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 person had enjoyed light next to his property for
at least 20 years, no one could build up the adjacent land so that
the light would be blocked.
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