Civil Law

Civil law was always burdened by the fact that enforcement was not considered in the legal procedure. During the EF period a plaintiff had to act themselves as legal-clerk and notary, writ-deliverer and collector of restitution if the local legal official (known variously as Shire Reeve, Sheriff) found in their favour. A party having a writ served on them could simply ignore the whole procedure (and often did), but even if they accepted the process, could appeal the Sheriff’s decision to the royal court. A defendant who ignored the Sheriff’s decision, or failed to accept the ruler’s, could face a criminal prosecution for Breach of the King’s Peace and additional sanctions. However, enforcement was still an issue and armed conflicts often resulted as plaintiffs sought to exercise decisions.

From the HC period on, writs were often both centralised and standardised, lifting the burden of literacy from the plaintiff and helping the Shire Reeve. A writ could be simply purchased from officials of the Royal Court (typically from 6d. to 18d.–Although it could vary widely) and handed over to the Shire Reeve (generally for a fee of 2-3d.). The Shire Reeve, as with criminal cases, turned to local witnesses and jurors for more detailed information. However, enforcement remained a problem, particularly in cases which involved nobles as defendants and in cases were local peasants fought the actions of (as they saw it) wrongful nobles.

Writs could be issued for Torts (a wrong)–a development of weregeld, in which an injury done to a person or to their property due to some negligent or deliberate act could be pursued for reimbursement. Nobles could bring tort actions against each other for themselves, or on a vassal’s behalf; non-nobles often being limited to bringing actions against their fellows. In game terms the following torts are available:

Replevin: An action to recover unlawfully taken property. If unable to be restored in fit condition, compensation and damages might be awarded.

Damage to Property: A writ for compensation for wrongfully damaged property. If deliberately damaged, punitive damages could be awarded at up to double the item(s)’s value, Commoners might also receive up to 24 lashes for intentional damage.

Injury to Person: An action for compensation for an injury suffered as a result of another’s improper or irresponsible actions. Members of the royal family being entitled to 20,000 pennies per Body Point; nobles 5,000d.; knights and other lesser nobility to 1,000d.; freemen to 200 pennies per Body Point, and serfs to 10 pennies per Body Point. If maiming resulted from the injury, the sum due is 3 x the normal amount.

Very basic Business Law also governed most commercial transactions:

Fraud: Any false representation of goods, or false promises leading to financial loss on the part of the victim. Penalties were c. 1-3 times the transaction’s profit plus restitution, or full compensation.

Debt: Failure to pay owed items, or monies, at the end of an agreed time. An aggrieved party could sue for payment, which might result in the seizure of money, lands, cattle, or other goods. However, securing the repayment could be difficult. Nobles secured their debts with sealed deeds (promises), non-payment of such bargains could be heard in a Royal Court. Impoverished freemen could be forced into service (or in the EF, slavery) to repay debts. If such an enforced debtor ran away, such refusal to make payment by service was often punishable by death.

Breach Of Contract: Failure to live up to one’s word. Contracts were often only witnessed orally, and courts might order the terms of the agreement to be carried out in full or the recovery of financial losses.