Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776 — John Shaqi
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
It was usual for a dying man to confess his sins to a priest.
For the sake of his soul, the priest often suggested the man give some
of his chattel to the church, the poor, or other pious uses. By the
700s, the words of a dying man giving chattel for the sake of his soul
were expected to be carried out. Later is the "post obit gift" by which
a man gives land to the church, with the king's consent, but enjoys the
land during his lifetime by stating in writing "I give certain land
after my death" in a special "book". The church takes possession of the
land after his death. He may make a conditional such gift, leaving the
land to his wife for her life with a rent paid to the church and the
church taking possession of the land on her death. These two procedures
coalesce into one written will used in the 800s, 900s, and 1000s. This
will also includes distributions to family and kinsmen and perhaps to
creditors. If the will is made by the very great people: kings, queens,
king's sons, bishops, earldormen, and king's thegns, it requires the
king's consent, which may be bought by a large heriot. And a bishop
usually sets his cross to the will, denouncing any who infringe it to
the torments of hell. The dead man's parish church is paid a mortuary
when he is buried.
The Law
The special authority of the king and his peace gradually
superseded the customary jurisdiction of the local courts as to
preservation of the peace and punishment of offenses. All criminal
offenses became breaches of the king's peace and were deemed acts of
personal disobedience and made an offender the king's enemy. This
notion developed from the special sanctity of the king's house and his
special protection of his attendants and servants. An offender made
fines to the king for breach of his peace and fines and forfeitures to
him from court decisions in criminal and civil cases. Offenses
especially dealt with in various parts of the Anglo-Saxon laws were
treason, homicide, wounding, assault, and theft. Treason to one's lord,
especially to the king, was punishable by death. Compassing or
imagining the king's death was treason.
Public-domain text, read in full here on John Shaqi.
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