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. The House of Lords served as judge of impeachment cases, whereas the House of Commons served as fact finders.
The leet court and sheriff's turn court have much less jurisdiction. They may dispose of presentments of trespasses and nuisances, but not felony or question of freehold. Such presentments are made by a set of at least twelve men, and the presented person is amerced there and then.
The humanist intellectual revival caused the church courts to try to eliminate contradictions with state law, for instance in debt, restitution, illegitimacy, and the age of legal majority.
- - - Chapter 13 - - -
- The Times: 1558-1601 -
Queen Elizabeth I was intelligent, educated, and wise about human nature. When young, she was a brilliant student and studied the Bible, philosophy, literature, oratory, and Greek and Roman history. She wrote in English, Latin, French, and Italian. She read Greek, including the Greek Testament, Greek orators, and Greek dramatists, at age seven, when the first professorship of Greek was founded at Cambridge University. Learning from books was one of her highest values throughout her life.
She read so much and was so influenced by Cicero that she acquired his style of writing. Her Chief Secretary William Cecil was so guided by Cicero's "Offices" that he carried a copy in his pocket. Cicero opined that government officials had a duty to make the safety and interest of citizens its greatest aim and to influence all their thoughts and endeavors without ever considering personal advantage. Government was not to serve the interest of any one group to the prejudice or neglect of the rest, for then discord and sedition would occur. Furthermore, a ruler should try to become loved and not feared, because men hated those whom they feared, and wished themdead. Therefore obedience proceeding from fear could not last, whereas that which was the effect of love would last forever. An oppressor ruling by terror would be resented by the citizens, who in secret would choose a worthier person. Then liberty, having been chained up, would be unleashed more fiercely than otherwise. To obtain the peoples' love, a ruler should be kind and bountiful. To obtain the peoples' trust, a ruler should be just, wise, and faithful. To demonstrate this, a ruler should be eloquent in showing the people an understanding better than theirs, the wisdom to anticipate events, and the ability to deal with adverse events. And this demonstration should be done with modesty. One cannot get the peoples' trust by vain shows, hypocritical pretenses, composed countenances, and studied forms of words. The first goal of a ruler is to take care that each individual is secured in the quiet enjoyment of his own property. The second goal is to impose taxes that are not burdensome. The third goal is to furnish the people with necessaries. The law should be enforced keeping in mind that its fundamental purpose is to keep up agreement and union among citizens.