Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth — John Shaqi
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
If this process was inconclusive, the defendant was told to go to
church and to take the sacrament only if he were innocent. If he
took the sacrament, he was tried by the process of "ordeal". In
the ordeal by cold water, he was bound hand and foot and then
thrown into water. If he floated, he was guilty. If he sank, he
was innocent. It was not necessary to drown to be deemed
innocent. In the ordeal by hot water, he had to pick up a stone
from inside a boiling cauldron. If his hand was healing in three
days, he was innocent. If it was festering, he was guilty. A
similar ordeal was that of hot iron, in which one had to carry in
his hands a hot iron for a certain distance. Although the results
of the ordeal were taken to indicate the will of God, the
official conducting the ordeal could adjust its parameters so
that a person with a guilty demeanor would be found guilty and a
person with an innocent demeanor found innocent. The ordeal seems
to favor the physically fit, because a person who was not fat
would tend to sink and a person who was in good health would
have prompt healing of burns. Presumably a person convicted of
murder, i.e. killing by stealth, or robbery [taking from a
person's robe, that is, his person or breaking into his home to
steal] would be hung and his possessions confiscated.
The issue of rights to herd pigs to feed in certain woodland was
heard in this lawsuit:
"In the year 825 which had passed since the birth of Christ, and
in the course of the second Indiction, and during the reign of
Beornwulf, King of Mercia, a council meeting was held in the
famous place called Clofesho, and there the said King Beornwulf
and his bishops and his earls and all the councilors of this
nation were assembled. Then there was a very noteworthy suit
about wood-pasture at Sinton, towards the west in Scirhylte. The
reeves in charge of the pigherds wished to extend the pasture
farther, and take in more of the wood than the ancient rights
permitted. Then the bishop and the advisors of the community said
that they would not admit liability for more than had been
appointed in AEthelbald's day, namely mast for 300 swine, and
that the bishop and the community should have two-thirds of the
wood and of the mast. They Archbishop Wulfred and all the
councilors determined that the bishop and the community might
declare on oath that it was so appointed in AEthelbald's time and
that they were not trying to obtain more, and the bishop
immediately gave security to Earl Eadwulf to furnish the oath
before all the councilors, and it was produced in 30 days at the
bishop's see at Worcester. At that time Hama was the reeve in
charge of the pigherds at Sinton, and he rode until he reached
Worcester, and watched and observed the oath, as Earl Eadwulf
bade him, but did not challenge it.
Here are the names and designations of those who were assembled
at the council meeting ..."
Chapter 3
The Times: 900-1066
Public-domain text, read in full here on John Shaqi.
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