Justices of the Peace
and sheriffs were to watch over the bishops. The Justices of
Assize were to assess the effectiveness of the Justices of the
Peace as well as enforce the treason statute on circuit.
The criminal court went outside the common law to prosecute
political enemies, e.g. by dispensing with a jury.
Since the nation was now peaceful, expediency was no longer
needed, so judicial procedures again became lengthy and formal
with records.
The Chancery court enforced the obligations known as trusts, in
the name of equity and good conscience. It adopted every analogy
that the common law presented. Its procedure was to force the
defendant to answer on oath the charges that were brought against
him. All pleadings and usually testimony was put into writing.
Much evidence consisted of written affidavits. There was no jury.
The Chancery court did not record its decisions apparently because
it did not see itself s bound by precedents.
Witnesses could be sworn in to state pertinent facts necessary for
full understanding and adjudication of cases, because they are
reliable now that there is no unlicensed livery and maintenance
and because jurors no longer necessarily know all the relevant
facts.
When acting as the highest court, the House of Lords was presided
over by the Chancellor, who sat on his prescribed place on the
wool sacks. It had the following jurisdiction: trial of peers for
high treason and serious felony, appeals on writs of error from
courts of the common law, and impeachment.
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