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
The languages of invaders had produced a hybrid language that
was roughly understood throughout the country. The existence of Europe,
Africa, Asia, and India were known. Jerusalem was thought to be at the
center of the world. There was an annual tax of a penny on every
hearth, Peter's pence, to be collected and sent to the pope in Rome
yearly. Ecclesiastical benefices were to pay church-scot, a payment in
lieu of first fruits of the land, to the pope.
The Law
There were several kings in this period. The king and witan
deliberated on the making of new laws, both secular and spiritual, at
the regularly held witanagemot. There was a standard legal requirement
of holding every man accountable, though expressed in different ways,
such as the following three:
Every freeman who does not hold land must find a lord to answer
for him. Every lord shall be personally responsible as surety for the
men of his household. [This included female lords.] (King Athelstan)
"And every man shall see that he has a surety, and this surety
shall bring and keep him to [the performance of] every lawful duty.
1. -And if anyone does wrong and escapes, his surety shall incur what
the other should have incurred.
2. -If the case be that of a thief and his surety can lay hold of him
within twelve months, he shall deliver him up to justice, and what he
has paid shall be returned to him." (King Edgar)
Every freeman who holds land, except lords with considerable
landed property, must be in a local tithing, usually ten to twelve men,
in which they serve as personal sureties for each other's peaceful
behavior. If one of the ten landholders in a tithing is accused of an
offense, the others have to produce him in court or pay a fine plus pay
the injured party for the offense, unless they could prove that they
had no complicity in it. If the man is found guilty but can not pay,
his tithing must pay his fine. The chief officer is the "tithing man"
or "capital pledge". There were probably ten tithings in a hundred.
(King Edward the Confessor).
Canute reigned from 1016 to 1035. The following are substantially all
the laws of Canute with an * before ones of special interest.
Proclamations of Canute are:
All my reeves, under pain of forfeiting my friendship and all that they
possess and their own lives, shall govern my people justly everywhere,
and to pronounce just judgments with the cognizance of the bishops of
the dioceses, and to inflict such mitigated penalties as the bishop may
approve and the man himself may be able to bear.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account