Since administrators of goods of people dying intestate who fail to pay

the creditors of the deceased often can't pay the debts from their own

money, the people (who are not creditors) receiving the goods shall pay

the creditors.

No merchant may dress black rabbit skins, nor export them, unless

dressed by skinners and bought from them because the skinners have been

thus deprived of their livelihoods to their impoverishment throughout

the realm.

Beer may be exported when malt is at 16s. per quarter because exporting

beer instead of barley and malt will (1) increase the export tax to the

King, (2) increase income for coopers and brewers, and (3) provide more

jobs in transporting beer, which is more voluminous, to the great

comfort of the port towns.

Fish which are spawning and growing in harbors may not be taken by any

net or weirs because this practice has hurt fishermen and the realm.

No one shall sell beer or ale to an unlicensed alehousekeeper because

abuses there have become intolerable.

No person at least 18 years of age may be naturalized or restored in

blood after being attainted unless he takes the sacrament and the Oath

of Supremacy [of the king over the church of England], and Oath of

Allegiance [to the king].

Money given by will for the apprenticeship of poor children shall be

managed by incorporated towns and unincorporated parishes. Masters

receiving such apprentices shall become bound with sufficient sureties.

Houses of correction shall be built in every county.

London may make a trench to bring water to the north part of the city

and shall compensate the owners of lands by agreement with them of an

amount or an amount determined by commissioners.

All hospitals and abiding places for the poor, lame, maimed, and

impotent persons or for houses of correction founded according to the

statute of Elizabeth shall be incorporated and have perpetual

succession.

Only lands and hereditaments paying rents to the Crown within the last

sixty years shall be claimed by the Crown; the title of all persons and

corporation who have enjoyed uninterruptedly against the Crown for the

last sixty years are confirmed against the Crown.

No one may take more than 8% interest on loans because 10% has caused

many, including gentry, merchant, farmer, and tradesman, to sell their

land and forsake their trade to pay their debts.

As Attorney General, Edward Coke introduced the crime of "seditious

libel" in a case before the Star Chamber in 1606. These written slanders

or libels were viewed as incitements to disorder and private vengeance.

Because the tendency to cause quarrels was the essence of the crime, the

truth of the libel was not a defense, but might be an aggravation of

criminality.

Edward Coke, former Chief Justice of both the Court of Common Pleas and

Court of the Queen's Bench, wrote his Reports on court cases of all

kinds through forty years and his Institutes on the law, in which he

explained and systematized the common law and which was suitable for

students. This included a commentary and update of Littleton, published

in 1627; old and current statutes; a description of the criminal law;

and lastly an explanation of the court system, the last two published in

1644. Coke declared that "a man's house is his castle".

Coke waged a long battle with his wife over her extensive property and

the selection of a husband for their daughter. In his institutes, he

described the doctrine of coverture as "With respect to such part of the

wife's personality as is not in her possession, as money owing or

bequeathed to her, or accrued to her in case of intestacy, or contingent

interests, these are a qualified gift by law to the husband, on

condition that he reduce them into possession during the coverture, for

if he happen to die, in the lifetime of his wife, without reducing such

property into possession, she and not his representative will be

entitled to it. His disposing of it to another is the same as reducing

it into his own possession." He further states that "The interest of the

husband in, and his authority over, the personal estate of the wife, is,

however, considerably modified by equity, in some particular

circumstances. A settlement made upon the wife in contemplation of

marriage, and in consideration of her fortune, will entitle the

representatives of the husband, though he die before his wife, to the

whole of her goods and chattels, whether reduced into possession or not

during the coverture. ... A settlement made after marriage will entitle

the representative of the husband to such an estate in preference to the

wife. ... A court of equity will not interfere with the husband's right

to receive the income during the coverture, though the wife resist the

application."

No person convicted of Catholicism may practice the common law as a

counsellor, clerk, attorney, or solicitor, nor may practice civil law as

advocate, or proctor, nor shall be justice, minister, clerk, or steward

in any court, nor practice medicine, nor perform as apothecary, nor be

officer in a town, in the army, or navy, or forfeit 100 pounds as

punishment. Nor may they be administrators of estates, or have custody

of any child as guardian. Nor may they possess any armor, gunpowder, or

arms. Nor may anyone print or import Popish books rosaries, or else

forfeit 40s

Papists running a school must forfeit 40s. a day for such. Anyone

conveying a child beyond the seas to be educated in popery may not sue

in the courts, may not hold any office, and shall forfeit 100 pounds and

all lands. But the child returning may have his family lands restored to

him if he receives the sacrament of the lord's supper in the established

church after reaching 18 years of age.

- Judicial Procedure -

Defendants may not petition to remove a case to the Westminster courts

after a jury is selected because such has resulted in unnecessary

expense to plaintiffs and delay for defendants in which they suborn

perjury by obtaining witnesses to perjure themselves.

In 1619, by the writ of quo warranto, a government office or official

could be made to explain by what right he performed certain acts.

James I asserted an authority to determine the jurisdiction between the

various courts.

The Court of High Commission heard mostly matrimonial cases, but also

moral offenses both of clergy and laity, and simony [buying or selling

ecclesiastical preferment, eclectically pardons, or other things

regarded as sacred or spirtual], plurality, drunkenness, and other

clerical irregularities.

The Star Chamber Court still was primarily directed against force and

fraud and defended the common people from over-mighty lords and

over-pliable Justices of the Peace, for instance by deterring enclosure.

It also enforced monopolies. However, there was a growing tendency for

King James, who sat on it, to abuse its power with high fines. For

instance, a lord accused with foul language by a huntsman of following

hounds of a chase too closely threatened to use his horse whip on the

huntsman's master when the huntsman threatened to complain to his

master. The lord was fined 10,000 pounds. James' council used torture to

obtain information from accused felons about possible conspiracies

against him.

The ordinary administrative court of first instance is formed by the

single Justices of the Peace, who issue orders regarding public safety,

order, public morals, health, the poor, highways, water, fields,

forests, fisheries, trade, building, and fire, and particularly begging

and vagrancy as well as regulations of wages, servants, apprentices, and

day laborers. For more important resolutions, the special sessions of

the Justices of the Peace of a hundred for a court of intermediate

instance and appointed overseers of the poor. All Justices of the Peace

were present at the quarter sessions, which were held at least four

times a year, and were primarily a court of appeal from penal sentences,

but also make the county rate, appoint county treasurers and county

prison and house of correction governors, regulate prices and wages,

settle fees of county officials, grant licenses for powder mills, and

register dissenting chapels. It heard appeals expressly allowed by

statute. The central courts also heard appeals by writ of certiorari as

to whether an administrative act was in accordance with existing law,

whether the court is competent, and whether the administrative law has

been rightly interpreted. This writ of certiorari ceased in the 1700s.

Justices of the Peace who have the power to give restitution of

possession to tenants of any freehold estate of their lands or tenements

which have been forcibly entered and withheld, shall have like power for

tenants for term of years, tenants by copy of court roll, guardians by

knight service, and tenants by elegit statute merchant and staple of

lands or tenements [tenant-plaintiffs holding property to receive income

therefrom for satisfaction of a debt of defendants].

The Justices of the Peace were chosen by the Crown, usually by the

Chancellor. The qualifications were residence in the county, suitability

of moral character, religious uniformity, and the possession of lands or

tenements with twenty pounds a year. They were almost exclusively

country gentlemen, except in the towns. In the corporate towns, the

mayor, bailiff, recorder, and senior aldermen were ex officio [by virtue

of the office] Justices of the Peace. Their main duty was to keep the

peace. If a justice heard of a riot in the making, he could compel

individuals at the place to give bonds of "good-a-bearing" and cause

a proclamation to be made in the King's name for them to disperse. Two

justices or more had the authority to arrest the rioters and send a

record of it to the assizes and to the Privy Council. If the riot had

taken place before their arrival, they could make an inquiry by a jury

and certify the results to the King and his Council. The justices had

men brought before them on many kinds of charges, on their own summons,

or on initiative of the petty constable. They tried to draw these men

into confession by questioning. After indictment, a person had the

choice of a petty jury trial or paying a fine. The Justices of the Peace

could insist upon presentment juries or surveys of offenses by local

officers, but, without the institution of policemen, not many crimes

were prosecuted because victims were unwilling or could not afford to

initiate judicial action. Their unwillingness was partly due to the

severity of penalties, e.g. death for the theft of over 12s. and

whippings and fines for misdemeanors. Further, the offender was

frequently a neighbor with whom one would have to live. Mediation by the

local constable often took place. When there an outbreak of lawlessness

in an area, a commission might be set up especially for that area to

enforce the law.

Assault cases were common in courts of assize and courts of quarter

sessions. The quarter sessions were those of a number of Justices of the

Peace held for a couple of days four times a year for the more important

cases in the jurisdiction of the Justices of the Peace. Assault was

violence or threat of imminent violence. Fines were graduated according

to the means of the offender, who was usually bound over to keep the

peace. Most involved offenders and victims who were neighbors and

included people of substantial standing in the village. Also, a sizable

minority were directed against local officers such as constables,

bailiffs, or tax- collectors.

Three-fourths of all assize indictments and many quarter-sessions

indictments were for various types of theft, including petty larceny,

grand larceny, housebreaking, burglary, sheep stealing, and robbery.

These offenses were mostly opportunistic rather than planned, except for

London's underworld of professional thieves and the cutpurses of country

markets and highway robbers on lonely roads. There were substantial

peaks in theft in periods of harvest failure and industrial depression,

especially by vagrants. But most of the poor never stole.

The Justices of the Peace usually deferred to the learned Justices of

Assize for cases of felony, murder, rape, highway robbery, and

witchcraft. Most homicides were the result of an impassioned argument

leading to blows inflicted by nearby commonplace items picked up and

used as weapons. Only 18% of homicides were within the family. Men were

still declared outlaw if they failed to come to court after repeated

summons.

The Lord Keeper regularly advised the assize justices, before each

circuit departure, to relieve the poor, supply the markets, maintain the

roads (which were frequently impassable in winter for wagons or

coaches), enforce church attendance, suppress superfluous and disorderly

alehouses, and put down riots, robberies, and vagrancy, and in times of

dearth, to suppress speculation in foodstuffs, prevent famine, and

preserve order. In fact, the justices were most attentive to offenses

which affected them as rate payers for the poor. These were offenses

against cottaging laws (e.g. erection of cottages which lacked the

statutory four acres of land), harboring of "inmates", disputes of

settlement of paupers, bastardy, vagrancy, church nonattendance, and

above all, disorderly alehouses. Alehousing had been a well- established

means of poor employment since the 1200s, so it was hard to enforce

licensing laws. Further, alehouses were the centers of social life for

the common people; both women and men met their friends there. If an

attorney or solicitor delays his client's suits to work his own gain or

over charges his client, the client can recover his costs and treble

damages and the attorney and solicitor shall be disbarred. None may be

admitted to any court of the king but such as have been brought up in

the same court or is otherwise well-practiced in soliciting of causes

and has been found by their dealings to be skillful and honest. An

attorney who allows another to use his name shall forfeit 400 shillings

and be disbarred.

Offenders shall pay the charge of their own conveyance to gaol or the

sum shall be levied by sale of their goods so that the King's subjects

will no longer be burdened thereby.

Plaintiffs' costs shall be paid by the defendants only where there is a

judgment against the defendant in all actions in which the plaintiff is

entitled to costs on judgment for him, to discourage frivolous and

unjust suits.

By 1616, Chancery could order injunctions to stop activities.

In Slade's case of 1602, the Court of the Queen's Bench held that

assumpsit may be brought in place of the action of debt. So assumpsit

supplants debt for recovering liquidated sums and is then called

"indebitatus assumpsit".

The trial of Sir Walter Ralegh in 1603 began a call by people for a

right to confront and question one's accusers. Before trial, privy

counselors who in theory sat as impartial justices, cross-examined

Ralegh in prison. With a carefully selected jury present, the trial

began with reading of the indictment, which Ralegh had not yet seen. He

was charged with treason in plotting with Catholic Spain to put Arabella

Stuart on the throne. Arabella was to write to Spain promising peace,

toleration of Catholics in England, and direction by Spain in her

marriage choice. He pled not guilty and took no exception to any jurors,

stating that he knew them all to be honest men. Next, Attorney General

Edward Coke, his enemy and rival, and he engaged in a debate about who

was right, with Coke outright bullying him. Coke then produced a signed

confession by Lord Cobham that implicated him in the alleged conspiracy

and accepting 10,000 crowns for his part. Ralegh was given permission to

speak. He said that Cobham had retracted his confession. He ridiculed

the idea that he would betray England to Spain for gold after fighting

against Spain, including risking his life three times, and spending

4,000 pounds for the defeat of Spain. He pointed to a treatise he had

written to the king on the present state of Spain and reasons against

peace. Then there was a discussion on the validity of Cobham's

confession. Cecil gave an oration of Ralegh. Coke gave a speech. Ralegh

asked to have his accuser brought before him face to face. He cited law

that two witnesses were necessary for a conviction for treason. Chief

Justice Popham replied that only one witness was necessary under common

law, which applied to his case, and that the trial was properly

conducted by examination of the defendant. Coke added that it would be

improper to call Cobham because he was a party. Then Coke surprised

Ralegh with a letter from Cobham stating that Ralegh had asked Cobham to

procure him an annual pension of 1500 pounds from Spain for disclosing

intelligence. Ralegh acknowledged that a pension was offered, but denied

that he had ever intended to accept it. He admitted that it was a fault

not to inform authorities of this offer. The jury deliberated for

fifteen minutes and returned with a verdict of guilty. The Chief Justice

delivered the sentence for treason: drawing, hanging, disemboweling,

beheading, and quartering. The whole trial was not so much to access

guilt, but to show the general public that the person was guilty.

Church courts were revived after a period of disuse. They could annul

an unconsummated or legally invalid marriage (e.g. consanguinity,

impotence, a witnessed precontract to marry) and order judicial

separations in case of adultery, cruelty, or apostasy. Annuled marriages

made a person's children illegitimate. An action at common law for

"criminal conversation" [adultery] with the plaintiff's spouse or for

assault and battery could result in an order for separation. But only a

private statute of Parliament could grant a divorce, which allowed

remarriage. It was granted in only a few cases and only to the very

wealthy. Church officials spied upon people's conduct to draw them into

their courts and gain more money from the profits of justice.

In 1610, Edward Coke, Chief Justice of the Court of Common Pleas,

decided that the statute giving the Royal College of Physicians power to

imprison and fine those practicing without a license was invalid and

unenforceable because it gave the college half of each fine awarded,

which was a conflict of interest with its role as an adjudicator. Coke

said that a maxim of the common law was that no man ought to be judge in

his own cause. By this decision, he asserted a court supremacy over

Parliament with respect to the validity of statutes. He opined that the

courts should not only be independent of the Crown, but should act as

arbiter of the Constitution to decide all disputed questions. In his

words, "When an Act of Parliament is against common right and reason,

the common law will control it and adjudge such Act to be void."

Justices still explained and in some degree interpreted legislative

acts of Parliament as they had since the 1500s, but their right to do so

was coming into question and was slowly lost.

Female scolds were still dunked into water as punishment.

Only barristers, who were called to the bar after being in long

residence in one of the Inns of Court, could practice before the King's

court. Attorneys and solicitors prepared cases for barristers and

practiced before minor courts.

The king appointed the justices, with the advice of the Chancellor.

James I often intimidated the justices to see things his way.

The oath of a justice was: "Well and truly ye shall serve the King and

his people. And ye shall take no fee or livery of none but the King, nor

gift or reward of none that hath a do before you except it shall be meat

or drink of small value, as long as the plea hangs before you. And ye

shall do equal law and execution of Right to all the King's subjects

rich and poor, without regard to any person. Ye shall counsel our

Sovereign Lord the King in his need. And ye shall not delay any person

of common right for the letters of the King or of any person or for any

other cause ... So help you God."

The courts of King's Bench and Common Pleas, and the Chancery all met

simultaneously in Westminster Hall. Throngs passed up and down the

middle aisles between the courts, including booksellers, stationers,

scriveners, and vendors of bread and hot meat. The hall was so cold that

people kept on their coats and hats.

The last court case concerning villeinage was in 1618.

- - - Chapter 15 - - -

- The Times: 1625-1642 -

The entourage of Charles I came to be called "Cavaliers". They were

named by their opponents for the Spanish caballero who was a Catholic

who prosecuted Protestants. Their hair had long, curled, and flowing

locks. They wore a broad-rimmed decorated hat. Their fancy jackets and

breeches were loose. Boots were wide and folded over at the top. Young

men wore earrings and painted their faces. A lady wore her hair in

ringlets on each side of her face. Her dress was fitted at the waist,

with a peaked bodice. It was low at the shoulders with a scoop neckline

in front. She often wore much lace, especially at the neck down to the

bust line. Her outer dress and under-skirt that was revealed in front,

were full and made of satin and stiff silk or velvet. Only hose of silk

were worn at court.

A majority of prosperous industrial towns and fee farmers, led

sometimes by lords or old landed gentry, were Puritans. They dressed

plainly and in somber colors such as black, grey, and buff, with no

ornamentation except plain white collars and cuffs of linen rather than

of lace. Wool replaced silk and velvet. No jewelry was worn. The Puritan

women also wore long white aprons. The Puritan women smoothed their hair

back into little knobs and covered their hair and head with a white

covering. Both Puritan men and women wore broad-rimed hats and plain

shoes. The ordinary country man wore a felt hat, broadcloth coat, woolen

trousers, hand-knitted worsted stockings, and plain, strong shoes. The

Puritan men for a time had short-cut hair. The Puritan- Parliamentarians

were given the name "Roundheads" after the crop- headed London

apprentices whose rioting had marked every stage of the conflict between

king and Parliament.

Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 June 2011 (Sixth) Edition · 第 45 / 67 段