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
Under the royalty were the nobles. An earl headed each shire. He
led the array of his shire to do battle if the shire was
attacked. He and the local bishop presided over shire meetings
and meetings of the people. Reeves were appointed by the King as
his representatives in the shires. The reeve took security from
every person for the maintenance of the public peace. He also
brought suspects to court, gave judgments according to the
doom-books, delivered offenders to punishment. By service to the
King, it was possible for a coerl to rise to become a thegn and
to be given land by the King. The King's thegns who got their
position by fighting for the King came to be known as knights.
Other thegns performed functions of magistrates. A thegn was
later identified as a person with five hides of land, a church,
a bell-house, a judicial at the burgh-gate, and an office or
station in the King's hall. Some thegns reached nobility status
with a wergeld of 1200 s. when a freeman's wergeld was 200s. They
also were given a higher legal status in the scale of
punishment, giving credible evidence, and participation in legal
proceedings. The sokemen were freemen who had inherited their
own land, chose their own lord, and attended their lord's court.
That is, their lord has soc jurisdiction over them. A smallholder
rented land of about 30 acres from a landlord, which he paid by
doing work on the lord's demesne [household] land, paying money
rent, or paying a food rent such as in eggs or chickens.
Smallholders made up about two-fifths of the population. A
cottager had one to five acres of land and depended on others for
his living. Among these were shepherds, ploughmen, swineherds,
and blacksmiths. They also participated in the agricultural
work, especially at harvest time.
It was possible for a thegn to acquire enough land to qualify him
for the witan [King's council of wise men, which included
archbishops, bishops, abbots, earls, chief landholders, and
officers of the King's household; and also chose the King's
successor on his death]. Women could be present at the
witenagemot [meeting of the witan, which met three times
annually] and shire-gemot [meeting of the shire]. They could sue
and be sued in the courts. They could independently inherit,
possess, and dispose of property. A wife's inheritance was her
own and under no control of her husband.
Marriage required the consent of the lady and her friends. The
man also had to arrange for the foster-lean, that is, money for
the support of expected children. He also declared the amount of
money or land he would give the lady for her consent, that is,
the morgengift, and what he would bequeath her in case of his
death. If she remarried within a year of his death, she had to
forfeit the morgengift.
Great men and monasteries had millers, smiths, carpenters,
architects, agriculturalists, fishermen, weavers, embroiderers,
dyers, and illuminators.
Public-domain text, read in full here on John Shaqi.
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