rolls.

The Star Chamber, Chancellor, King's Bench and King and council have

the power to examine all defendants, by oath or otherwise, to adjudge

them convicted or attainted. They can also be found guilty by

confession, examination, or otherwise. If a defendant denied doing the

acts of which he is convicted, he was subject to an additional fine to

the king and imprisonment. Violations of statutes may be heard by the

Justices of Assize or the Justices of the Peace, except treason, murder,

and other felony.

Actions on the case shall be treated as expeditiously in the courts of

the King's Bench and Common Pleas as actions of trespass or debt.

Proclamation at four court terms of a levy of a fine shall be a final

end to an issue of land, tenements, or other hereditaments and the

decision shall bind persons and their heirs, whether they have knowledge

or not of the decision, except for women-covert who were not parties,

persons under the age of twenty-one, in prison, out of the nation, or

not of whole mind, who are not parties. These may sue within five years

of losing such condition. Also, anyone not a party may claim a right,

title, claim, or interest in the said lands, tenements, or other

hereditaments at the time of such fine recorded, within five years after

proclamations of the fine.

A defendant who appeals a decision for the purpose of delaying

execution of such shall pay costs and damages to the plaintiff for the

delay.

No sheriff, undersheriff, or county clerk shall enter any complaints in

their books unless the complaining party is present. And no more

complaints than the complaining party knows about shall be entered. The

penalty is 40s. for each such false complaint, one half to the king and

the other half to the suer after examination by a Justice of the Peace.

This is to prevent extortion of defendants by false complaints. The

justice shall certify this examination to the King, on pain of a fine of

40s. A bailiff of a hundred who does not do his duty to summon

defendants shall pay a fine of 40s. for each such default, after

examination by a Justice of the Peace. Sheriffs' records of fines

imposed and bailiffs' records of fines collected may be reviewed by a

Justice of the Peace to examine for deceit.

Any sheriff allowing a prisoner to escape, whether from negligence or

for a bribe, shall be fined, if the prisoner was indicted of high

treason, at least 1,333s. for each escape. However, if the prisoner was

in their keeping because of a suspicion of high treason, the fine shall

be at least 800s.; and if indicted of murder or petite treason, at least

400s.; and if suspected of murder or petite treason, 200s.; and if

suspected of other felonies, 100s. Petite treason was that by a wife to

her husband or a man to his lord.

Any person not responding to a summons for jury service shall be fined

12d. for the first default, and 2s. for the second, and double for each

subsequent default.

A pauper may sue in any court and be assigned a attorney at no cost to

him.

A Justice of the Peace to whom has been reported hunting by persons

disguised with painted faces or visors or otherwise, may issue a warrant

for the sheriff or other county officer to arrest such persons and bring

them before the justice. Such hunting in disguise or hunting at night or

disobeying such warrant is a felony. This is to stop large mobs of

disguised people from hunting together and then causing riots,

robberies, and murders.

Benefit of clergy may be used only once, since this privilege has made

clerics more bold in committing murder, rape, robbery, and theft.

However, there will be no benefit of clergy in the case of murder of

one's immediate lord, master, or sovereign. (This begins the gradual

restriction over many years of benefit of clergy until it disappears.

Also, benefit of clergy was often disregarded in unpeaceful times.)

For an issue of riot or unlawful assembly, the sheriff shall call 24

jurors, each of lands and tenements at least 20s. of charter land or

freehold or 26s.8d. of copyhold or of both. For each default of the

sheriff, he shall pay 400s. And if the jury acquits, then the justice,

sheriff, and under-sheriff shall certify the names of any jurors

maintained or embraced and their misdemeanors, or else forfeit 400s. Any

person proved to be a maintainer or embracer shall forfeit 400s. to the

king and be committed to ward.

The principal leaders of any riot or unlawful assembly shall be

imprisoned and fined and be bound to the peace with sureties at a sum

determined by the Justices of the Peace. If the riot is by forty people

or heinous, the Justices of Peace shall certify such and send the record

of conviction to the King.

The King's steward, Treasurer, and comptroller have authority to

question by twelve discreet persons any servant of the king about making

any confederacies, compassings, conspiracies, or imaginations with any

other person to destroy or murder the king or one of his council or a

lord. Trial shall be by twelve men of the King's household and

punishment as by felony in the common law.

Ohanges in the judicial process other than those made by statute were

made by court decision. For instance, the royal justices decided that

only the king could grant sanctuary for treason and not the church.

After this, the church withdrew the right of sanctuary from second time

offenders.

The King's council has practically limited itself to cases in which the

state has an interest, especially the maintenance of public order.

Chancery became an independent court rather than the arm of the king and

his council. In Chancery and the King's Bench, the intellectual revival

brought by humanism inspires novel procedures to be devised to meet

current problems in disputed titles to land, inheritance, debt, breach

of contract, promises to perform acts or services, deceit, nuisance,

defamation, and the sale of goods.

A new remedy is specific performance, that is, performance of an act

rather than money damages.

Evidence is now taken from witnesses.

Various courts had overlapping jurisdiction. For instance, trespass

could be brought in the Court of Common Pleas because it was a civil

action between two private persons. It could also be brought in the

Court of the King's Bench because it broke the King's peace. It was

advantageous for a party to sue for trespass in the King's court because

there a defendant could be made to pay a fine to the king or be

imprisoned, or declared outlaw if he did not appear at court.

A wrongful step on the defendant's land, a wrongful touch to his person

or chattels could be held to constitute sufficient force and an adequate

breach of the king's peace to sustain a trespass action. A new form of

action is trespass on the case, which did not require the element of

force or of breach of the peace that the trespass offense requires.

Trespass on the case [or "case" for short] expands in usage to cover

many types of situations. Stemming from it is "assumpsit", which

provided damages for breach of an oral agreement and for a written

agreement without a seal.

Parliament's supremacy over all regular courts of law was firmly

established and it was called "the high court of Parliament",

paradoxically, since it rarely came to function as a law court.

When a land holder enfeoffs his land and tenements to people unknown to

the remainderman in [fee] tail, so that he does not know who to sue, he

may sue the receiver of the profits of the land and tenements for a

remedy. And the receivers shall have the same advantages and defenses as

the feoffees or as if they were tenants. And if any deceased person had

the use for himself and his heirs, then any of his heirs shall have the

same advantages and defenses as if his ancestor had died seised of the

land and tenements. And all recoveries shall be good against all

receivers and their heirs, and the feofees and their heirs, and the co-

feoffees of the receivers and their heirs, as though the receivers were

tenants indeed, or feofees to their use, or their heirs of the freehold

of the land and tenements.

If a person feoffs his land to other persons while retaining the use

thereof for himself, it shall be treated as if he were still seised of

the land. Thus, relief and heriot will still be paid for land in socage.

And debts and executions of judgments may be had upon the land and

tenements.

The penalty for not paying customs is double the value of the goods.

The town of London shall have jurisdiction over flooding and unlawful

fishing nets in that part of the Thames River that flows next to it.

The city of London shall have jurisdiction to enforce free passage of

boats on the Thames River in the city, interruption of which carries a

fine of 400s., two-thirds to the king and one third to the suer.

Jurors impaneled in London shall be of lands, tenements, or goods and

chattels, to the value of 133s. And if the case concerns debt or damages

at least 133s, the jurors shall have lands, tenements, goods, or

chattels, to the value of 333s. This is to curtail the perjury that has

gone on with jurors of little substance, discretion, and reputation.

A party grieved by a false verdict of any court in London may appeal to

the Hustings Court of London, which hears common pleas before the mayor

and aldermen. Each of the twelve alderman shall pick from his ward four

jurors of the substance of at least 2,000s. to be impaneled. If

twenty-four of them find that the jurors of the petty jury has given an

untrue verdict, each such juror shall pay a fine of at least 400s. and

imprisonment not more than six months without release on bail or surety.

However, if it is found that the verdict was true, then the grand jury

may inquire if any juror was bribed. If so, such juror bribed and the

defendant who bribed him shall each pay ten times the amount of the

bribe to the plaintiff and be imprisoned not more than six months

without release on bail or surety.

The Bishop's Court in London had nine offenders a week by 1500. Half of

these cases were for adultery and sexual offenses, and the rest were for

slander, blasphemy, missing church services, and breach of faith.

Punishment was penance by walking barefoot before the cross in the

Sunday Procession dressed in a sheet and holding a candle.

- - - Chapter 12 - - -

- The Times: 1509-1558 -

Renaissance humanism came into being in the nation. In this

development, scholars in London, Oxford, and Cambridge emphasized the

value of classical learning, especially Platonism and the study of Greek

literature as the means of better understanding and writing. They

studied the original Greek texts and became disillusioned with the

filtered interpretations of the church, for example of the Bible and

Aristotle. There had long been displeasure with the priests of the

church. They were supposed to preach four times yearly, visit the sick,

say the daily liturgies, and hear confessions at least yearly. But there

were many lapses. Many were not celibate, and some openly lived with a

woman and had children. Complaints about them included not residing

within their parish community, doing other work such as raising crops,

and taking too much in probate, mortuary fees, and marriage fees.

Probate fees had risen from at most 5s. to 60s. in the last hundred

years. Mortuary fees ranged from 1/3 to 1/9 of a deceased person's

goods. Sanctuary was abused. People objected to the right of arrest by

ecclesiastical authorities.

Also, most parish priests did not have a theology degree or even a

Bachelor's degree, as did many laymen. In fact, many laymen were better

educated than the parish priests. No one other than a laborer was

illiterate in the towns.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 32 / 67 段