Development of the Common Law of England in the 12th – Beginning of the 13th Century and Pleas in a Cornish Justice in Eyre

Abstract

The article is based on the research of the problem of formation and development of judicial legislation in the sphere of the early Common Law of England - with the involvement of materials, published by F.W. Maitland for Selden Society at the end of the 19th century, which represent claims to the visitorial Royal Court (or Justice in Eyre) in Cornwall in the third year of King John’s reign (1201); this might it possible to understand in what way grassroot claims from hundreds and manors spilled over into legal sphere of visitorial courts, which, as well as central ones, worked on the basis of «Coram Regis». A number of features of the gradual expansion of royal courts’ competence on the ground of Cornish claims, testifying not only of a number of cases in the sphere of everyday life, but also of socio-legal peculiarities, are shown. The presence of a constantly working Jury is one of the most important features, which is undeniable for a Cornish Justice in Eyre. Records, narrating about taking an oath by twelve «trustworthy people», conducting preliminary inquisition on every plea, presenting in the court every litigation case, listening to both plaintiffs and defendants, instructing clerks to write down their names as well as the names of pledges, testify to sufficient civility and the order of the procedure. Surely, it’s difficult yet to say about effectiveness of a new system of justice, including signs of the procedure reception by manorial and hundredth justice. Many features of legal development of the period will make up a further research perspective in the sphere of socio-legal daily life of medieval England.