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.
An example of a case of common law decided by Court of King's
Bench is Russell's Case (1482) as follows:
In the king's bench one Thomas Russell and Alice his wife brought
a writ of trespass for goods taken from Alice while she was
single.
Pages:
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523