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
If any one steal in a church, let him pay the lawful penalty and
the wite, and let the hand be struck off with which he did it.
If he will redeem the hand, and that be allowed him, let him pay
as may belong to his wer.
If a man slanders another, the penalty is no lighter thing than
that his tongue be cut out; which must not be redeemed at any
cheaper rate than it is estimated at according to his wer.
If one deceives an unbetrothed woman and sleep with her, he must
pay for her and have her afterwards to wife. But if her father not
approve, he should pay money according to her dowry.
"If a man seize hold of the breast of a ceorlish woman, let him
make bot to her with 5 shillings. If he throw her down and do not
lie with her, let him make bot with 10 shillings. If he lie with
her, let him make bot with 60 shillings. If another man had before
lain with her, then let the bot be half that. ... If this befall a
woman more nobly born, let the bot increase according to the wer."
"If any one, with libidinous intent, seize a nun either by her
raiment or by her breast without her leave, let the bot be
twofold, as we have before ordained concerning a laywoman."
"If a man commit a rape upon a ceorl's female slave, he must pay
bot to the ceorl of 5 shillings and a wite [fine to the King] of
60 shillings. If a male theow rape a female theow, let him make
bot with his testicles."
For the first dog bite, the owner pays 6 shillings, for the
second, 12 shillings, for the third, 30 shillings.
An ox which gores someone to death shall be stoned.
If one steals or slays another's ox, he must give two oxen for it.
The man who has land left to him by his kindred must not give it
away from his kindred, if there is a writing or witness that
such was forbidden by those men who at first acquired it, and by
those who gave it to him; and then let that be declared in the
presence of the king and of the bishop, before his kinsmen.
- Judicial Procedure -
Cases were held at monthly meetings of the hundred court. The king
or one of his reeves, conducted the trial by compurgation.
In compurgation, the one complaining, called the "plaintiff", and
the one defending, called the "defendant", each told their story
and put his hand on the Bible and swore "By God this oath is clean
and true". A slip or a stammer would mean he lost the case.
Otherwise, community members would stand up to swear on behalf of
the plaintiff or the defendant as to their reputation for
veracity. The value of a man's oath was commensurate with his
value or wergeld. A man's brothers were usually his compurgators.
If these "compurgators" were too few, usually twelve in number, or
recited poorly, their party lost. If this process was
inconclusive, the parties could bring witnesses to declare such
knowledge as they had as neighbors. These witnesses, male and
female, swore to particular points determined by the court.
Public-domain text, read in full here on John Shaqi.
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