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
Every free man who held land had to be in a local tithing,
usually about ten men, in which they served as personal sureties
for each other's peaceful behavior [frankpledge]. If one of them
were accused of an offense, the others had to produce him in
court or pay for the offense, unless they could prove that they
had no complicity in it.
"And every man shall see that he has a surety, and this surety
shall bring and keep him to [the performance of] every lawful
duty.
1. And if anyone does wrong and escapes, his surety shall incur
what the other should have incurred.
2. If the case be that of a thief and his surety can lay hold of
him within 12 months, he shall deliver him up to justice, and
what he has paid shall be returned to him."
Only a priest could declare a marriage. The groom had to bring
friends to his wedding as sureties to guarantee his oath to
maintain and support his wife and children. Those who swore to
take care of the children were called their "godfathers".
"No woman or maiden shall be forced to marry a man she dislikes
or given for money."
"Violence to a widow or maiden is punishable by payment of one's
wergeld."
No man shall have more wives than one.
No man may marry among his own kin within six degrees of
relationship or with the widow of a man as nearly related to him
as that, or with a near relative of his first wife's, or his
god-mother, or a divorced woman. Incest is punishable by payment
of one's wergeld or a fine or forfeiture of all his possessions.
Grounds for divorce were mutual consent or adultery or desertion.
Adultery was prohibited for men as well as for women.
Prostitutes shall be driven out of the land or destroyed in the
land, unless they cease from their wickedness and make amends to
the utmost of their ability.
Neither husband nor wife could sell family property without the
consent of the other.
If there was a marriage agreement, it determined the wife's
"dower", which would be hers upon his death. Otherwise, if a man
who held his land in socage [owned it freely and not subject to
a larger landholder] died before his wife, she got half this
property. If there were minor children, she got all this
property.
Inheritance of land to adult children was by the custom of the
land held. In some places, the custom was for the oldest son to
take it and in other places, the custom was for the youngest son
to take it. Usually, the sons each took an equal portion by
partition, but the eldest son had the right to buy out the
others as to the chief messuage [dwelling and supporting land and
buildings] as long as he compensated them with property of equal
value. If there were no legitimate sons, then each daughter took
an equal share when she married.
In London, one-third of the personal property of a decedent went
to his wife, one-third went to his children in equal shares, and
one-third he could bequeath as he wished.
Public-domain text, read in full here on John Shaqi.
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