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
Every trustworthy man, who has never earned a bad reputation and who
has never failed either in oath or in ordeal, shall be entitled to
clear himself within the hundred by the simple oath of exculpation. For
an untrustworthy man compurgators for the simple oath shall be selected
within three hundreds, and for the triple oath, throughout the district
under the jurisdiction of the borough court; otherwise he shall go to
the ordeal. When a simple oath of exculpation is involved, the case
shall be begun with a simple oath of accusation; but where a triple
oath of exculpation is involved, it shall be begun with a triple oath
of accusation. A thegn may have a trustworthy man give his oath of
accusation for him.
No man may vouch to warranty unless he has three trustworthy witnesses
to declare whence he acquired the stock which is attached in his
possession. The witnesses shall declare that, in bearing testimony on
his behalf to the effect that he acquired it legally, they are speaking
the truth, in accordance with what they saw with their eyes and heard
with their ears.
*No one shall buy anything over 4d. in value, either livestock or other
property, unless he has four men as trustworthy witnesses, whether the
purchase be made within a town or in the open country. If, however, any
property is attached, and he who is in possession of it has no such
witnesses, no vouching to warranty shall be allowed, but the property
shall be given up to its rightful owner and also the supplementary
payment, and the fine to the party who is entitled thereto. And if he
has witnesses in accordance with what we have declared above, vouching
to warranty shall take place three times. On the fourth occasion he
shall prove his claim to it or give it back to its rightful owner. No
one shall claim ownership where fraud is involved.
*If anyone who is of bad reputation and unworthy of public confidence
fails to attend the court meetings three times, men shall be chosen
from the fourth meeting who shall ride to him, and he may then still
find a surety, if he can. If he cannot, they shall seize him either
alive or dead, and they shall take all that he has. And they shall pay
to the accuser the value of his goods, and the lord shall take half of
what remains and the hundred half. And if anyone, either kinsman or
stranger, refuses to ride against him, he shall pay the king 120s.
*The proved thief and he who has been discovered in treason against his
lord, whatever sanctuary he seeks, shall never be able to save his life.
He who in court tries to protect himself or one of his men by bringing
a countercharge shall have wasted his words, and shall meet the charge
brought by his opponent in such a way as the hundred court shall
determine.
Public-domain text, read in full here on John Shaqi.
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