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
Debts to townsmen were recoverable by this law: "If a burgess has
a gage [a valuable object held as security for carrying out an
agreement] for money lent and holds this for a whole year and a
day, and the debtor will not deny the debt or deliver the gage,
and this is proved, the burgess may sell the gage before good
witnesses for as much as he can, and deduct his money from the
sum. If any money is over he shall return it to the debtor. But if
there is not enough to pay him, he shall take distress again for
the amount that is lacking."
Past due rent in a borough was punishable by payment of 10s. as
fine.
Judicial activity encouraged the recording of royal legislation in
writing which both looked to the past and attempted to set down
law current in Henry's own day. The "Liberi Quadripartitus" aimed
to include all English law of the time. This showed an awareness
of the ideal of written law as a statement of judicial principles
as well as of the practice of kingship. In this way, concepts of
Roman law used by the Normans found their way into English law.
Church law provided that only consent between a man and woman was
necessary for marriage. There needn't be witnesses, ceremony, nor
consummation. Consent could not be coerced. Penalties in marriage
agreements for not going through with the marriage were deemed
invalid. Villeins and slaves could marry without their lords' or
owners' permission. A couple living together could be deemed
married. Persons related by blood within certain degrees, which
changed over time, of consanguinity were forbidden to marry. This
was the only ground for annulment of a marriage. A legal
separation could be given for adultery, cruelty, or heresy.
Annulment, but not separation, could result in remarriage. Fathers
were usually ordered to provide some sustenance and support for
their illegitimate children. The court punished infanticide and
abortion. Counterfeiters of money, arsonists, and robbers of
pilgrims and merchants were to be excommunicated. Church sanctuary
was to be given to fugitives of violent feuds until they could be
given a fair trial.
- Judicial Procedure -
Courts extant now are the Royal Court, the King's Court of the
Exchequer, county courts, and hundred courts, which were under the
control of the King. His appointed justices administered justice
in these courts on regular circuits. The sheriff now only produced
the proper people and preserved order at the county courts and
presided over the nonroyal pleas and hundred courts. He empaneled
recognitors, made arrests, and enforced the decisions of the royal
courts. Also there are manor courts, borough courts, and
ecclesiastical courts. In the manor courts, the lord's reeve
generally presided. The court consisted of the lord's vassals and
declared the customs and law concerning such offenses as failure
to perform services and trespass on manorial woods, meadow, and
pasture.
Public-domain text, read in full here on John Shaqi.
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