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
If any one steal in a church, let him pay the lawful penalty and the
wite, and let the hand be struck off with which he did it. If he will
redeem the hand, and that be allowed him, let him pay as may belong to
his wer.
If a man slanders another, the penalty is no lighter thing than that
his tongue be cut out; which must not be redeemed at any cheaper rate
than it is estimated at according to his wer.
If one deceives an unbetrothed woman and sleep with her, he must pay
for her and have her afterwards to wife. But if her father not approve,
he should pay money according to her dowry.
"If a man seize hold of the breast of a ceorlish woman, let him make
bot to her with 5 shillings. If he throw her down and do not lie with
her, let him make bot with 10 shillings. If he lie with her, let him
make bot with 60 shillings. If another man had before lain with her,
then let the bot be half that. If this befall a woman more nobly born,
let the bot increase according to the wer."
"If any one, with libidinous intent, seize a nun either by her raiment
or by her breast without her leave, let the bot be twofold, as we have
before ordained concerning a laywoman."
"If a man commit a rape upon a ceorl's female slave, he must pay bot to
the ceorl of 5 shillings and a wite [fine to the King] of 60 shillings.
If a male theow rape a female theow, let him make bot with his
testicles."
For the first dog bite, the owner pays 6 shillings, for the second, 12
shillings, for the third, 30 shillings.
An ox which gores someone to death shall be stoned.
If one steals or slays another's ox, he must give two oxen for it.
The man who has land left to him by his kindred must not give it away
from his kindred, if there is a writing or witness that such was
forbidden by those men who at first acquired it, and by those who gave
it to him; and then let that be declared in the presence of the king and
of the bishop, before his kinsmen.
- Judicial Procedure -
Cases were held at monthly meetings of the hundred court. The king or
one of his reeves, conducted the trial by compurgation.
In compurgation, the one complaining, called the "plaintiff", and the
one defending, called the "defendant", each told their story and put his
hand on the Bible and swore "By God this oath is clean and true". A slip
or a stammer would mean he lost the case. Otherwise, community members
would stand up to swear on behalf of the plaintiff or the defendant as
to their reputation for veracity. The value of a man's oath was
commensurate with his value or wergeld. A man's brothers were usually
his compurgators. If these "compurgators" were too few, usually twelve
in number, or recited poorly, their party lost. If this process was
inconclusive, the parties could bring witnesses to declare such
knowledge as they had as neighbors. These witnesses, male and female,
swore to particular points determined by the court.
Public-domain text, read in full here on John Shaqi.
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