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
A villein may not buy his own freedom (because all that he has is
his lord's), but may be set free by his lord or by someone else
who buys his freedom for him. He shall also be freed if the lord
seduced his wife, drew his blood, or refused to bail him either
in a civil or criminal action in which he was afterwards
cleared. But a freed villein did not have status to plead in
court, even if he had been knighted. If his free status were
tried in court, only a freeman who was a witness to his being
set free could avail himself of the duel to decide the issue.
However, if the villein remained peacefully in a privileged town
a year and a day and was received into its guild as a citizen,
then he was freed from villeinage in every way.
A freeman who married a villein lost his freedom. If any parent
of a child was a villein, then the child was also a villein.
All shipwrecked persons shall be treated with kindness and none
of their goods or merchandise shall be taken from them.
If one kills another on a vessel, he shall be fastened to the
dead body and thrown with it into the sea.
If one steals from another on a vessel, he shall be shaven,
tarred and feathered, and turned ashore at the first land.
Passage on the Thames River may not be obstructed by damming up
the river on each side leaving a narrow outlet to net fish. All
such wears shall be removed.
Judicial Procedure
Henry II wanted all freemen to be equally protected by one system
of law and government. So he opened his court, the Royal Court,
to all people of free tenure. A court of five justices
professionally expert in the law sat in permanence, traveled
with the King, and on points of difficulty consulted with him.
Other professional justices, on eyre [journey], appeared
periodically in all shires of the nation. They came to perform
many tasks besides adjudging civil and criminal pleas, including
promulgating and enforcing new legislation, seeking out
encroachments on royal rights, reviewing the local communities'
and officials' performance of their public duties, imposing
penalties for failure to do them or for corruption, gathering
information about outlaws and non- performance of homage, and
assessing feudal escheats to the Crown, wardships to which the
King was entitled, royal advowsons, feudal aids owed to the King,
tallages of the burgesses, and debts owed to the Jews. assessing
feudal escheats to the Crown, wardships to which the King was
entitled, royal advowsons, feudal aids owed to the King,
tallages of the burgesses, and debts owed to the Jews; The
decision-making of justices in eyre begins the process which
makes the custom of the Royal Court the common law of the
nation. The shire courts, where the travelling justices heard
all manner of business in the shires, adopted the doctrines of
the Royal Court, which then acquired an appellate jurisdiction.
The three royal courts and justices in eyre all drew from the
same small group of royal justices.
Public-domain text, read in full here on John Shaqi.
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