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
Counterfeiting law required that "If any one be caught carrying
false coin, the reeve shall give the bad money to the King
however much there is, and it shall be charged in the render of
his farm [payment] as good, and the body of the offender shall
be handed over to the King for judgment, and the serjeants who
took him shall have his clothes."
Debts to townsmen were recoverable by this law: "If a burgess has
a gage [a valuable object held as security for carrying out an
agreement] for money lent and holds this for a whole year and a
day, and the debtor will not deny the debt or deliver the gage,
and this is proved, the burgess may sell the gage before good
witnesses for as much as he can, and deduct his money from the
sum. If any money is over he shall return it to the debtor. But
if there is not enough to pay him, he shall take distress again
for the amount that is lacking."
Past due rent in a borough was punishable by payment of 10s. as
fine."
There are legal maxims which are becoming so well established and
known that there will never be a need to write them down as
statutes. As delineated by St. Germain in "Doctor and Student"
in 1518, they are:
1. If a man steals goods to the value of 12d., or above, it is
felony, and he shall die for it. If it is under the value of
12d., then it is but petit larceny, and he shall not die for it,
but shall be punished at the discretion of the judges. This not
apply to goods taken from the person, which is robbery, a felony
punishable by death.
2. If an exigent, in case of felony, is awarded against a man, he
has thereby forthwith forfeited his goods to the King.
3. If the son is attainted [convicted of treason or felony with
the death penalty and forfeiture of all lands and goods] in the
life of the father, and after he purchases his charter of pardon
of the King, and after the father dies; in this case the land
shall escheat to the lord of the fee, insomuch that though he
has a younger brother, yet the land shall not descend to him: for
by the attainder of the elder brother the blood is corrupt, and
the father-in-law died without heir.
4. A man declared outlaw forfeits his profits from land and his
goods to the King.
5. He who is arraigned upon an indictment of felony shall be
admitted, in favor of life, to challenge the number of inquirers
for three whole inquests peremptorily. With cause, he may
challenge as many as he has cause to challenge. Such peremptory
challenge shall not be admitted in a private suit because it is
a suit of the party.
6. An accessory shall not be put to answer before the principal.
7. If a man commands another to commit a trespass, and he does
it, the one who made the command is a trespasser.
8. The land of every man is in the law enclosed from other,
though it lies in the open field and a trespasser in it may be
brought to court.
Public-domain text, read in full here on John Shaqi.
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