Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
The center of government was a collection of tenants-in-chief,
whose feudal duty included attendance when summoned, and certain
selected household servants of the King. The Exchequer became a
separate body. The payments in kind, such as grain or manual services,
from the royal demesnes had been turned into money payments. The great
barons made their payments directly to the Exchequer. The income from
royal estates was received by the Exchequer and then commingled with
the other funds. Each payment was indicated by notches on a stick,
which was then split so that the payer and the receiver each had a half
showing the notches. The Exchequer was the great school for training
statesmen, justices, and bishops. The Chancellor managed the domestic
matters of the Crown's castles and lands. The great offices of state
were sold for thousands of pounds, which caused their holders to be on
their best behavior for fear of losing their money by being discharged
from office. One chancellor paid Henry about 3000 pounds for the
office. Henry brought sheriffs under his strict control, free from
influence by the barons. He maintained order with a strong hand, but
was no more severe than his security demanded.
Forests were still retained by Kings for their hunting of boars
and stags. A master forester maintained them. The boundaries of the
Royal Forests were enlarged. They comprised almost one-third of the
kingdom. Certain inhabitants thereof supplied the royal foresters with
meat and drink and received certain easements and rights of common
therein. The forest law reached the extreme of severity and cruelty
under Henry I. Punishments given included blinding, emasculation, and
execution. Offenders were rarely allowed to substitute a money payment.
When fines were imposed they were heavy.
A substantial number of barons and monasteries were heavily in
debt to the Jews. The interest rate was 43% (2d. per pound per week).
The king taxed the Jews at will.
The Law
Henry restored the death penalty (by hanging) for theft and
robbery, but maintained William I's punishment of mutilation by
blinding and severing of limbs for other offenses, for example, bad
money. He decreed in 1108 that false and bad money should be amended,
so that he who was caught passing bad denarii should not escape by
redeeming himself but should lose his eyes and members. And since
denarii were often picked out, bent, broken, and refused, he decreed
that no denarius or obol, which he said were to be round, or even a
quadrans, if it were whole, should be refused. (Money then reached a
higher level of perfection, which was maintained for the next century.)
Public-domain text, read in full here on John Shaqi.
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