Our Legal Heritage Part 11

Every freeman who does not hold land must find a lord to answer for him. The act of homage was symbolized by holding his hands together between those of his lord. Every lord shall be personally responsible as surety for the men of his household. [This included female lords.] (King Athelstan)

"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 twelve months, he shall deliver him up to justice, and what he has paid shall be returned to him." (King Edgar)

Every freeman who holds land, except lords with considerable landed property, must be in a local t.i.thing, usually ten to twelve men, in which they serve as personal sureties for each other's peaceful behavior. If one of the ten landholders in a t.i.thing is accused of an offense, the others have to produce him in court or pay a fine plus pay the injured party for the offense, unless they could prove that they had no complicity in it. If the man is found guilty but can not pay, his t.i.thing must pay his fine. The chief officer is the "t.i.thing man" or "capital pledge". There were probably ten t.i.things in a hundred. (King Edward the Confessor).

Everyone was to take an oath not to steal, which one's surety would compel one to keep.

No one may receive another lord's man without the permission of this lord and only if the man is blameless towards every hand. The penalty is the bot for disobedience. No lord was to dismiss any of his men who had been accused, until he had made compensation and done right.

"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 may 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 G.o.d- 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. The penalty was payment of a bot or denial of burial in consecrated ground. A law of Canute provided that if a wife was guilty of adultery, she forfeited all her property to her husband and her nose and ears, but this law did not survive him.

Laymen may marry a second time, and a young widow may again take a husband, but they will not receive a blessing and must do penance for their incontinence.

Prost.i.tutes were to 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 other's consent.

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 received 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 part.i.tion, but the eldest son had the right to buy out the others as to the chief messuage [manor; 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.

"If a man dies intestate [without a will], his lord shall have heriot [horses, weapons, shields, and helmets] of his property according to the deceased's rank and [the rest of] the property shall be divided among his wife, children, and near kinsmen."

A man could justifiably kill an adulterer in the act with the man's wife, daughter, sister, or mother. In Kent, a lord could fine any bondswoman of his who had become pregnant without his permission [childwyte].

A man could kill in defense of his own life, the life of his kinsmen, his lord, or a man whose lord he was. The offender was "caught red-handed" if the blood of his victim was still on him. Self-help was available for hamsocne [breaking into a man's house to a.s.sault him].

Murder is punished by death as follows: "If any man break the King's peace given by hand or seal, so that he slay the man to whom the peace was given, both his life and lands shall be in the King's power if he be taken, and if he cannot be taken he shall be held an outlaw by all, and if anyone shall be able to slay him he shall have his spoils by law."

The king's peace usually extended to important designated individuals, churches, a.s.semblies, those traveling to courts or a.s.semblies, and particular times and places. Often a king would extend his peace to fugitives from violent feuds if they asked the king, earls, and bishops for time to pay compensation for their misdeeds. From this came the practice of giving a portion of the "profits of justice" to such men who tried the fugitive. The king's peace came to be extended to those most vulnerable to violence: foreigners, strangers, and kinless persons.

"If anyone by force break or enter any man's court or house to slay or wound or a.s.sault a man, he shall pay 100s. to the King as fine."

"If anyone slay a man within his court or his house, himself and all his substance are at the King's will, save the dower of his wife if he have endowed her."

If a person fights and wounds anyone, he is liable for his wer. If he fells a man to death, he is then an outlaw and is to be seized by raising the hue and cry. And if anyone kills him for resisting G.o.d's law or the king's, there will be no compensation for his death.