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
If a man accuses another of theft and the latter is a free man and can
produce witnesses to prove that he is entitled to the benefit of the
law, he shall clear himself by the simple oath (of exculpation). And
those who have been (previously) accused shall clear themselves by the
oath with selected compurgators, that is by means of 14 qualified men
nominated (by the court) of whom 11 must act as the accused man's
compurgators to clear him of the charge, if he can find as many to do
so. And if he cannot find them, he shall defend himself against the
charge by the ordeal. And the plaintiff shall swear by means of 7 men
nominated (by the court), of whom 5 must act as his compurgators, that
he does nothing through malice or for any other reason than to obtain
his legal right.
And if anyone is accused of breaking into a church or a treasury, and
has no previous convictions, he shall clear himself with 11
compurgators found among 14 qualified men nominated (by the court). And
if he has been previously accused, he shall clear himself with three
times as many, namely with 35 compurgators found among 42 qualified men
nominated (by the court). And if he cannot find them, he shall go to
the triple ordeal, just as he had (to produce) a triple oath. And if he
has previously paid compensation for theft, he shall go to the water
ordeal.
He who gives a false judgment shall forfeit his wergeld to his lord,
unless he can swear on the holy relics that he did not know how to give
a better decision.
No one shall be condemned to death for a trivial crime, but another
penalty shall be devised according to the nature and magnitude of the
crime.
He who makes an unjust judgment because of rage, malice, or bribery
forfeits 40s. to the king and loses his right of jurisdiction.
A judgment given in a case between those concerned cannot affect
injuriously others who are not present.
He who refuses to observe just law and just judgment shall forfeit a
fine to the party who is entitled thereto, the king 6 pounds, an earl
40s. and to all those who have a court in England.
No one shall appeal to the king until he fails to obtain justice in the
hundred or county courts.
"When a man carries on a suit in any court other than that in which the
king is present in person, and it is maintained against him that he has
said something which he will not acknowledge - if he can prove by means
of a trustworthy man, who has seen and heard all the suit, that he did
not say it, then the validity of his word shall be admitted."
"And if anyone who has charges brought against him in the hundred court
to such an extent that 4 men accuse him, he shall clear himself with 11
compurgators."
Public-domain text, read in full here on John Shaqi.
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