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 languages of invaders had produced a hybrid language that was
roughly understood throughout the country. The existence of Europe,
Africa, Asia, and India were known. Jerusalem was thought to be at the
center of the world. There was an annual tax of a penny on every hearth,
Peter's pence, to be collected and sent to the pope in Rome.
Ecclesiastical benefices were to pay church- scot, a payment in lieu of
first fruits of the land, to the pope.
- The Law -
The king and witan deliberated on the making of new laws, both secular
and spiritual, at the regularly held witanagemot. There was a standard
legal requirement of holding every man accountable, though expressed in
different ways, such as the following three:
Every freeman who does not hold land must find a lord to answer for
him. The act of homage was symbolized by holding his hands together
between those of his lord. Every lord shall be personally responsible as
surety for the men of his household. [This included female lords.] (King
Athelstan)
"And every man shall see that he has a surety, and this surety shall
bring and keep him to [the performance of] every lawful duty.
1. And if anyone does wrong and escapes, his surety shall incur what
the other should have incurred.
2. If the case be that of a thief and his surety can lay hold of him
within twelve months, he shall deliver him up to justice, and what he
has paid shall be returned to him." (King Edgar)
Every freeman who holds land, except lords with considerable landed
property, must be in a local tithing, usually ten to twelve men, in
which they serve as personal sureties for each other's peaceful
behavior. If one of the ten landholders in a tithing is accused of an
offense, the others have to produce him in court or pay a fine plus pay
the injured party for the offense, unless they could prove that they had
no complicity in it. If the man is found guilty but can not pay, his
tithing must pay his fine. The chief officer is the "tithing man" or
"capital pledge". There were probably ten tithings in a hundred. (King
Edward the Confessor).
Everyone was to take an oath not to steal, which one's surety would
compel one to keep.
No one may receive another lord's man without the permission of this
lord and only if the man is blameless towards every hand. The penalty is
the bot for disobedience. No lord was to dismiss any of his men who had
been accused, until he had made compensation and done right.
"No woman or maiden shall be forced to marry a man she dislikes or
given for money."
"Violence to a widow or maiden is punishable by payment of one's
wergeld."
No man may have more wives than one.
Public-domain text, read in full here on John Shaqi.
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