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
Henry de Bracton, a royal justice and the last great
ecclesiastical attorney, wrote an unfinished treatise: A Tract on the
Laws and Customs of England, systematizing and organizing the law of
the court rolls with definitions and general concepts and describing
court practice and procedure. It was influenced by his knowledge of
Roman legal concepts, such as res judicata, and by his own opinions,
such as that the law should go from precedent to precedent. He also
argued that the will and intent to injure was the essence of murder, so
that neither an infant nor a madman should be held liable for such and
that degrees of punishment should vary with the level of moral guilt in
a killing. He thought the deodand to be unreasonable.
Bracton defines the requirements of a valid and effective gift,
still applicable in 2000, as: "It must be complete and absolute, free
and uncoerced, extorted neither by fear nor through force. Let money or
service play no part, lest it fall into the category of purchase and
sale, for if money is involved there will then be a sale, and if
service, the remuneration for it. If a gift is to be valid the donor
must be of full age, for if a minor makes a gift it will be ineffective
since (if he so wishes) it shall be returned to him in its entirety
when he reaches full age. Also let the donor hold in his own name and
not another's, otherwise his gift may be revoked. And let him, at the
least, be of sound mind and good memory, though an invalid, ill and on
his death bed, for a gift make under such conditions will be good if
all the other [requirements] of a valid gift are met. For no one,
provided he is of good memory, ought to be kept from the administration
or disposition of his own property when affected by infirmity, since it
is only then that he must make provision for his family, his household
and relations, given stipends and settle his bequests; otherwise such
persons might suffer damage without fault. But since charters are
sometimes fraudulently drawn and gifts falsely taken to be made when
they are not, recourse must therefore be had to the country and the
neighborhood so that the truth may be declared."
In Bracton's view, a villein could buy his own freedom and the
child of a mixed marriage was free unless he was born in the tenement
of his villein parent.
Judicial Procedure
Public-domain text, read in full here on John Shaqi.
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