eal. Edward IV made the household office of secretary,
who had custody the king's signet seal, a public office. The
secretary was generally a member of the council. Edward IV
invented the benevolence, a gift wrung from wealthy subjects.
King Edward IV introduced an elaborate spy system, the use of the
rack to torture people to give information, and other
interferences with justice, all of which the Tudor sovereigns
later used. Torture was used to discover facts, especially about
coconspirators, rather than to elicit a confession, as on the
continent. It was only used on prisoners held in the Tower of
London involved in state trials and could only be authorized by
the king's closest councilors in virtue of the royal prerogative.
The rack stretched the supine body by the wrists and legs with
increasing agony at the joints until the limbs were dislocated.
Some victims were permanently crippled by it; others died on it.
Most told what they knew, often at the very sight of the rack.
Torture was forbidden in the common law, which favored an
accusatorial system, in which the accuser had to prove guilt,
rather than an inquisitional system, in which the accused had to
prove innocence. Edward IV applied martial law to ordinary cases
of high treason by extending the jurisdiction of the politically-
appointed High Constable of England to these cases, thus depriving
the accused of trial by jury. He executed many for treason and
never restored their forfeited land to their families, as had been
the usual practice.
King Richard III prohibited the seizure of goods before conviction
of felony. He also liberated the unfree villeins on royal estates.
It was declared under Parliamentary authority that there was a
preference for the Crown to pass to a King's eldest son, and to
his male issue after him. Formerly, a man could ascend to the
throne through his female ancestry as well.
- The Law -
The forcible entry statute is expanded to include peaceful entry
with forcible holding after the justices arrived and to forcible
holding with departure before the justices arrived. Penalties are
triple damages, fine, and ransom to the King. A forceful
possession lasting three years is exempt.
By common law, a tenant could not take away buildings or fixtures
he built on land because it would be wasteful. This applied to
agricultural fixtures, but not to other trade fixtures. Also at
common law, if a pers
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