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
No one shall entertain any man for more than three days, unless he is
committed to this charge by the man whom he has been serving. And no
one shall dismiss one of his men from his service until he is quit of
every accusation which has been brought against him.
*If anyone comes upon a thief and of his own accord lets him escape
without raising the hue and cry, he shall make compensation by the
payment of the thief's wergeld, or clear himself with the full oath,
asserting that he did not know him to be guilty of any crime. And if
anyone hears the hue and cry and neglects it, he shall pay the full
fine for insubordination [120s] to the king, or clear himself by the
full oath.
*Regarding thoroughly untrustworthy men, if anyone has forfeited the
confidence of the hundred, and he has charges brought against him to
such an extent that he is accused by three men at once, no other course
shall be open to him but to go to the triple ordeal. If, however, his
lord asserts that he has failed neither in oath nor in ordeal since the
assembly was held at Winchester, the lord shall choose two trustworthy
men within the hundred - unless he has a reeve who is qualified to
discharge this duty - and they shall swear that he has never failed in
oath or ordeal or been convicted of stealing. If the oath is
forthcoming, the man who is accused there shall choose whichever he
will - either the simple ordeal or an oath equivalent to a pound in
value, supported by compurgators found within the three hundreds, in
the case of an object over 30d. in value. If they dare not give the
oath, the accused shall go to the triple ordeal, which shall be opened
by five compurgators selected by the accuser and he himself shall make
a sixth. If the accused is proved guilty, on the first occasion he
shall pay double value to the accuser and his wergeld to the lord who
is entitled to receive his fine, and he shall appoint trustworthy
sureties, that hence forth he will desist from all wrong-doing. And on
the second occasion, if he is proved guilty, there shall be no
compensation but to have his hands or his feet cut off or both,
according to the nature of the offense. And if has wrought still
greater crime, he shall have his eyes put out and his nose and ears and
upper lip cut off or his scalp removed, whichever of these penalties is
determined by those with whom rests the decision of the case; and thus
punishment shall be inflicted, while, at the same time, the soul is
preserved from injury. If, however, he escapes and avoids the ordeal,
his surety shall pay the value of his goods to the plaintiff and the
wergeld of the accused to the king or to the man who is entitled to
receive his wergeld. And if the lord is accused of advising the man who
had done wrong to escape, he shall choose five trustworthy men, and
shall himself make a sixth, and shall clear himself of the accusation.
If he succeeds in clearing himself, he shall be entitled to the
wergeld.
Public-domain text, read in full here on John Shaqi.
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