Essays in Anglo-Saxon Law |
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Page 140
... accused of homicide , they must clear themselves with the help of their kin . In one or two instances the loss of family rights occurs as a legal penalty . Thus , in Alf . 42 , the man who attacks his foe , after he has yielded ...
... accused of homicide , they must clear themselves with the help of their kin . In one or two instances the loss of family rights occurs as a legal penalty . Thus , in Alf . 42 , the man who attacks his foe , after he has yielded ...
Page 144
... accused of homicide must , first of all , free him from the charge , if he be innocent , by an oath of his paternal and maternal kin . If this is not possible , they must negotiate with his foes for a release from the feud by payment of ...
... accused of homicide must , first of all , free him from the charge , if he be innocent , by an oath of his paternal and maternal kin . If this is not possible , they must negotiate with his foes for a release from the feud by payment of ...
Page 190
... accused to insure his presence before the court ( de judicio sisti ) ; and ( 2 ) to fulfil the judgment ( judicatum solvi ) . HLOTH . & EAD . 8 : " If one man make plaint against another in a suit , and he go with him to the " methel ...
... accused to insure his presence before the court ( de judicio sisti ) ; and ( 2 ) to fulfil the judgment ( judicatum solvi ) . HLOTH . & EAD . 8 : " If one man make plaint against another in a suit , and he go with him to the " methel ...
Page 205
... accused to the clearing oath , and the proof of his innocence , although he must give up the property . The first steps of the procedure belonged to the individual , not to the tribunal . When the owner had lost his property , the ...
... accused to the clearing oath , and the proof of his innocence , although he must give up the property . The first steps of the procedure belonged to the individual , not to the tribunal . When the owner had lost his property , the ...
Page 209
... accused could show that the claim against him was fraudulent , he was relieved from any obligation to prove his property : he thus presented an exception , which rebutted the plaintiff's claim of an unwilling loss , and stopped the ...
... accused could show that the claim against him was fraudulent , he was relieved from any obligation to prove his property : he thus presented an exception , which rebutted the plaintiff's claim of an unwilling loss , and stopped the ...
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Common terms and phrases
Abbot accused action Ælfric Æthelheard Æthelst Æthelstan aforesaid Alfred Anglo-Saxon law Archbishop assertion auctor autem belonged betrothal bishop Bishop of Bayeux boc-land causae Cenwulf charters church claim Cnut contract court daer daet defendant ealdorman ealle early German law England episcopus Ethelr existed family land father folc-land gave gemot German law grant habeat heir Henr husband illa inheritance judgment judicial jurisdiction Kemble kindred king king's laens Leofwine Lex Salica lord maegth marriage Maurer morning-gift movables oath oath-helpers object Offa Oswulf outlawry ownership party passage period plaintiff pledge possession principle procedure proof prove quae quam quod Recht regis Roman Sachsenspiegel Saxon Schmid seisin shire Sohm suit supra Tacitus terra theft thief tion trinoda necessitas tunc vengeance Vide waes warrantor weotuma wergeld wife Wilda Witan witnesses Worcester Wulfred Wulfstan
Popular passages
Page 267 - Suscipere tam inimicitias, seu patris, seu propinqui, quam amicitias, necesse est : nec implacabiles durant. Luitur enim etiam homicidium certo armentorum ac pecorum numero, recipitque satisfactionem universa domus : utiliter in publicum ; quia periculosiores sunt inimicitiae juxta libertatem.
Page 196 - If a man carry off a widow not in his own tutelage, let the " mund " be two-fold. 77. If a man buy a maiden with cattle, let the bargain stand, if it be without guile ; but if there be guile, let him bring her home again, and let his property be restored to him.
Page 165 - And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife. 17 If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.
Page 138 - ... procedure authorized by the new sections. Moreover, the discussion on the floor of the Senate relative to the insertion of the sentence, indicates that it was not intended to alter...
Page 237 - The man who has boc-land which his kindred left him ; then ordain we that he must not give it from his kindred, if there be writing or witness that it was forbidden by those men who at first acquired it, and by those who gave it to him, that he should do so...
Page 264 - ... of the King might be required to enforce it, but, if there had been no such promise, the plaintiff was forced to petition the King in person. There is much reason in fact for thinking that, in the earliest times and before the full development of that kingly authority which has lent so much vigour to the arm of the law in most Aryan communities, but which was virtually denied to the Irish, Courts of Justice existed less for the purpose of doing right universally than for the purpose of supplying...
Page 193 - In the name of the living God, I owe not to N. "sceatt" or shilling, or penny or penny's worth; but I have discharged to him all that I owed him, so far as our verbal contracts were at first.
Page 217 - ... with his own property, and then let him be paid its worth ; but if he cannot prove that by lawful averment, let him give it up, and let the owner take possession of it.
Page 123 - ... 7. But if a man desire to lead her out of the land, into another thane's land, then it will be advisable for her that her friends have an agreement that no wrong shall be done to her; and if she commit a fault, that they may be nearest in the "bot," if she have not whereof she can make
Page 381 - Topa et de avia sua ; altera vero haec est, quia proprior erat ille ut terram haberet qui cyrographum habebat quam qui non habebat.