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
Any inanimate or animate object or personal chattel which was
found by a court to be the immediate cause of death was forfeited as
"deodand", for instance, a tree from which a man fell to his death, a
beast which killed a man, a sword of a third party not the slayer that
was used to kill a man. The deodand was to go to the dead man's kin so
they could wreak their vengeance on it, which in turn would cause the
dead man to lie in peace.
This is a lawsuit regarding rights to feed pigs in a certain
woodland: "In the year 825 which had passed since the birth of Christ,
and in the course of the second Indiction, and during the reign of
Beornwulf, King of Mercia, a council meeting was held in the famous
place called Clofesho, and there the said King Beornwulf and his
bishops and his earls and all the councilors of this nation were
assembled. Then there was a very noteworthy suit about wood pasture at
Sinton, towards the west in Scirhylte. The reeves in charge of the
pigherds wished to extend the pasture farther, and take in more of the
wood than the ancient rights permitted. Then the bishop and the
advisors of the community said that they would not admit liability for
more than had been appointed in AEthelbald's day, namely mast for 300
swine, and that the bishop and the community should have two thirds of
the wood and of the mast. The Archbishop Wulfred and all the councilors
determined that the bishop and the community might declare on oath that
it was so appointed in AEthelbald's time and that they were not trying
to obtain more, and the bishop immediately gave security to Earl
Eadwulf to furnish the oath before all the councilors, and it was
produced in 30 days at the bishop's see at Worcester. At that time Hama
was the reeve in charge of the pigherds at Sinton, and he rode until he
reached Worcester, and watched and observed the oath, as Earl Eadwulf
bade him, but did not challenge it. Here are the names and designations
of those who were assembled at the council meeting ..."
Chapter 3
The Times: 900-1066
There were many large landholders such as the King, earls, and
bishops. Earls were noblemen by birth, and often relatives of the King.
They were his army commanders and the highest civil officials, each
responsible for a shire. A breach of the public peace of an earl would
occasion a fine. Lower in social status were freemen: sokemen, and
then, in decreasing order, villani [villeins], bordarii, and cottarii.
The servi were the slaves. Probably all who were not slaves were
freemen.
Public-domain text, read in full here on John Shaqi.
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