Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
Only those imprisoned for the smaller offenses of a single
incidence of petty larceny, receipt of felons, or accessory
to a felony, or some other trespass not punishable by life
or limb shall be let out by sufficient surety. Prisoners who
were outlawed or escaped from prison or are notorious
thieves or were imprisoned for felonious house burning,
passing false money, counterfeiting the King's seal, treason
touching the king himself, or other major offenses or have
been excommunicated by the church may not be released.
Killing in self-defense and by mischance shall be pardoned
from the King's indictment. Killing by a child or a person
of unsound mind shall be pardoned from the King's
indictment. (But a private accuser can still sue.)
Any man who ravishes [abducts] any woman without her consent
or by force shall have the criminal penalty of loss of life
or limb. (The criminal penalty used to be just two years in
prison.)
Trespasses in parks or ponds shall be punished by
imprisonment for three years and a fine as well as paying
damages to the wronged person. After his imprisonment, he
shall find a surety or leave the nation.
"Forasmuch as there have been often times found in the
country devisors of tales, where discord, or occasion of
discord, has many times arisen between the King and his
people, or great men of this realm; For the damage that has
and may thereof ensue, it is commanded, that from henceforth
none be so hardy to tell or publish any false news or tales,
whereby discord or occasion of discord or slander may grow
between the King and his people, or the great men of the
realm." Anyone doing so shall be imprisoned until he brings
into the court the first author of the tale.
A system of registration and enforcement of commercial
agreements was established by statute. Merchants could
obtain a writing of a debt sealed by the debtor and
authenticated by royal seal or a seal of a mayor of certain
towns, and kept by the creditor. Failure to pay a such a
debt was punishable by imprisonment and, after three months,
the selling of borough tenements and chattels and of county
lands. During the three months, the merchant held this
property in a new tenure of "statute merchant". (Prior to
this, it was difficult for a foreign merchant to collect a
debt because he could not appear in court which did not
recognize him as one of its proper "suitors" or
constituents, so he had to trust a local attorney. Also, the
remedy was inadequate because the history of the law of debt
was based on debt as a substitute for the blood feud, so
that failure to pay meant slavery or death. Also a debtor's
land was protected by feudal custom, which was contrary to
the idea of imposing a new tenant on a lord.)
"In no city, borough, town, market, or fair shall a person
of the realm be distrained for a debt for which he is not
the debtor or pledge."
Public-domain text, read in full here on John Shaqi.
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