Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
There were local courts of the vill, borough, manor, hundred,
county, sheriff, escheator, and royal bailiff, with overlapping
jurisdictions. The most common plea in the hundred court was
trespass. It also heard issues concerning services arising out
of land, detention of chattels, small debts, maiming of animals,
and personal assaults and brawls not amounting to felony. Twice
a year the sheriff visited each hundred in the shire to hold a
tourn or court for small criminal cases. Everyone who held
freehold land in the hundred except the greater magnates had to
attend or be fined for absence. The sheriff annually viewed
frankpledge, in which every layman without land that could be
forfeited for felony, including villeins, were checked for being
in a tithing, a group of neighbors responsible for each other's
good conduct. This applied to every boy who had reached the age
of twelve. He had to swear on the Bible "I will be a lawful man
and bear loyalty to our lord the king and his heirs, and I will
be justicable to my chief tithing man, so help me God and the
saints." Each tithing man paid a penny to the sheriff.
In the manor courts, actions of debt, detinue, and covenant were
frequent. Sometimes there are questions of a breach of warranty
of title in agreements of sale of land. Accusations of
defamation were frequent; this offense could not be taken to the
King's court, but it had been recognized as an offense in the
Anglo-Saxon laws. In some cases, the damages caused are
specifically stated. For instance, defamation of a lord's grain
cause other purchasers to forbear buying it. There are frequent
cases of ordinary thefts, trespasses, and assaults. The courts
did rough but substantial justice without distinction between
concepts such as tort and contract. In fact, the action of
covenant was the only form of agreement enforceable at common
law. It required a writing under seal and awarded damages. Their
law was not technical, but elastic, and remedies could include
injunctions, salary attachment, and performance of acts.
The precedent for punishment for treason was established by the
conviction of a knight, David ab Gruffydd, who had turned
traitor to the Welsh enemy during the conquest of Wales and
plotted to kill the King. He was condemned to be dragged at the
heels of horses for being a traitor to his knightly vows, hanged
by the neck for his murders, cut down before consciousness left
him to have his entrails cut out for committing his crimes
during the holy week of Easter, and his head cut off and his
body divided into four parts for plotting against the King's
life. The head and body sections were placed in public view at
various locations in the nation. Prior to this the penalty was
imprisonment usually followed by ransom.
Public-domain text, read in full here on John Shaqi.
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