CommonLaw
The term‘common law’dates from 1154 when Henry II created a system of
law based on custom and precedents that was intended to unify legal practice
and judgments across the country–a common code. The jury system was
reinstated, and judges were sent from the royal courts to deal with disputes
and cases around the realm. Their decisions were recorded and were referred
to by other judges dealing with similar issues, so that what was agreed in one
county would form the basis for an agreement in another. The church was not
altogether happy with this system, which took power away from the church
courts. This led to a schism between the king and the archbishop of
Canterbury, Thomas à Becket, which in turn resulted in the murder of Becket
in the cathedral. National outrage at the murder set Henry’s law reforms back
considerably.
One offence under common law was called petty treason. This was defined
as an act against a superior by an inferior. In earlier times, petty treason
covered a lot of possible crimes including cowardice in battle, forging the seal
of a lord, committing adultery with the lord’s wife or daughter, and plotting
against the life of the king or his ministers. A hermit called Peter of Wakefield
was brought before King John in 1212 because the king had heard that the
hermit had predicted that evil would befall him. Peter further prophesied that
MEDIEVAL CRIMEFigure 20. A medieval rabbit warren after a manuscript illustration