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
husband die first.
79. If she wish to go away with her children, she shall have half the
property.
80. If the husband wish to keep them [the children], [she shall have
the same portion] as one child.
81. If she bear no child, her paternal kindred shall have the fioh [her
money and chattels] and the morgen-gyfe [morning gift: a gift made to
the bride by her husband on the morning following the consummation of
the marriage].
82. If a man carry off a maiden by force, let him pay 50 shillings to
her controller, and afterwards buy the consent of the controller [to
the marriage].
83. If she be betrothed to another man and money has changed hands, let
him [who carried her off] make bot [to the intended bridegroom] with 20
shillings.
84. If restitution [of the girl] is made, bot of 35 shillings; and 15
shillings to the King.
85. If a man lie with an esne's [slave's]wife, her husband still
living, let him make twofold bot.
86. If one esne [slave] slay another unoffending, let him pay for him
at his full worth.
87. If an esne's [slave's] eye and foot be struck out or off, let him
be paid for at his full worth.
88. If any one bind another man's esne [slave], let him make bot with 6
shillings.
89. Let [compensation for] weg-reaf [highway robbery] of a theow
[slave] be 3 shillings.
90. If a theow steal, let him [the owner] make twofold bot [twice the
value of the stolen goods]."
Judicial Procedure
The King and his freemen would hear and decide cases of
wrongful behavior such as breach of the peace. Punishment would be
given to the offender by the community. The bots, wers, and wites were
high and often could not be paid. If a man could not or would not pay,
he could be outlawed, to be killed by anyone with impunity or punished
by hanging; beheading; burning; drowning; stoning; precipitation from a
cliff; loss of ears, nose, upper-lip, hands and feet; castration;
flogging; or sale into slavery.
There were occasional meetings of "hundreds", which were 100
households, to settle widespread disputes. The chief officer was
"hundreder" or "constable". He was responsible for keeping the peace of
the hundred.
The concept of a wrong to a person or his kindred is still
primary and that of offense to the community secondary. Very slowly did
the concept emerge that that members of the community must be content
with legal remedies and must not seek private vengeance and that public
offenses cannot be altered by private agreement.
The Druid priests decided all disputes of the Celts.
Chapter 2
The Times: 600-900
The country was inhabited by Anglo-Saxons. The French called it
"Angleterre", which means the angle or end of the earth. It was called
"Angle land", which later became "England".
Public-domain text, read in full here on John Shaqi.
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