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
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 impaneled
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.
The King's Royal Court heard issues concerning the Crown and
breaches of the King's peace, which included almost all criminal
matters. The most serious offenses: murder, robbery, rape,
abduction, arson, treason, and breach of fealty, were now called
felonies. Other offenses were: housebreaking, ambush, certain
kinds of theft, premeditated assault, and harboring outlaws or
excommunicants. Henry personally presided over hearings of
important legal cases. He punished crime severely. Offenders were
brought to justice not only by the complaint of an individual or
local community action, but by official prosecutors. A prosecutor
was now at trials as well as a justice. Trial is still by
compurgation. Trial by combat was relatively common.
These offenses against the king placed merely personal property
and sometimes land at the king's mercy. Thus the Crown increased
the range of offenses subject to its jurisdiction and arrogated to
itself profits from the penalties imposed. A murderer could be
given royal pardon from the death penalty so that he could pay
compensation to the relatives.
Public-domain text, read in full here on John Shaqi.
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