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 forests were peculiarly subject to the absolute will of the
king. They were outside the common law. Their unique customs and laws
protected the peace of the animals rather than the king's subjects.
Only special officials on special commissions heard their cases.
The form of oaths for compurgation were specified for theft of
cattle, unsoundness of property bought, and money owed for a sale. The
defendant denied the accusation by sweating that "By the Lord, I am
guiltless, both in deed and counsel, and of the charge of which ...
accuses me." A compurgator swore that "By the Lord, the oath is clean
and unperjured which ... has sworn.". A witness swore that "In the name
of Almighty God, as I here for ... in true witness stand, unbidden and
unbought, so I with my eyes oversaw, and with my ears overheard, that
which I with him say."
If a theow man was guilty at the ordeal, he was not only to
give compensation, but was to be scourged thrice, or a second geld
[compensation] be given; and be the wite of half value for theows.
This lawsuit between a son and his mother over land was heard
at a shire meeting: "Here it is declared in this document that a shire
meeting sat at Aylton in King Cnut's time. There were present Bishop
AEthelstan and Earl Ranig and Edwin, the Earl's son, and Leofwine,
Wulfsige's son, and Thurkil the White; and Tofi the Proud came there on
the King's business, and Bryning the sheriff was present, and
AEthelweard of Frome and Leofwine of Frome and Godric of Stoke and all
the thegns of Herefordshire. Then Edwin, Enneawnes son, came traveling
to the meeting and sued his own mother for a certain piece of land,
namely Wellington and Cradley. Then the bishop asked whose business it
was to answer for his mother, and Thurkil the White replied that it was
his business to do so, if he knew the claim. As he did not know the
claim, three thegns were chosen from the meeting [to ride] to the place
where she was, namely at Fawley, and these were Leofwine of Frome and
AEthelsige the Red and Winsige the seaman, and when they came to her
they asked her what claim she had to the lands for which her son was
suing her. Then she said that she had no land that in any way belonged
to him, and was strongly incensed against her son, and summoned to her
kinswoman, Leofflaed, Thurkil's wife, and in front of them said to her
as follows: 'Here sits Leofflaed, my kinswoman, to whom, after my
death, I grant my land and my gold, my clothing and my raiment and all
that I possess.' And then she said to the thegns: 'Act like thegns, and
duly announce my message to the meeting before all the worthy men, and
tell them to whom I have granted my land and all my property, and not a
thing to my own son, and ask them to be witnesses of this.' And they
did so; they rode to the meeting and informed all the worthy men of the
charge that she had laid upon them. Then Thurkil the White stood up in
Public-domain text, read in full here on John Shaqi.
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