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 thou would have health and vigor Shun cares and avoid anger. Be
temperate in eating And in the use of wine. After a heavy meal Rise and
take the air Sleep not with an overloaded stomach And above all thou
must Respond to Nature when she calls."
The Conquerer allowed Jewish traders to follow him from Normandy and
settle in separate sections of the main towns. Then engaged in long
distance trade, money changing, and money lending. They loaned money for
interest for the building of castles and cathedrals. Christians were not
allowed by the church to engage in this usury. The Jews could not become
citizens nor could they have standing in the local courts. Instead, a
royal justiciar secured justice for them. They could practice their own
religion.
William the Conquerer was succeeded as king by his son William II
(Rufus), who transgressed many of the customs of the nation to get more
money for himself. He was killed by an arrow of a fellow hunter while
they and William's younger brother Henry were hunting together in a
crown forest. Henry then became king.
- The Law -
The Norman conquerors brought no written law, but affirmed the laws of
the nation. Two they especially enforced were:
1. Anyone caught in the act of digging up the King's road, felling a
tree across it, or attacking someone so that his blood spilled on it
shall pay a fine to the King.
2. All freemen shall have a surety who would hand him over to justice
for his offenses or pay the damages or fines due. If an accused man
fled, his surety would have a year to find him to obtain reimbursement.
The Conquerer proclaimed that:
No cattle shall be sold except in towns and before three witnesses.
For the sale of ancient chattels, there must be a surety and a
warrantor.
No man shall be sold over the sea. (This ended the slave trade at the
port of Bristol.)
The death penalty for persons tried by court is abolished.
- Judicial Procedure -
"Ecclesiastical" courts were created for bishops to preside over cases
concerning the cure of souls and criminal cases, in which the ordeal was
used. When the Conquerer did not preside over this court, an appeal
could be made to him.
The hundred and county courts now sat without clergy and handled only
"civil" cases. They were conducted by the King's own appointed sheriff.
Only freemen and not bound villeins had standing in this court. They
continued to transact their business in the English language.
The local jurisdictions of thegns who had grants of sac and soke or who
exercised judicial functions among their free neighbors were now called
"manors" under their new owners, who conducted a manor court.
Public-domain text, read in full here on John Shaqi.
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