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
The languages of invaders had produced a hybrid language that was
roughly understood throughout the country. The existence of
Europe, Africa, Asia, and India were known. Jerusalem was thought
to be at the center of the world. There was an annual tax of a
penny on every hearth, Peter's pence, to be collected and sent to
the pope in Rome. Ecclesiastical benefices were to pay church-
scot, a payment in lieu of first fruits of the land, to the pope.
- The Law -
The king and witan deliberated on the making of new laws, both
secular and spiritual, at the regularly held witanagemot. There
was a standard legal requirement of holding every man accountable,
though expressed in different ways, such as the following three:
Every freeman who does not hold land must find a lord to answer
for him. The act of homage was symbolized by holding his hands
together between those of his lord. Every lord shall be personally
responsible as surety for the men of his household. [This included
female lords.] (King Athelstan)
"And every man shall see that he has a surety, and this surety
shall bring and keep him to [the performance of] every lawful
duty.
1. And if anyone does wrong and escapes, his surety shall incur
what the other should have incurred.
2. If the case be that of a thief and his surety can lay hold of
him within twelve months, he shall deliver him up to justice,
and what he has paid shall be returned to him." (King Edgar)
Every freeman who holds land, except lords with considerable
landed property, must be in a local tithing, usually ten to twelve
men, in which they serve as personal sureties for each other's
peaceful behavior. If one of the ten landholders in a tithing is
accused of an offense, the others have to produce him in court or
pay a fine plus pay the injured party for the offense, unless they
could prove that they had no complicity in it. If the man is found
guilty but can not pay, his tithing must pay his fine. The chief
officer is the "tithing man" or "capital pledge". There were
probably ten tithings in a hundred. (King Edward the Confessor).
Everyone was to take an oath not to steal, which one's surety
would compel one to keep.
No one may receive another lord's man without the permission of
this lord and only if the man is blameless towards every hand. The
penalty is the bot for disobedience. No lord was to dismiss any of
his men who had been accused, until he had made compensation and
done right.
"No woman or maiden shall be forced to marry a man she dislikes or
given for money."
"Violence to a widow or maiden is punishable by payment of one's
wergeld."
No man may have more wives than one.
Public-domain text, read in full here on John Shaqi.
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