Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition — John Shaqi
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
Under the earls were the thegns. By service to the King, it was
possible for a coerl to rise to become a thegn and to be given land by
the King. Other thegns performed functions of magistrates. A thegn was
later identified as a person with five hides of land, a kitchen, a
church, a bell house, a judicial place at the burhgemote [a right of
magistracy], and an appointment in the King's hall. He was bound to
service in war by virtue of his landholding instead of by his
relationship to the king. Nobility was now a territorial attribute,
rather than one of birth. The wergeld of a thegn was 1200s. when that of
a ceorl or ordinary freeman was 200s. The wergeld of an earl or bishop
was four times that of a thegn: 5800s. The wergeld of a king or
archbishop was six times that of a thegn: 7200s. The higher a man's
wergeld, the higher was his legal status in the scale of punishment,
giving credible evidence, and participation in legal proceedings. The
sokemen were freemen who had inherited their own land, chose their own
lord, and attended and were subject to their lord's court. That is,
their lord has soke [soc] jurisdiction over them. A ceorl typically had
a single hide of land. A smallholder rented land of about 30 acres from
a landlord, which he paid by doing work on the lord's demesne [household
or messuage] land, paying money rent, or paying a food rent such as in
eggs or chickens. Smallholders made up about two fifths of the
population. A cottager had one to five acres of land and depended on
others for his living. Among these were shepherds, ploughmen,
swineherds, and blacksmiths. They also participated in the agricultural
work, especially at harvest time.
It was possible for a thegn to become an earl, probably by the
possession of forty hides. He might even acquire enough land to qualify
him for the witan. Women could be present at the witanagemot and
shiregemote [meeting of the people of the shire]. They could sue and be
sued in the courts. They could independently inherit, possess, and
dispose of property. A wife's inheritance was her own and under no
control of her husband.
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