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
belly 30s., if the wound go through the body 20s. for each opening;
perforating the thigh or hip 30s., if it be disabled 30s.; piercing the
leg below the knee 12s., if he is disabled below the knee 30s.;
striking off the great toe 20s., the second toe 15s., the middle toe
9s., the fourth toe 6s., the little toe 5s.; wounding in the testicles
so that he cannot bear children 80s.; cutting off the arm below the
elbow with the hand cut off 80s., wounding before the hair-line and
below the sleeve and below the knee twice the value; permanently
damaging the loins 60s., it they are stabbed 15s., if they are pierced
through 30s.; wounding in the shoulder if the victim be alive 80s.;
maiming a hand outwardly, providing it can be treated effectively 20s.,
if half the hand be lost 40s.; breaking a rib without breaking the skin
10s., if the skin be broken and the bone be extruded 15s.; cutting away
an eye hand or foot 66s.6 1/3 d.; cutting off the leg at the knee 80s.;
breaking a shoulder 20s.; hacking into a shoulder so that the bone
extrudes 15s.; severing the tendon of the foot and if it can be treated
so that will be sound again 12s., but if he is lame on account of the
wound and he cannot be cured 30s.; severing the lesser tendon 6s.;
severing the muscles up by the neck and damage them so severely that he
has no control over them and however lives on thus maimed 100s., unless
the Witan appoint him a juster and greater sum.
Judicial Procedure
Cases were held at monthly meetings of the hundred court. The
king or one of his reeves, conducted the trial by compurgation, which
was an appeal to the supernatural.
In compurgation, the one complaining, called the "plaintiff",
and the one defending, called the "defendant", each told their story
and put his hand on the Bible and swore "By God this oath is clean and
true". A slip or a stammer would mean he lost the case. Otherwise,
community members would stand up to swear on behalf of the plaintiff or
the defendant as to their reputation for veracity. The value of a man's
oath was commensurate with his value or wergeld. A man's brothers were
usually his compurgators. The number of compurgators varied according
to the nature of the case and the rank of the persons concerned. If
there were too few "compurgators", usually twelve in number, or recited
poorly, their party lost. If this process was inconclusive, the parties
could bring witnesses to declare such knowledge as they had as
neighbors. These witnesses, male and female, swore to particular points
determined by the court.
Public-domain text, read in full here on John Shaqi.
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