Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
Murder is punished by death as follows: "If any man break the
King's peace given by hand or seal, so that he slay the man to
whom the peace was given, both his life and lands shall be in the
King's power if he be taken, and if he cannot be taken he shall be
held an outlaw by all, and if anyone shall be able to slay him he
shall have his spoils by law." The king's peace usually extended
to important designated individuals, churches, assemblies, those
traveling to courts or assemblies, and particular times and
places. Often a king would extend his peace to fugitives from
violent feuds if they asked the king, earls, and bishops for time
to pay compensation for their misdeeds. From this came the
practice of giving a portion of the "profits of justice" to such
men who tried the fugitive. The king's peace came to be extended
to those most vulnerable to violence: foreigners, strangers, and
kinless persons.
"If anyone by force break or enter any man's court or house to
slay or wound or assault a man, he shall pay 100s. to the King as
fine."
"If anyone slay a man within his court or his house, himself and
all his substance are at the King's will, save the dower of his
wife if he have endowed her."
If a person fights and wounds anyone, he is liable for his wer. If
he fells a man to death, he is then an outlaw and is to be seized
by raising the hue and cry. And if anyone kills him for resisting
God's law or the king's, there will be no compensation for his
death.
A man could kill a thief over twelve years in the act of carrying
off his property over 8d., e.g. the thief hand-habbende [a thief
found with the stolen goods in his hand] or the thief back-berend
[a thief found carrying stolen goods on his back].
Cattle theft could be dealt with only by speedy pursuit. A person
who had involuntarily lost possession of cattle is to at once
raise the hue and cry. He was to inform the hundred-man, who then
called the tithing-men. All these neighbors had to then follow the
trail of the cow to its taker, or pay 30d. to the hundred for the
first offense, and 60d. for the second offense, half to the
hundred and half to the lord, and half a pound [10s.] for the
third offense, and forfeiture of all his property and declared
outlaw for the fourth offense. If the hundred pursued a track into
another hundred, notice was to be given to that hundred-man. If he
did not go with them, he had to pay 30s. to the king.
If a thief was brought into prison, he was to be released after 40
days if he paid his fine of 120s. His kindred could become his
sureties, to pay according to his wer if he stole again. If a
thief forfeited his freedom and gave himself up, but his kindred
forsook him, and he does not know of anyone who will make bot for
him; let him then do theow-work, and let the wer abate for the
kindred.
Measures and weights of goods for sale shall be correct.
Public-domain text, read in full here on John Shaqi.
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