Contenu de l'article

Titre Les tribunaux royaux
Auteur Rodney H. Hilton
Mir@bel Revue Etudes rurales
Numéro no 103-104, 1986 Droit et paysans
Rubrique / Thématique
Le droit et les paysans
 La société paysanne et le droit dans l'Angleterre médiévale
Page 29-38
Résumé anglais The Royal Courts Since they constituted the great majority of the population, the appearances of peasants were frequent in courts dealing with criminal cases (such as, murder, serious assault, burglary and theft of goods above a certain value). Their presence in non-criminal cases, such as disputes about land, debt, broken contract etc., was much less common. This was because, even in the thirteenth century, legal proceedings were expensive, even for well-to-do peasants. Nevertheless, peasants sometimes contributed to a common purse in order to hire lawyers to bring cases in the king's courts against their lords. These cases dealt with matters such as freedom of status and tenure, excessive demands for rent or labour service, encroachment on common rights. After the Black Death a new situation arose. Members of the county gentry were appointed as Justices of the Peace. They dealt not only with matters of public order but also with wage rates, prices and measures. Their justice was seen as an instrument in the hands of the gentry and against the interests of the peasantry, as the Rising of 1381 clearly showed.
Source : Éditeur (via Persée)
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