Parliament can change the
common law by statute. The right of a peer to be tried for capital
crimes by a court composed of his peers was established. There is
a widespread belief that all the peers are by right the king's
councilors.
No attorney may practice law and also be a justice of assize. No
justice may take any gift except from the king nor give counsel to
any litigant before him.
In 1390, there was another statute against maintainers,
instigators, barretors, procurers, and embracers of quarrels and
inquests because of great and outrageous oppressions of parties in
court. Because this encouraged maintenance by the retinue of lords
with fees, robes, and other liveries, such maintainers were to be
put out of their lords' service, and could not be retained by
another lord. No one was to give livery to anyone else, except
household members and those retained for life for peace or for
war. Justices of the Peace were authorized to inquire about
yeomen, or other of lower estate than squire, bearing livery of
any lord.
Whereas it is contained in the Magna Carta that none shall be
imprisoned nor put out of his freehold, nor of his franchises nor
free custom, unless it be by the law of the land; it is
established that from henceforth none shall be taken by petition
or suggestion made to the king unless by indictment of good and
lawful people of the same neighborhood where such deeds be done,
in due manner, or by process made by writ original at the common
law; nor that none be out of his franchise, nor of his freeholds,
unless he be duly brought into answer and before judges of the
same by the course of law.
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