Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-4hvwz Total loading time: 0 Render date: 2024-07-29T21:22:06.620Z Has data issue: false hasContentIssue false

CHAPTER V - LAW ENFORCEMENT: Shareshull's policy of law enforcement, and of the imposition of huge financial penalties by means of commissions of oyer and terminer and of eyres, by the development of the justices of the peace and of the justices of labourers, and by a novel use of the king's bench

Published online by Cambridge University Press:  05 June 2016

Get access

Summary

A study of Shareshull's achievements in law enforcement must not overlook his persistent activities in holding the land assizes, fully documented by huge rolls still in existence. Since land cases make up so large a proportion of all law cases in the fourteenth century, it is inevitable that a distinguished judge like Shareshull should have given a correspondingly large proportion of his time to the circuits of assize on which he acted, the north-western, the south-western, and Oxfordshire and Berkshire, usually included in the latter. His work as a justice of assize was vitally important. It necessitated incessant journeyings at certain seasons into far-distant regions; it also involved intricate problems of land law as is proved by the number of assize cases begun before him on circuit and brought into common pleas or king's bench, or adjourned to Westminster before himself and his colleagues.

But it is of course true that the taking of land assizes by Serjeants and judges of the upper courts was so much a matter of routine that it represented nothing unique in Shareshull's case; nor did the pecuniary advantages to the crown bulk large either in real actions before justices of assize or even in the formidable Quo Warranto proceedings before justices in eyre. Rather, it was in the maintenance of law and order and the enforcement of the new statutory regulations on economic matters that the great opportunity came for the profits of jurisdiction. Further, although the conviction or the flight of felons meant the confiscation of their chattels by the crown, on the whole it was the amercements and fines for trespasses, either common law or statutory, that were the veritable gold-mine: large sums, often beyond belief, from the great offenders, particularly the ‘ ministers’ of the king; small sums from innumerable petty offenders, especially from those found to be infringing the new economic legislation. These distinctions will help to make clear the significance of Shareshull's judicial work and to explain the changes in its character at successive stages in his career.

By the accession of Edward III Shareshull had been busy in the upper courts for several years as a serjeant-at-law, and had served on a few special commissions for which unfortunately no proceedings seem to have been preserved.

Type
Chapter
Information
The Place in Legal History of Sir William Shareshull
Chief Justice of the King's Bench 1350–1361
, pp. 59 - 78
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×