ferred to the Justices of
Assize, who rode on circuit once or twice a year. Since there was
no requirement of legal knowledge for a Justice of the Peace, many
referred to the "Boke of the Justice of the Peas" compiled about
1422 for them to use. Manor courts still formally admitted new
tenants, registered titles, sales of land and exchanges of land,
and commutation of services, enrolled leases and rules of
succession, settled boundary disputes, and regulated the village
agriculture.
All attorneys shall be examined by the royal justices for their
learnedness in the law and, at their discretion, those that are
good and virtuous shall be received to make any suit in any royal
court. These attorneys shall be sworn to serve well and truly in
their offices.
Attorneys may plead on behalf of parties in the hundred courts.
A qualification for jurors was to have an estate to one's own use
or one of whom other persons had estates of fee simple, fee tail,
or freehold in lands and tenements, which were at least 40s. per
year in value. In a plea of land worth at least 40s. yearly or a
personal plea with relief sought at least 800s., jurors had to
have land in the bailiwick to the value of at least 400s., because
perjury was considered less likely in the more sufficient men.
In criminal cases, there were many complaints made that the same
men being on the grand assize and petty assize was unfair because
prejudicial. So it became possible for a defendant to challenge an
indictor for cause before the indictor was put on the petty
assize. Then the petty assize came to be drawn from the country at
large and was a true petty or trial jury. Jurors were separated
from witnesses.
Justices of the Peace were to have lands worth 267s. yearly,
because those with less had used the office for extortion and lost
the respect and obedience of the people.
A Sheriff was not to arrest, but to transfer indictments to the
Justices of the Peace of the county. He had to reside in his
bailiwick. The sheriff could be sued for misfeasance such as
bribery in the King's court.
Impeachment was replaced with bill of attainder during the swift
succession of parliaments during the civil war. This was a more
rapid and efficient technique of bringing down unpopular ministers
or political foes. There was no introduction of evidence, nor
opportunity for the person accused to defend himself, nor any
court procedure, as there was with impeachment.
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