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
Plays about miracles wrought by holy men or the sufferings and
fortitude of martyrs were performed. Most nobles could read,
though writing was still a specialized craft. There were books
on animals, plants, and stones. The lives of the saints as told
in the book "The Golden Legend" were popular. The story of the
early King Arthur was told in the book "The History of the Kings
of England". The story at this time stressed Arthur as a hero
and went as follows: Arthur became King at age 15. He had an
inborn goodness and generosity as well as courage. He and his
knights won battles against foreign settlers and neighboring
clans. Once, he and his men surrounded a camp of foreigners until
they gave up their gold and silver rather than starve. Arthur
married Guenevere and established a court and retinue. Leaving
Britain in the charge of his nephew Modred, he fought battles on
the continent for land to give to his noblemen who did him
service in his household and fought with him. When Arthur
returned to Britain, he made battle with his nephew Modred who
had crowned himself King. Arthur's knight Gawain, the son of his
sister, and the enemy Modred were killed and Arthur was severely
wounded. Arthur told his kinsman Constantine to rule Britain as
King in his place.
The intellectual world included art, secular literature, law, and
medicine. There were about 90 physicians.
Forests were still retained by Kings for their hunting of boars
and stags. The bounds of the Forest were enlarged. They
comprised almost one-third of the kingdom.
Barons and their tenants and sub-tenants were offered an
alternative of paying shield money ["scutage"] of 26s.8d. per
fee in commutation for and instead of military service for their
fiefs. This enabled Henry to hire soldiers who would be more
directly under his own control and to organize a more efficient
army.
A substantial number of barons and monasteries were heavily in
debt to the Jews. The King taxed the Jews at will.
During rivalry for the throne after Henry I's reign, the bishops
gained some independence from the Crown and strengthened their
ties with the Pope.
The Law
Henry restored the death penalty for thievery and robbery, but
maintained William I's punishment of the mutilation of blinding
and severing of limbs for other offenses.
The forest law stated that: "he that doth hunt a wild beast and
doth make him pant, shall pay 10 shillings: If he be a free man,
then he shall pay double. If he be a bound man, he shall lose
his skin." A "verderer" was responsible for enforcing this law,
which also stated that: "If anyone does offer force to a
Verderer, if he be a freeman, he shall lose his freedom, and all
that he hath. And if he be a villein, he shall lose his right
hand." Further, "If such an offender does offend so again, he
shall lose his life."
A wife's dower is one-third of all her husband's freehold land,
unless his endowment of her at their marriage was less than
one-third.
Public-domain text, read in full here on John Shaqi.
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