About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

24 L. Q. Rev. 266 (1908)
King v. Almon II

handle is hein.journals/lqr24 and id is 278 raw text is: THE KING v. ALMON. II. T has been alleged by a modern writer' that down to the death of Henry V cases of criminal contempt in the King's Bench were in- varisibly dealt with according to the course of the common law, viz. by action, information, presentment, or indictment, and this statement is based upon a search through the Roinli corat B ee, the Control- ment Rolls, and the Year Books. The writer cites a number- of instances *of contempt from A.D. 253 to 1421, including cases of abusing the judge or jury or the parties, in Court; assaulting jurymen or parties in Court; abusing or assaulting jurymen or parties on their way to Court and shows that the procedurein every case was not summary but according to the ordinary course of law. In the case of John de Grauntsete (5 Edward 111) 2 a con- viction by the King's Court in Ireland of contempt in facie was reversed by writ of error because the offence had not been tried by a jury. The ancient practice is further proved by the case of Sir Robert de Scardeburgh, a judge, who in :14 Edward III brought an action of trespass against William Botevileyn and his wife, and subsequently brought a bill of trespass against the same defendants in respect of abuse of the plaintiff in the presence of the justices. The plaintiff prayed that inasmuch as the offence was committed in the presence of the justices they would take the inquest immediately; this was refused, but a writ was sent to the sheriff to cause twelve men to come from the neighbourhood of Westminster 3. A very early case (A.D. I230) shows that a person, who attended in Court at a, day fixed (to answer a charge of proceefding in the Court Christian concerning a lay fee in despite of a prohibition) but departed without leave, was held to be in mercy for contempt of the Court, and his attendance was enforced by a distress upon his lands and goods 4 ; but the amercement, which it will be observed was enforceable against his possessions and not against his person, seems to have been imposed to enforce obedience to the process of the Court and not as a punishment for a contempt in facie, for the offender could avoid the distress by complying. 1 The late Mr. F. Solly-Flood, Q.C., in an article, ' Prince Henry of Monmouth and Chief Justice Gascoign,' Trans. Royal Hist. Soc. (1886), vol. iii. N. S., at p. 147. SCoram Rege Rolls, M1. 5 Edw. III, m. 128. z Year Books, by Pike, 14 Edw. III, pp. 322, 324, 326. 4 Bracton's Note Book, by MIaitland, L. p., 365, case 464.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most