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
The town of Coventry consisted of a large monastery estate and a large
private estate headed by a lord. The monastery was granted by Edward the
Confessor full freedom and these jurisdictions: sac and soke, toll and
team, hamsocne [the authority to fine a person for breaking into and
making entry by force into the dwelling of another], forestall [the
authority to fine a person for robbing others on the road], bloodwite
[the authority to impose a forfeiture for assault involving bloodshed],
fightwite [the authority to fine for fighting], weordwite [the authority
to fine for manslaughter, but not for willful murder], and mundbryce
[the authority to fine for any breach of the peace, such as trespass on
lands].
Every man was expected to have a lord to whom he gave fealty. He swore
by this fealty oath: "By the Lord, before whom this relic is holy, I
will be to faithful and true, and love all that he loves, and shun all
that he shuns, according to God's law, and according to the world's
principle, and never, by will nor by force, by word nor by work, do
ought of what is loathful to him; on condition that he keep me as I am
willing to deserve, and all that fulfill that our agreement was, when I
to him submitted and chose his will." If a man was homeless or lordless,
his brothers were expected to find him such, e.g. in the folkmote.
Otherwise, he was to be treated as a fugitive and could be slain, and
anyone who had harbored him would pay a penalty. Brothers were also
expected to protect their minor kinsmen.
Marriages were determined by men asking women to marry them. If a woman
said yes, he paid a sum to her kin for her "mund" [jurisdiction or
protection over her] and gave his oath to them to maintain and support
the woman and any children born. As security for this oath, he gave a
valuable object or "wed". The couple were then betrothed. Marriage
ceremonies were performed by priests in churches. The groom had to bring
friends to his wedding as sureties to guarantee his oath to maintain and
support his wife and children. Those who swore to take care of the
children were called their "godfathers". The marriage was written into
church records. After witnessing the wedding, friends ate the great
loaf, or first bread made by the bride. This was the forerunner of the
wedding cake. They drank special ale, the "bride ale" (from hence the
work "bridal"), to the health of the couple.
Women could own land, houses, and furniture and other property. They
could even make wills that disinherited their sons. This marriage
agreement with an Archbishop's sister provides her with land, money, and
horsemen:
Public-domain text, read in full here on John Shaqi.
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