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
Murder is punished by death as follows: "If any man break the King's
peace given by hand or seal, so that he slay the man to whom the peace
was given, both his life and lands shall be in the King's power if he be
taken, and if he cannot be taken he shall be held an outlaw by all, and
if anyone shall be able to slay him he shall have his spoils by law."
The king's peace usually extended to important designated individuals,
churches, assemblies, those traveling to courts or assemblies, and
particular times and places. Often a king would extend his peace to
fugitives from violent feuds if they asked the king, earls, and bishops
for time to pay compensation for their misdeeds. From this came the
practice of giving a portion of the "profits of justice" to such men who
tried the fugitive. The king's peace came to be extended to those most
vulnerable to violence: foreigners, strangers, and kinless persons.
"If anyone by force break or enter any man's court or house to slay or
wound or assault a man, he shall pay 100s. to the King as fine."
"If anyone slay a man within his court or his house, himself and all
his substance are at the King's will, save the dower of his wife if he
have endowed her."
If a person fights and wounds anyone, he is liable for his wer. If he
fells a man to death, he is then an outlaw and is to be seized by
raising the hue and cry. And if anyone kills him for resisting God's law
or the king's, there will be no compensation for his death.
A man could kill a thief over twelve years in the act of carrying off
his property over 8d., e.g. the thief hand-habbende [a thief found with
the stolen goods in his hand] or the thief back-berend [a thief found
carrying stolen goods on his back].
Cattle theft could be dealt with only by speedy pursuit. A person who
had involuntarily lost possession of cattle is to at once raise the hue
and cry. He was to inform the hundredman, who then called the
tithingmen. All these neighbors had to then follow the trail of the cow
to its taker, or pay 30d. to the hundred for the first offense; and 60d.
for the second offense, half to the hundred and half to the lord; and
half a pound [10s.] for the third offense; and forfeiture of all his
property and declared outlaw for the fourth offense. If the hundred
pursued a track into another hundred, notice was to be given to that
hundredman. If he did not go with them, he had to pay 30s. to the king.
If a thief was brought into prison, he was to be released after 40 days
if he paid his fine of 120s. His kindred could become his sureties, to
pay according to his wer if he stole again. If a thief forfeited his
freedom and gave himself up, but his kindred forsook him, and he does
not know of anyone who will make bot for him; let him then do
theow-work, and let the wer abate for the kindred.
Measures and weights of goods for sale shall be correct.
Public-domain text, read in full here on John Shaqi.
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