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
28. If the demandant or plaintiff, hanging his writ, will enter
into the thing demanded, his writ shall abate.
29. By the alienation of the tenant, hanging the writ, or his
entry into religion, or if he is made a knight, or she is a
woman, and takes a husband hanging the writ, the writ shall not
abate.
30. A right or title of action that only depends in action,
cannot be given or granted to none other but only to the tenant
of the ground, or to him who has the reversion or remainder of
the same land.
31. In an action of debt upon an agreement, the defendant may
wage his law: but otherwise it is upon a lease of lands for term
of years, or at will.
32. The King may disseise no man and no man may disseise the
King, nor pull any reversion or remainder out of him.
33. The King's excellency is so high in the law, that no freehold
may be given to the King, nor be derived from him, but by matter
of record.
34. If an abbot or prior, an abbot's chief assistant, alienate
the lands of his house, and dies, though his successor has right
to the lands, yet he may not enter, but he must take legal
action.
35. If an abbot buys a thing that comes to the use of the house,
and dies, then his successor shall be charged.
Judicial activity encouraged the recording of royal legislation
in writing which both looked to the past and attempted to set
down law current in Henry's own day. The "Liberi Quadripartitus"
aimed to include all English law of the time. This showed an
awareness of the ideal of written law as a statement of judicial
principles as well as of the practice of kingship. In this way,
concepts of Roman law used by the Normans found their way into
English law.
Church law required that only consent between a man and woman was
necessary for marriage. There needn't be witnesses, ceremony,
nor consummation. Consent could not be coerced. Penalties in
marriage contracts were deemed invalid. Villeins and slaves
could marry without their lords' or owners' permission. A couple
living together could be deemed married. Relatives descended from
the same great great grandfather could not marry, nor could
relatives by marriage of the same degree of closeness. A legal
separation could be given for adultery, cruelty, or heresy.
Fathers were usually ordered to provide some sustenance and
support for their illegitimate children. The court punished
infanticide and abortion.
Judicial Procedure
Courts extant now are the Royal Court, the King's Court of the
Exchequer, shire courts, and hundred courts, which were under
the control of the King. His appointed justices administered
justice in these courts on regular circuits. Also there are
manor courts, borough courts, and ecclesiastical courts.
Public-domain text, read in full here on John Shaqi.
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