Medieval manuscript image of a legal proceeding

Justices in eyre

JUSTICES IN EYRE. In Medieval England, justices in eyre were groups of itinerant (that is, journeying) judges, who brought the King's Law into the six circuits, or eyres, they served. The word "eyre" derived from the Old French "erre", to journey. These errant, or itinerant, judges were commissioned by the King and had, in essence, the powers of the King behind them.

A general eyre usually occurred every seven years and had jurisdiction over all pleas of the crown, all felonies, all suits concerning franchises, as well as private legal disputes. An eyre would begin by being announced to the circuit a few weeks before the arrival of the justices. All freeholders were required to attend. All cases active in the Court of Common Pleas were turned over to the justices in eyre, to be determined before them. Additionally, the justices in eyre were tasked with investigating and adjudicating charges of misconduct or negligence by local officials.

Verdicts could result in injunctions, orders for specific performance, imprisonment, or even capital punishment. However, most often judgments in eyre resulted in "amercements" (or fines) and, as such, in income for the Crown. These fines could be hefty, and could be levied not only against individuals, but against the respective townships, hundreds, and counties. It is not hard to understand why the eyres were dreaded and hated.

The justices interpreted the King's laws; their judgments were entered in long eyre rolls. Bringing the King's law into the districts around the country had a role in creating conformity in legal decisions regardless of geography, and setting precedents for future cases. Thus, the courts of eyre were instrumental in creating English Common Law. The eyres were gradually replaced by assizes and general commissions of Oyer and Terminer in the latter half of the fourteenth century.





Citation:

Jokinen, Anniina. "Justices in Eyre." Luminarium Encyclopedia.
     25 Sep 2017. [Date you accessed the page].
     https://www.luminarium.org/encyclopedia/eyre.htm




Other Local Resources:




Books for further study:

Goodman, Ellen. Origins of the Western Legal Tradition: From Thales to Tudors.
            Federation Press, 1995.

Janin, Hunt. Medieval Justice: Cases and Laws in France, England and Germany.
            Mcfarland & Co Inc, 2004.

Waugh, Scott L. England in the Reign of Edward III.
            Cambridge University Press, 2007.




Resources on the Web:



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This page was created on September 25, 2017. Last updated May 1, 2023.