- Judicial Procedure -
The prohibition against maintenance was given penalties in 1406 of
100s. per person for a knight or lower giving livery of cloth or
hats, and of 40s. for the receiver of such. A person who brought
such suit to court was to be given half the penalty. The Justices
of Assize and King's Bench were authorized to inquire about such
practices. The statute explicitly included ladies and any writing,
oath, or promise as well as indenture. Excepted were guilds,
fraternities, and craftsmen of cities and boroughs which were
founded on a good purpose, universities, the mayor and sheriffs of
London, and also lords, knights, and esquires in time of war. A
penalty of one year in prison without bail was given. In 1468,
there was a penalty of 100s. per livery to the giver of such,
100s. per month to the retainer or taker of such, and 100s. per
month to the person retained. Still this law was seldom obeyed.
People took grievances outside the confines of the rigid common
law to the Chancellor, who could give equitable remedies under
authority of a statute of 1285 (described in Chapter 8). The
Chancery heard many cases of breach of faith in the "use", a form
of trust in which three parties were involved: the holder of land,
feofees to whom the holder had made it over by conveyance or
"bargain and sale", and the beneficiary or receiver of the profits
of the land, who was often the holder, his children, relatives,
friends, an institution, or a corporation.
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