The
penalty was death. Many people were hanged for the felony of theft
over 12d. Some bold men accused of felony refused to plead so that
they could not be tried and found guilty. They died of heavy
weights being placed on their bodies. But then their property
could go to their heirs.
The Court of Queen's Bench and Exchequer indirectly expanded their
jurisdiction to include suits between citizens, formerly heard
only the Court of Common Pleas or Chancery. Chancery interrogated
defendants. Chancery often issued injunctions against suits in the
common law courts. Trial by combat was very rare.
Benefit of clergy may not be had for stabbing a person who has no
weapon drawn, if he dies within six months.
Pleadings had to be in writing and oral testimony was given by
sworn witnesses. Case decisions are in books compiled by various
reporters who sit in on court hearings rather than in year books.
In the common law, trespass has given rise to the offshoot branch
of "ejectment", which becomes the common means of recovering
possession of land, no matter what kind of title the claimant
asserts. Trespass on the case has given rise to the offshoot
branch of "trover" [finding another's goods and converting them to
one's own use]. Trover gradually supplants detinue, in which there
is compurgation.
In the common law courts, the action of assumpsit for enforcing
certain promises is used more than the action of debt in those
cases where there is a debt based on an agreement.
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