Our Legal Heritage, King AEthelbert, 596 to King George III, 1775

mes: 6

d it "Angleterre", which means the angle or end of the eart

in the walls to keep the wind out. Smoke from a fire in the middle of the room filtered out of cracks in the roof. Grain was ground at home by rotating by hand one stone disk on another stone disk. Some villages had a mill powered by

silver, copper, iron, tin, gold, and various types of stones from remote lead mines and quarries in the nation. Silve

sed a silver denarius coin. There were 12 denarii to the solidus and 20 soldi to the pound of silver. These denominations were taken by England as 12 p

The priest and other men who helped him, lived in the church building. Some churches had lead roofs and iron hinges, latches, and locks on their doors. The land underneath had been given to the church by former kings and persons who wanted the church to say prayers to help their souls go from purgatory to heaven and who also selected the first priest. The priest conducted Christianized Easter ceremonies in the spring and (Christ's mass) ceremonies in winter in place of the pagan Yuletide festivities. Burning incense took the place of pagan bu

ough alms. A piece of stone with the dead person's name marked his grave. It was thought that putting the name on the grave would assist identification of that person for being taken to heaven. The church hea

them in chasing a thief or other offender. The forests were full of outlaws, so strangers who did not blow a horn to announce themselves were presume

t in the selection of the eorldormen, who were the highest military leaders and often of the royal family. They were also chief magistrates of large jurisdictional areas of land. The witan included officers of the king's household and perhaps other of his retinue. There was little distinction then between his gesith, fighting men, guards, household companions, dependents, and servants. The king was sometimes accompanied by his wife and sons at the witana

ks; treasure trove [assets hidden or buried in times of war]; treasures of the earth such as gold and silver; mines; saltworks; tolls and other dues of markets, ports, and the routes by land and by river generally; heriot from heirs of his special dependents for possession of land (usually in kind, principally in horses and weapons). He also had rights of purveyance [hospitality and maintenance when traveling]. The king had private lands, which he could dispose of b

pillows stuffed with straw. Tables plated with silver and gems held silver candlesticks, gold and silver goblets and cups, and lamps of gold, silver, or glass. They used silver mirrors and silver writing pens. There were covered seats, benches, and footstools with the head and feet of animals at

side in waving ringlets. The beard was parted in the middle of the chin, so that it ended in two points. The clergy did not wear beards. Great men wore gold-embroidered clothes, gilt buckles and brooches, and drank from drinking horns mounted in silver gilt or in gold. Well-to-do women wore brightly colored ro

ped them. The inland waters yielded eels, salmon, and trout. In the fall, meat was salted to preserve it for winter meals. There were orchards growing

ers, crabs, and other fish. Sometimes a whale was driven into a

heir backs, which balanced each other. The soft soil was compacted into a deep ditch which rains, floods, and tides, if near the sea, soon turned into a river. Traveling a far distance

were often seen as signs or omens of future events. Herbal mixtures were drunk for sickness and maladies. From the

lding farmer [thegn], or 300s. The bishops spoke Latin, but the priests of the local parishes spoke English. Theodore was the first archbishop whom all the English church obeyed. He taught sacred and secular literature, the books of holy writ, ecclesiastical poetry, astronomy, arithmetic, and sacred music. Theodore discouraged slavery by denying Christian burial to the kidnapper and forbidding the sale of children over the age of seven. A slave became entitled to two loaves a day and to his holydays. A slave was allowed to buy his or his children's freedom. In 673, Theodore started annual national ecclesiastical assemblies, for instance for the witnessing of imp

es. There she taught justice, piety, chastity, peace, and charity. Several monks taught there later became bishops. Kings and princes often asked her advice. Many abbesses came to run monastic communit

er the King's bed. King Alfred the Great, who had lived for awhile in Rome, unified the country to defeat the invaders. He established fortifications called "burhs", usually on hill tops or other strategic locations on the borders to control the main road and river routes into his realm. The burhs were seminal towns. They were typically walled enclosures with towers and an outer ditch and mound, inst

ng fighting equipment such as swords, helmets, chain mail, and horses), and ordinary freemen, i.e. ceorls (who carried food, dug fortifications, and sometimes fought). Since the King was compelled to call out the whole population to arms, the distinction between the king's thegns from other landholders disappeared. Some great

stem, cultivation of common land, more large private estates headed by a lord, and a more stratified society in which the king and important families more powerful and the peasants more curtailed. The witan became mere witnesses. Man

s of pure gold. A mark was probably a Viking denomination and a mark of gold was equal to nine marks of silver in later times and probably in this time. The word "earl" replaced the word "eorldormen" and the word "the

sdictional powers within its bo

ir men, and my daughter AEthelgifu to the convent along with the inheritance, since she took the veil on account of bad health; and the jurisdiction to the convent, which I myself possessed, namely obstruction and attacks on a

re and Earl Eadwulf and Earl Cuthred and Abbot Tunberht and Milred my thegn and AEthelwulf and Osric and Brihtulf and Cyma.

fathers on the same land as

anted to his parents and which had run out, on condition that he renders every year at the autumnal equinox three pounds as rent, and church dues, and the work connected

lors and of the members of the communi

th a horn window. He described the world as like a yolk in the middle of an egg whose shell moves around it. This agreed with the position of Ptolemy Claudius of Alexandria, who showed the curvature of the earth from north to south by observin

nce to material pleasures, pride, and fame, in dealing with life's sorr

ws, so wi

[judgment] retu

n while young, will

y] without wisd

d the gold grew like grass, yet he is not a whit

tone unless a w

st the sea flood; so i

lth, so that he may enjoy ease in hi

ses his soul

m will remain, and no man may p

er beauty nor for wealth,

bright without

e the man of

s a wise man ca

t, and at church, wit

and all the joy that dwells therein,

ide with

bolt is s

it is little. If you let him have his own will,

s a young child rule, shall r

not drinking is,

o tell your friend

ften quarre

ess dog b

wary of speech, then

, but not outw

ut, then your enemy will know

ul man as a friend, fo

betray you when y

e friend, for he will steal

who is wise in word and deed; he

a duty to teach laymen; and Orosius' History of the World, which he had translated into English. Alfred's advice to pastors was to live as they had been taught from books and to teach this manner of life to others. To be avoided was pride, the mind's deception of seeking glory in the name of doing good works, and the corruption of high office. Bede was England's first scholar, first theologian, and first historian. He wrote poetry, theological books, homilies, and textbooks on grammar, rhetoric [public speaking and debating], arithmetic, and astronomy. He adhered to the doctrine that death entere

sters and dragons, was put into writing with a Christian theme. In it, loyalty to one's lord is a paramount virtue. Also a

from court to court, receiving gifts for their story telling. Men usually t

nd London, which he had taken into his control. He appointed his son-in-law, who was one of his eorldormen, to be alderman [older man] to govern London and to be the shire's earl.

uled the country for seven years. She had more fo

im hospitality and maintenance for himself, his officers, and his servants. He presided over the shire court. He received one-third of the fines from the profits of justice and collected as well a third of the revenues derived from tolls and duties levied in the boroughs of his shire. The office tended

irth. The wergeld of a thegn was 1200s. when that of a ceorl or ordinary freeman was 200s. The wergeld of an earl or bishop was four times that of a thegn: 5800s. The wergeld of a king or archbishop was six times that of a thegn: 7200s. The higher a man's wergeld, the higher was his legal status in the scale of punishment, giving credible evidence, and participation in legal proceedings. The sokemen were freemen who had inherited their own land, chose their own lord, and attended and were subject to their lord's court. That is, their lord has soke [soc]

the witan. Women could be present at the witanagemot and shiregemote [meeting of the people of the shire]. They could sue and be sued in the co

case of his death. It was given to her on the morning after the wedding night. The family of the bride was paid a "mund" for transferring the rightful protection they possessed over her to the family of the husband. If the husband died and his kindred did not accept the terms sanctioned by law, her kindred could repu

carpenters, architects, agriculturists, fisherm

, harpers played, jesters joked, and tumblers threw and caught balls an

of one member by another member. It assisted in paying any murder fine imposed on a member. It avenged the

out commercial speculations not poss

ouses, probably part

e

were drawn from the best laws of each region. There was no rea

treason against his lord, or to any unlawful aid; then it is juster to belie than to fulfill. But if he pledge himself to that which is lawful to fulfill, and in that belie himself, let him submissively deliver up his weapon and his goods to the keep

of the king were incontro

nts were written

said: I am the Lord thy God. I led thee out of

other strange

thou shalt not be guiltless towar

rest. For in six days, Christ wrought the heavens and the earth, the seas, and all crea

the Lord hath given thee, that thou

tho

hou not

thou

not false

thy neighbor's

thyself golden

death, or life, as he may be willing to grant him. If he escape, and be taken again, let him pay for himself

and before this 120s. to the ealdorman as wite. If he disturbs the folkmote by drawing his weapon, 120s. to the

ith a wergeld of 600s., let it increase threefold of the ceorlish bot; and if to a man with a wergeld of 1200s., let it increase twofold of the bot of the man with a wergeld of 600s. Breach of the ki

of exiles, or of his men; let him be liable with his life and in al

one who was of the gang pay 30s. as gangbot. If he had a wergeld of 600s., let every one pay 60s. as gangbot. If he had a wergeld of 1200s., let every one pay 120s. If a

y join together if they will in the wer. If they will not join together, let hi

e, and besiege him within, let him keep him within for seven days, and not attack him if he will remains within. And, then, after seven days, if he surrenders, and gives up his weapons, let him be kept safe for thirty days, and let notice of him be given to his kinsmen and his friends. But if he does not have sufficient power to besiege him within, let him ride to the ealdorman, and beg aid of him. If he will not aid him, let him ride to the king before he fights. In like manner also, if a man come upon his foe, and he did not know beforehand that he was staying at his home; if he is willing to give up his weapons, let him be kept for thirty days, and l

he does it without his knowledge, let him who treats him as his man pay 120s. as wite, one-half to the king in the shire where he before followed and one-half in tha

60 shillings as wite. But if he steals with the knowledge of all his househol

or conceals the theft, he shall pay for the thief according to his wer. If he is an eo

e, and let the hand be struck off with which he did it. If he will redee

an that his tongue be cut out; which must not be redeemed at

ust pay for her and have her afterwards to wife. But if her f

ie with her, let him make bot with 10 shillings. If he lie with her, let him make bot with 60 shillings. If another man had before

er raiment or by her breast without her leave, let the bot b

the ceorl of 5 shillings and a wite [fine to the King] of 60 shillings.

ys 6 shillings, for the second, 12 s

someone to death

another's ox, he must

iting or witness that such was forbidden by those men who at first acquired it, and by those who gave it

al Pro

e hundred court. The king or one of his r

munity members would stand up to swear on behalf of the plaintiff or the defendant as to their reputation for veracity. The value of a man's oath was commensurate with his value or wergeld. A man's brothers were usually his compurgators. If these "compurgators" were too f

. In the ordeal by hot water, he had to pick up a stone from inside a boiling cauldron. If his hand was healing in three days, he was innocent. If it was festering, he was guilty. A similar ordeal was that of hot iron, in which one had to carry in his hands a hot iron for a certain distance. The results of the ordeal were taken to indicate the will of God. Presumably a person convicted of murder, i.e. killing by stealth, or robbery [taking from a person's robe, th

instance, a tree from which a man fell to his death, a beast which killed a man, a sword of a third party not the slayer that was used to kill a m

ding rights to feed pig

re farther, and take in more of the wood than the ancient rights permitted. Then the bishop and the advisors of the community said that they would not admit liability for more than had been appointed in AEthelbald's day, namely mast for 300 swine, and that the bishop and the community should have two thirds of the wood and of the mast. The Archbishop Wulfred and all the councilors determined that the bishop and the community might declare on oath that it was so appointed in AEthelbald's time an