𝕸 Government & Law - Medieval

Agisters, Verderers, Medieval Forest of Dean, New Forest ..
Barter & Coinage in Britain 
Evolution of English Law ..
Law and Order in Anglo-Saxon England  ➧
Leges Henrici Primi ..
Magna Carta ..
Marriage Act of 1836 ..                

Agisters, Verderers, Medieval Forest of Dean, New Forest


Agisters, Archaeology, Forests, History, Hunters, Ironworkers, Miners, Verderers, Woodsmen

The Verderers in the Forest of Dean have been in existence since at least 1218 and are charged with protecting the vert and venison (that is, generally, the vegetation and habitat) of the Forest. They are the last remnant of the traditional forest administration – unlike the New Forest, their structure has been unaltered over the centuries – there are still four verderers just as there has been for the past 800 years. The Verderers are elected by the freeholders of Gloucestershire at the Gloucester Court (an ancient procedure in its own right) and serve for life. Over the years, the deer in the Forest of Dean have fluctuated in numbers and species (they were totally absent for about 90 years from 1855) but today a herd of about 400 fallow deer inhabits the Forest. The Verderers now meet quarterly in their courtroom in the Speech House, close to the centre of the Forest.
https://en.wikipedia.org/wiki/Verderer#Forest_of_Dean_Verderers
http://www.deanverderers.org.uk/verderers-history.html
https://en.wikipedia.org/wiki/Reeve_(England)

The Agisters are employees of the Verderers of the New Forest. They are often commoners in their own right, and as such depasture stock themselves, thus giving them an intimate knowledge of the area and the workings of the Forest. The word agist means to take in to graze for payment, and this explains part of their role. The post of Agister is medieval in origin, when they were also known as ‘marksmen’. As officers of the Crown they were required to collect grazing fees from ‘strangers’, those who wished to depasture animals but had no right to do so. New Forest commoners with rights of pasture did not have to pay a fee at that time.

To be an Agister a person must be adept at handling all types of livestock, an excellent rider, and able to work, very often on their own, in the rough and tough conditions found out on the Forest. The hours are long, and they can be called out at any time and in any weather to deal with an emergency. They also have the general public to deal with, and are required to be good ambassadors for the Forest in general, and commoning in particular.

Their work is to assist in the management of commoners’ stock on the Forest, and carry out instructions given to them by the Court of Verderers. Much of their time is spent out on the Forest, often on horseback, observing the conditions of both land and stock. They are on call 24 hours a day, seven days a week to respond to any problem involving the stock on the Forest. In the spring, they collect the ‘marking fee’, which is the payment a commoner has to make for each animal he wishes to turn out onto the Forest. This helps to offset the cost of their employment. They are also required to report to the Verderers any breaches of the Verderers’ byelaws, which could include such things as unbranded or unpaid for animals.

Another important aspect of their work is the monitoring of the welfare of the livestock on the Forest. During the winter and spring the stock will lose some body condition. The Verderers, in conjunction with various welfare organisations, set a condition standard below which the animal must not fall. If it does the Agister will arrange its removal from the Forest back to the owners holding so it can receive supplementary feeding

There are currently five Agisters, one Head Agister, and four colleagues. Each one is responsible for a specific area of the Forest, but many of the tasks they carry out require them to work as a team. Much of the day to day routine will involve contact with both the animals and the people on their ‘patch’ and an Agister will develop an uncanny ability to identify animals and to whom they belong. In the late summer and early autumn the Agisters organise the ‘drifts’ or round-ups of the Forest ponies. At this time the ponies are ‘tail marked’, a certain cut of the hair of the tail of the pony is put in to show the pony has been paid for. Each Agister has his own mark, and this is to signify in which Agisters’ area the owner of the pony lives. Any foals that are to be kept are branded with the owners individual brand, a register of which is held by the Verderers. Commoners may take this opportunity to remove any ponies they want to sell or take in for the winter, and the rest of the ponies are given a good check over before being released back out onto the Forest. The Agisters are called out to deal with all sorts of problems. Animals stuck in bogs, ditches, fences or cattle grids, straying into people’s gardens or onto fenced roads, ponies with colic after eating lawn mowings or other garden refuse, or cows choking on discarded plastic bags. Sadly one of the more common call-outs is to road accidents. Despite speed limits and much publicity there are still a large number of animals being hit and killed on the Forest roads. It is often the Agister’s unpleasant but necessary duty to put the animal out of its suffering, and then inform the owner of their loss.

http://www.verderers.org.uk/Agisters.pdf

Agistment originally referred specifically to the proceeds of pasturage in the king's forests. To agist is, in English law, to take cattle to graze, in exchange for payment.

Agistment originally referred specifically to the proceeds of pasturage in the king's forests in England, but now means either:
1. the contract for taking in and feeding horses or other cattle on pasture land, for the consideration of a periodic payment of money;
2. the profit derived from such pasturing.

Agistment involves a contract of bailment, and the bailee must take reasonable care of the animals entrusted to him; he is responsible for damages and injury which result from ordinary casualties, if it be proved that such might have been prevented by the exercise of great care. There is no lien on the cattle for the price of the agistment unless by express agreement.

Under the Agricultural Holdings Act of 1883, agisted cattle cannot be distrained on for rent if there be other sufficient distress to be found, and if such other distress be not found, and the cattle be distrained, the owner may redeem them on paying the price of their agistment. The tithe of agistment or "tithe of cattle and other produce of grass lands" was formally abolished by the Act of Union in 1707, on a motion submitted with a view to defeat that measure.

In England, Agisters were formerly the officers of the forest empowered to collect the agistment. They have been re-established in the New Forest to carry out the daily duties of administering the forest.

https://en.wikipedia.org/wiki/Agistment
https://www.forestry.gov.uk/forestry/infd-6a4kq7
http://www.verderers.org.uk/court.html
http://www.verderers.org.uk/
https://www.newforestmemories.org.uk/rules/agisters

regard inspection of a forest by regarders with foresters and woodwards, presented to the swanimote court next before and preparatory to an eyre, included vert, eyries, mines and forges, ports, harbours and the wood they shipped, dogs, nets and weapons; swarms of bees, wax and honey were also included in the charges of the swanimote and eyre where regards were enrolled (M 227 (v) and 242 (v)). The king might exempt private land and woods in a forest from regards (M 58 (r) and (v), 196 (r) and (v))

regarder officer responsible for making triennial inspections of forests to discover trespasses (P 205); ministerial rather than judicial officer appointed by royal letters patent under oath, twelve per forest, to hold a regard and enrol all offences discovered for presentation through a swanimote to an eyre. Duties specified in the Charter of the Forest (1217); called lespegend in Canute’s Forest Charter (1016) (M 1(v), 6 (r) and (v) and 191 (r) – 200 (r))

http://info.sjc.ox.ac.uk/forests/glossary.htm
http://www.deanverderers.org.uk/glossary.html

https://books.google.ca/books?id=i2bRCgAAQBAJ&pg=PA86&lpg=PA86&dq=medieval+verderer&source=bl&ots=ZEYV1hLApd&sig=Yrveuqx4wgl4aaxC6eYVJSbrTjQ&hl=en&sa=X&ved=0ahUKEwiKs7ba78fZAhVYzWMKHXkRAdYQ6AEIQDAC#v=onepage&q=medieval%20verderer&f=false

13th century (later not available)

Regarders (like the Verderers in being independent of the foresters = 12 general inspectors = checking for assarts, buildings (purprestures), cut trees, royal demesne woods and pastures, eyries of hawks, forges or mines, seaports, transporting timber, honey, bows and arrows or dogs for hunting

Gifts of venison or oak made by the king, straying domestic animals, conduct of foresters, Agisters, sellers of wood

Forest courts & eyres sometimes held as infrequently as 24 years.
Essoins by death

In the United Kingdom a chase is a type of common land used for hunting to which there are no specifically designated officers and laws but instead reserved hunting rights for one or more persons. Similarly, a Royal Chase is a type of Crown Estate by the same description, but where certain rights are reserved for a member of the British Royal Family.
https://en.wikipedia.org/wiki/Chase_(land)

https://en.wikipedia.org/wiki/Royal_forest
https://books.google.ca/books?id=H7guAAAAIAAJ&pg=PA11&redir_esc=y#v=onepage&q&f=false

https://play.google.com/books/reader?id=H7guAAAAIAAJ&printsec=frontcover&output=reader&hl=en&pg=GBS.PP1

Apis - Bee evolution, distribution ⇝  

Pannage was a common right for peasants who were allowed to graze their pigs in the woods of the forest when the acorns fell and for a period of time after. This season was decided at the Verderers Court (see Forest Law page for more details) and the numbers of pigs were monitored by Agisters who acted as tax collectors.

This entry shows that with the demise of the Forest Eyre Courts by the time of 1440 (see 1287 Sherwood Forest Eyre Court and 1334 Sherwood Forest Eyre Court entries); how breaches of the forest law were dealt with.

The Keeper of the Forest here brought complaint before the Nottingham Court to gain the money back from the accused, caused by the trespass and damage to the park.
http://sherwoodforesthistory.blogspot.ca/2012/03/trespass-in-bestwood-park-in-1440.html
http://sherwoodforesthistory.blogspot.ca/2012/02/1287-sherwood-forest-eyre-court.html
http://sherwoodforesthistory.blogspot.ca/2011/12/1334-sherwood-forest-eyre-court.html


FoD - Deciduous Forest - Ray Mears
https://www.youtube.com/watch?v=bhnBhObR5QU

Forests, Woodsmen, Hunters, Miners, Ironworkers
https://www.youtube.com/playlist?list=PL745-VcJ1xdWc4CiWxovU2RNTVn4FvsOT
Forest & Woodland Resources - LINKS
https://plus.google.com/+SuttonHoo/posts/b4U7svx5moe
Town & Country: Forests, Woodsmen, Hunters - LINKS
https://plus.google.com/+SuttonHoo/posts/i2yvE7kZmEJ
Intensification: Oasthouses
https://plus.google.com/+SuttonHoo/posts/9WF4oELcJr4

Wye Valley Woodland (AONB) Wales - Trees woods & forest gardens - agroforestry arboriculture
https://www.youtube.com/playlist?list=PL3hm4LtH_-dogYqTZdrKfhRCUNlwowYmq

Charcoal, coppice, edibles, timber - Tony Blake
https://www.youtube.com/playlist?list=PLtakTnKQQMCzq3gN7I0H5RaM8_DCFWpPz

Ancient Woodland & Value of Trees - antharch
https://www.youtube.com/playlist?list=PLEFMsUiiH110nbFULj5JDl_0nqdm4tbdx
https://plus.google.com/+SuttonHoo/posts/b4U7svx5moe

Bite sized New Forest - New Forest National Park Authority
https://www.youtube.com/playlist?list=PLPERa4Ls5ArrEIV-owtlAIcVPAhcbNC2p

The Weald
https://plus.google.com/+SuttonHoo/posts/dU2mRRiPnj6

https://www.youtube.com/user/highwealdAONB/videos

Hunting scene - Archaeology & History of Medieval Sherwood Forest
http://news.experiencenottinghamshire.com/archaeology-and-history-of-medieval-sherwood-forest/

Medieval Forest of Dean

Forest of Dean
https://plus.google.com/103755316640704343614/posts/GPK5jBvrtux
Forest of Dean 1282 = pre-perambulation
https://plus.google.com/103755316640704343614/posts/fNBkJjHTPeV
St Briavels Hundred
https://plus.google.com/103755316640704343614/posts/F2NzWPbjEVH
Westbury Hundred
https://plus.google.com/103755316640704343614/posts/jBCxzoeeLKx

The area's history is obscure for several centuries after Roman period during the so-called Dark Ages, although at different times it may have been part of the Welsh kingdoms of Gwent and Ergyng, and the Beachley and Lancaut peninsulas east of the Lower Wye remained in Welsh control at least until the 8th century.

Around 790 the Saxon King Offa of Mercia built his dyke high above the Wye, to mark the boundary with the Welsh. The Forest of Dean then came under the control of the diocese of Hereford. Throughout the next few centuries Vikings conducted raids up the Severn, but by the 11th century the kingdom of Wessex had established civil government. The core of the forest was used by the late Anglo Saxon kings, and after 1066 the Normans, as their personal hunting ground. The area was kept stocked with deer and wild boar and became important for timber, charcoal, iron ore and limestone.

The Hundred of St Briavels was established in the 12th century, at the same time as many Norman laws concerning the Forest of Dean were put in place. St Briavels Castle became the Forest's administrative and judicial centre. Verderers were appointed to act for the king and protect his royal rights, and local people were given some common rights.

Flaxley Abbey was built and given rights and privileges. In 1296, miners from the Hundred of St Briavels supported King Edward I at the siege of Berwick-on-Tweed in the Scottish Wars of Independence by undermining the then Scottish town's defences in the first step of his campaign to seize Scotland from John Balliol. As a result, the king granted free mining rights within the forest to the miners and their descendants; the rights continue to the present day. Miners at that time were mainly involved in iron mining although the presence of coal was well known and limited amounts had been recovered in Roman times. Coal was not used for iron making with the methods of smelting then in use. Later the freeminer rights were used mainly for coal mining. The activities of the miners were regulated by the Court of Mine Law.

Forest of Dean - Wikipedia

Cantref


Land in medieval Wales was divided into cantrefi, which were themselves divided into smaller cymydau (commotes). The word cantref is derived from cant ("a hundred") and tref ("town" in modern Welsh, but formerly used for much smaller settlements). The cantref is thought to be the original unit, with the commotes being a later division. Cantrefi could vary considerably in size: most were divided into two or three commotes.

The antiquity of the cantrefi is demonstrated by the fact that they often mark the boundary between dialects. Some were originally kingdoms in their own right; others may have been artificial units created later.

Cantrefi were of particular importance in the administration of the Welsh law. Each cantref had its own court, which was an assembly of the uchelwyr, the main landowners of the cantref. This would be presided over by the king if he happened to be present, or if he was not present, by his representative. Apart from the judges there would be a clerk, an usher and sometimes two professional pleaders. The cantref court dealt with crimes, the determination of boundaries, and inheritance. The commote court later took over many of the functions of the cantref court, and in some areas the names of the commotes are much better known than the name of the cantref of which they formed parts.

Charta de Foresta

In 1217, King Henry III (r. 1216–72) issued a new version of Magna Carta, together with a new charter dealing with the royal forest. It was in a proclamation of February 1218 that the name ‘Magna Carta’ itself first appears, in order to distinguish the Great Charter from its shorter forest brother. On 11 February 1225, at the same time as issuing the final and definitive version of Magna Carta, Henry likewise issued a new version of the Charter of the Forest. Thereafter ‘the Charters’, as they were called, were always linked together.

The British Library's example of the 1225 Forest Charter is one of three surviving originals. In substance, it is similar to the Forest Charter of 1217, but includes the statement about the granting of a tax in return for the charter, and the same long witness list, as in the 1225 Magna Carta. Like Magna Carta, the 1225 Forest Charter was also sealed with the King’s Great Seal. This copy retains its original linen seal bag.
In John’s reign, roughly a third of the country was royal forest, and the penalties imposed for forest offences were a major source of revenue for the king. One aim of the Forest Charter was to reduce the area of the royal forest by removing everything which King Henry II (chiefly blamed for the forest’s vast extent) had placed within it. The Charter also banned capital punishments for forest offences (such as poaching and hunting the protected deer), and exempted those having woods within the forest from fines for erecting buildings and creating new arable land.

https://www.bl.uk/collection-items/the-forest-charter-of-1225 . 

Church and Crown to Parliament


The Early Middle Ages, 284--1000 - Yale >> .

Henry II and Becket > .

Medieval Superstition - Kempley Church > .

Monastic Life > .
Christina of Markyate was born with the name Theodora in Huntingdon, England, about 1096–98 and died about 1155. She was an anchoress and Prioress who came from a wealthy Anglo-Saxon family trying to accommodate with the Normans at that time. She became head of a community of nuns

St Mary's Church, Kempley.
This simple Norman church in Gloucestershire, remote from the village it once served, has the oldest timber roof of any building in England. Its greatest glory, however, comes from having some of the best preserved medieval wall paintings in Britain. Those in the chancel are particularly rare, dating from the early 12th century, and are the most complete set of Romanesque frescos in northern Europe.

The paintings are a vivid reminder of a time when church interiors were covered in such paintings. They tell stories from the Bible, depict the lives of saints, and show terrifying visions of demons and eternal damnation.

Magna Carta > .
In Our Time: The Magna Carta > .
Magna Carta - anth >> .
Magna Carta - 1215 - sh >> .
First Parliaments > .
Great Pestilence - Black Death arch >> .Peasants' Revolt > .
Peasants' Revolt - Great Rising of 1381 - arch >> .
Crime, Punishment, Government - rw >> .
Crime & Punishment - sh >> . Eight cases from across history which still shape the law today (
The Case of Proclamations, 1610 and later).
Dissolution of the Monasteries > .
Greyfriars and Blackfriars > .
In Our Time Playlist >> .
Medieval Feudalism to Post-Industrial Capitalism >> .

The Court of Augmentations, also called Augmentation Court or simply The Augmentation, was established during the reign of King Henry VIII of England along with three lesser courts (those of General Surveyors, First Fruit and Tenths, and Wards and Liveries) following the dissolution of the monasteries. Its primary function was to gain better control over the land and finances formerly held by the Roman Catholic Church in the kingdom. It was incorporated into the Exchequer in 1554 as the augmentation office.

King Henry VIII, the Mind of a Tyrant: 01 > .
King Henry VIII, the Mind of a Tyrant: 02 > .

7. Late Medieval Religion and Its Critics > .
8. Reformation and Division, 1530-1558 > .
Early Modern England with Keith E. Wrightson - Yale >>  .

Slow shift from anti-Lutheranism to using the Reformation > .

Course | History of the World to 1500 CE - Columbia >> .
Course | History of the World Since 1500 CE - Columbia >> .
Bilkent: Medieval Europe (500-1500) | CosmoLearning History >> .
European Civiliization (1648-1945) with John Merriman - Yale >> .
The Civil War and Reconstruction with David Blight - Yale >> .

The English activist John Lilburne (1615-57) is now remembered as one of the leading Levellers – campaigners for a government based on popular sovereignty, two centuries before the advent of mass representative democracy in Europe. But that was only part of a longer public career in which he took on every government he lived under, displaying extraordinary courage and fortitude, and in the process championing legal rights that are important to us all.

Common Law - Habeas corpus & Assize of Clarendon (1166)

Habeas corpus originally stems from the Assize of Clarendon, a re-issuance of rights during the reign of Henry II of England (b. 5 March 1133 ~ r. 19 December d. 1154 – 6 July 1189).

Assize of Clarendon -- 1166

The Assize of Clarendon was an 1166 act of Henry II of England that began the transformation of English law from such systems for deciding the prevailing party in a case, especially felonies, as trial by ordeal or trial by battle or trial by compurgation to an evidentiary model, in which evidence, inspection, and inquiry was made by laymen, knights or ordinary freemen, under oath. This act greatly fostered the methods that would eventually be known in common law countries as trial by jury.

The Assize of Clarendon did not lead to this change immediately, however; recourse to trial by combat was not officially rescinded until 1819.

The Assize takes its name from Clarendon Palace, Wiltshire, the royal hunting lodge at which it was promulgated.

https://en.wikipedia.org/wiki/Assize_of_Clarendon .
http://avalon.law.yale.edu/medieval/assizecl.asp .

Medieval Documents : 400 - 1399
http://avalon.law.yale.edu/subject_menus/medieval.asp
https://www.slideshare.net/georginablair/henry-ii-assizes

Common Law and Equity: A Very Short History
https://www.slideshare.net/mblemieux/common-law-and-equity-a-very-short-history

In the 17th century the foundations for habeas corpus were "wrongly thought" to have originated in Magna Carta. This charter declared that:

"No Freeman shall be taken or imprisoned, or be disseized of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land."

William Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, during the reign of King Edward I. However, other writs were issued with the same effect as early as the reign of Henry II in the 12th century. Blackstone explained the basis of the writ, saying "[t]he king is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted." The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ. A previous law (the Habeas Corpus Act 1640) had been passed forty years earlier to overturn a ruling that the command of the King was a sufficient answer to a petition of habeas corpus.

Then, as now, the writ of habeas corpus was issued by a superior court in the name of the Sovereign, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the royal courts of law. A habeas corpus petition could be made by the prisoner him or herself or by a third party on his or her behalf and, as a result of the Habeas Corpus Acts, could be made regardless of whether the court was in session, by presenting the petition to a judge. Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case (1772), where the black slave Somersett was ordered to be freed. In that case these famous words are said to have been uttered: "The air of England has long been too pure for a slave, and every man is free who breathes it". During the Seven Years' War and later conflicts, the Writ was used on behalf of soldiers and sailors pressed into military and naval service. The Habeas Corpus Act 1816 introduced some changes and expanded the territoriality of the legislation.

The privilege of habeas corpus has been suspended or restricted several times during English history, most recently during the 18th and 19th centuries. Although internment without trial has been authorised by statute since that time, for example during the two World Wars and the Troubles in Northern Ireland, the habeas corpus procedure has in modern times always technically remained available to such internees. However, as habeas corpus is only a procedural device to examine the lawfulness of a prisoner's detention, so long as the detention is in accordance with an Act of Parliament, the petition for habeas corpus is unsuccessful. Since the passage of the Human Rights Act 1998, the courts have been able to declare an Act of Parliament to be incompatible with the European Convention on Human Rights, but such a declaration of incompatibility has no legal effect unless and until it is acted upon by the government.

The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined. However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued. If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it. It is also possible for individuals held by the state to petition for judicial review, and individuals held by non-state entities to apply for an injunction. With the development of modern public law, applications for habeas corpus have been to some extent discouraged, in favour of applications for judicial review.

The writ, however, maintains its vigour, and was held by the UK Supreme Court to be available in respect of a prisoner captured by British forces in Afghanistan, albeit that the Secretary of State made a valid return to the writ justifying the detention of the claimant.

https://en.wikipedia.org/wiki/Habeas_corpus#Origins_in_England
http://legalhistorysources.com/Law508/CommonLawsEurope.htm
http://legalhistorysources.com/Law508/EnglishLawHistory.htm

Thirteenth-century text by English jurist Bracton, De legibus et consuetudinibus Angliae

Bracton's chief claim to fame is his association with the long treatise De legibus et consuetudinibus Angliae (On the Laws and Customs of England), which the noted legal historian F.W. Maitland described as "the crown and flower of English jurisprudence." The work (commonly known now simply as Bracton) attempts to describe rationally the whole of English law, a task that was not again undertaken until Blackstone's Commentaries on the Laws of England in the eighteenth century. The work is remarkable both for its wealth of detail and for its attempts to make sense out of English law largely in terms of the ius commune, the combination of Roman and canon law that was taught in the universities in Bracton's time.

While the attribution of the work to Bracton is of considerable antiquity, it now seems that the bulk of the work was written in the 1220s and 1230s by persons other than Bracton himself. It seems then to have been edited and partially updated in the late 1230s, with various additions being made to it between that time and the 1250s. The last owner of the original manuscript and the author of the later additions was probably Bracton.

http://www.law.harvard.edu/programs/ames_foundation/bracton.html
http://bracton.law.harvard.edu/

http://bracton.law.harvard.edu/Common/SearchPage.htm

Henry II - legal reforms
https://www.slideshare.net/georginablair/henry-ii-assizes
Medieval Documents : 400 - 1399
http://avalon.law.yale.edu/subject_menus/medieval.asp
https://www.slideshare.net/georginablair/henry-ii-assizes

Common Law and Equity: A Very Short History
https://www.slideshare.net/mblemieux/common-law-and-equity-a-very-short-history

Legal Landmarks - HiHu >> .
Allodial title ..  

Collateral consanguinity

Collateral consanguinity, sometimes called Germanic consanguinity, adopted by Pope Alexander II in the 11th century, changed this to defining the degree as the number of generations removed from the common ancestor (not counting the ancestor). Innocent III in 1215 restricted the impediment to the fourth degree, since tracing more distant ancestry was often difficult or impossible.

The first degree would include parents and children
First cousins would be within the second degree, as are uncle and niece
Second cousins would be within the third degree
Third cousins would be within the fourth degree

In the Roman system of calculating the degree of consanguinity, degrees are as follows:

The first degree of kinship includes parents and children (direct line)

The second degree of kinship includes
Brothers and sisters
Grandparents and grandchildren (direct line)

The third degree of kinship includes
Uncles or aunts and nieces and nephews
Great-grandchildren and great-grandparents (direct line)

The fourth degree of kinship includes
First cousins (children sharing a pair of common grandparents)
Great uncles or great aunts and grand nephews and grand nieces
Great grandchildren and great grandparents
.....
Roman civil law generally prohibited marriages within four degrees of consanguinity. Early Christian custom adopted some of these definitions and limits, though the extent of prohibition varied somewhat from culture to culture.

https://www.thoughtco.com/consanguinity-and-medieval-marriages-3529573

https://www.thoughtco.com/cousin-relationships-explained-3960560

Common Law

Milestones Medieval Law
http://www.medievalists.net/2018/04/most-important-events-middle-ages/ .
https://www.historyextra.com/period/norman/10-medieval-dates-you-need-to-know/ .
https://en.wikipedia.org/wiki/Timeline_of_the_Middle_Ages .
http://www.thelatinlibrary.com/imperialism/notes/middleageschron.html .
http://www.medievalists.net/2017/05/10-milestones-medieval-law/ .


The legal culture of England – both medieval and modern – is to say the least peculiar when regarded through the prism of Roman law. One peculiar element in this tradition is the commitment to the unwritten “law”: "Unwritten Verities: The Making of England’s Vernacular Legal Culture, 1463-1549"
http://www.medievalhistories.com/unwritten-verities-the-making-of-englands-vernacular-legal-culture-1463-1549/

Legal Landmarks - HiHu >> .

Frankish-Norman inquest system 

William the Conqueror improved Germanic court procedure by introducing the Frankish-Norman inquest to England. It required local judges to rely on opinions of community leaders who served the court as jurors. Their testimony was critical to civil law decisions. The success of the inquest system encouraged the Crown to use it also for administrative purposes.

Before Northern Italian law schools began turning out a flood of graduates, reliable administrators were hard to find. By mid-12th century, the English monarchy was accustomed to using unpaid jurors to testify on income of local landlords, thus providing evidence for tax levies.

When Henry II became King of England in 1154, he inherited a legal system made up of Germanic and feudal elements that had been fused by royal judges into a common law. This system relied on pleadings that made it archaic compared to the civil law spreading throughout Continental Europe. English law, at that time, did not know the concept of equity. There were no means of suspending a law in the interest of justice. Common Law procedure in criminal trials was biased against the defendants, especially if they came from an inferior social class.

As a cosmopolitan Frenchman and one of the best educated kings of the 12th century, Henry II was aware that Common Law compared unfavourably with the Roman system. His judges, trained in canonical procedures, were not blind to its imperfections. But Henry II decided against replacing his inherited Common Law with Civil Law principles and institutions operating at that time on the Continent. Common Law was in place, it was popular, and above all, it was cheap.

English judges were not well-paid civil servants as under the Roman system. Common Law provided a steady revenue from fines and required less administration. It also allowed the Crown to use unpaid juries for local administrative purposes with a minimum of bureaucratic personnel. Common Law, as Cantor said, was truly “self-government at the king’s command.”

Had English Common Law not already functioned in 1154, Henry II might have adopted the Roman system of centralized law and administration as his French cousins did at the end of the 12th century. But Henry II satisfied himself with improving English legal procedure through the expanded use of juries in civil suits. He introduced the grand jury indictment in criminal pleas.

Although Common Law was less conducive to royal absolutism than the Justinian Code, its preservation was convenient and inexpensive to Henry II. The king believed he could achieve practical absolutism by exploiting the existing law institutions.

In the 13th century, the English Common Law assumed its full institutional form with the development of the jury verdict. English Common Law preserved the idea that the law of the land resides both in the legislative power of the king as well as the community. English Law was not an expression of royal will. Thus, while the Justinian Code stated “The will of the Emperor has the force of law,” in English juristic theory, however, the king, like any other member of the community, was subject to the common law.

http://www.medievalists.net/2013/11/why-roman-law-did-not-succeed-in-england/

Common law: Why the Anglo-Saxon system persisted under Anglo-Norman rulers

Justinian’s Corpus Juris Civilis was well known in England at that time. Scholars of the Northern Italian universities taught in England. The royal administrators of the reign of Henry I (1100–1135) were educated in France or Italy. Judges during the reign of Henry II (King of England 1154–1189) were usually churchmen familiar with Romano-canonical procedures and principles.

Anglo-Norman rulers had actually no interest in preserving Germanic legal traditions that were opposed to a strong central government but rather based on community power. Legal absolutism and centralism, enshrined in the Justinian Code, actually would have better conformed to the policy of the Angevin (Plantagenet) kings of England than did the traditional Germanic law system. Henry II — like his contemporaries Emperor Barbarossa of Germany and the Capetian monarchs of France — favoured central authority. Thus, Henry II might logically have imposed the new civil law on England.

However, in the 12th century, the Anglo-Norman monarchy was way ahead of other European governments in the development of strong, centralized institutions. Between 1066 and 1135, the founding period of royal power in England, the Roman laws codified by Justinian, and the new administrative personnel for the royal bureaucracies that the Italian law schools were to provide, did not yet exist. The Crown, therefore, had to make do with laws at hand, although they were less conducive to royal absolutism than the laws that later became available under Roman (Civil) Law.

Consequently, Anglo-Norman rulers allowed the continuance of *shire courts, a refinement of the early “Hundred Courts,” descendants of old Germanic folkmoots. English courts were dominated by prominent local men. Regional Lords acted as judges. Pleadings were oral. Until about 1214, trial by ordeal still took place to decide innocence in criminal proceedings.

The English Crown exercised supervision over local courts by dispatching itinerant, unpaid judges to preside during assizes. One function of such judges was to collect fines for the Crown. Under feudal law the king presided, but did not dominate his Royal Courts. Changes in legislation were usually made with the consent of the magnates.
http://www.medievalists.net/2013/11/why-roman-law-did-not-succeed-in-england/

Milestones Medieval Law

Crime & Punishment

Crime and Punishment - The Story of Capital Punishment (2011) > .

Crime & Punishment: Key Terms (c1000-Present) >
Key Terms: Change, Turning Point, Continuity, Crimes against Authority, Treason, High Treason, Crimes against property, Moral Crimes, Social Crimes, Retribution, Rehabilitation, Deterrent, Capital Punishment, Corporal Punishment, Trial by Ordeal, Trial by Hot Iron, Clergy, Heresy, Secular, Decriminalise, Pardon, Penal, Hate Crime, Collective Responsibility

Drawn, hanged, and quartered ..                             

Crime, Punishment, Government - RaWa >> .
Andrew Marr - The Making of Modern Britain - anth >> .
Rulers & Ruled (British Political History 1066-1919) - Time >> .


Lydford Castle really ought to be known as Lydford Prison. Indeed, the historian Andrew Saunders described it as ‘the earliest example of a purpose-built gaol’ in England. It was constructed at the end of the 12th century, and its central purpose quickly became the administration of local laws – and the imprisonment of those who dared to flout them.

The castle was even redesigned in the middle of the 13th century to resemble an archaic symbol of punitive authority, the ‘motte and bailey’. This involved burying the ground floor of the tower under a mound of earth, which had the additional advantage of forming an underground pit to house the lowest status prisoners. https://www.english-heritage.org.uk/visit/places/lydford-castle-and-saxon-town/history/lydford-law .

Crime in medieval times Monty python > .   

Crime & Punishment in Anglo-Saxon England


Declaration of the Rights of Man



Approved by the National Assembly of France, August 26, 1789

The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect, or contempt of the rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the presence and under the auspices of the Supreme Being, the following rights of man and of the citizen:

1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression.
3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.
4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law.
5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law.
6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents.
7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offense.
8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.
9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner's person shall be severely repressed by law.
10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the public order established by law.
11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.
12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the good of all and not for the personal advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be equitably distributed among all the citizens in proportion to their means.
14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of the taxes.
15. Society has the right to require of every public agent an account of his administration.
16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined, shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified.
https://avalon.law.yale.edu/18th_century/rightsof.asp .      
https://en.wikipedia.org/wiki/Declaration_of_the_Rights_of_Man_and_of_the_Citizen .


  1. Les hommes naissent et demeurent libres et égaux en droits. Les distinctions sociales ne peuvent être fondées que sur l'utilité commune.
  2. Le but de toute association politique est la conservation des droits naturels et imprescriptibles de l'homme. Ces droits sont la liberté, la propriété, la sûreté, et la résistance à l'oppression.
  3. Le principe de toute souveraineté réside essentiellement dans la Nation. Nul corps, nul individu ne peut exercer d'autorité qui n'en émane expressément.
  4. La liberté consiste à pouvoir faire tout ce qui ne nuit pas à autrui : ainsi, l'exercice des droits naturels de chaque homme n'a de bornes que celles qui assurent aux autres membres de la société la jouissance de ces mêmes droits. Ces bornes ne peuvent être déterminées que par la Loi.
  5. La Loi n'a le droit de défendre que les actions nuisibles à la société. Tout ce qui n'est pas défendu par la Loi ne peut être empêché, et nul ne peut être contraint à faire ce qu'elle n'ordonne pas.
  6. La Loi est l'expression de la volonté générale. Tous les citoyens ont droit de concourir personnellement, ou par leurs représentants, à sa formation. Elle doit être la même pour tous, soit qu'elle protège, soit qu'elle punisse. Tous les citoyens étant égaux à ses yeux, sont également admissibles à toutes dignités, places et emplois publics, selon leur capacité, et sans autre distinction que celle de leurs vertus et de leurs talents.
  7. Nul homme ne peut être accusé, arrêté ni détenu que dans les cas déterminés par la Loi, et selon les formes qu'elle a prescrites. Ceux qui sollicitent, expédient, exécutent ou font exécuter des ordres arbitraires, doivent être punis; mais tout citoyen appelé ou saisi en vertu de la Loi, doit obéir à l'instant : il se rend coupable par la résistance.
  8. La Loi ne doit établir que des peines strictement et évidemment nécessaires, et nul ne peut être puni qu'en vertu d'une loi établie et promulguée antérieurement au délit, et légalement appliquée.
  9. Tout homme étant présumé innocent jusqu'à ce qu'il ait été déclaré coupable, s'il est jugé indispensable de l'arrêter, toute rigueur qui ne serait pas nécessaire pour s'assurer de sa personne, doit être sévèrement réprimée par la Loi.
  10. Nul ne doit être inquiété pour ses opinions, même religieuses, pourvu que leur manifestation ne trouble pas l'ordre public établi par la Loi.
  11. La libre communication des pensées et des opinions est un des droits les plus précieux de l'homme; tout citoyen peut donc parler, écrire, imprimer librement, sauf à répondre de l'abus de cette liberté dans les cas déterminés par la Loi.
  12. La garantie des droits de l'homme et du citoyen nécessite une force publique; cette force est donc instituée pour l'avantage de tous, et non pour l'utilité particulière de ceux auxquels elle est confiée.
  13. Pour l'entretien de la force publique, et pour les dépenses d'administration, une contribution commune est indispensable : elle doit être également répartie entre tous les citoyens, en raison de leurs facultés.
  14. Tous les citoyens ont le droit de constater, par eux-mêmes ou par leurs représentants, la nécessité de la contribution publique, de la consentir librement, d'en suivre l'emploi, et d'en déterminer la quotité, l'assiette, le recouvrement et la durée.
  15. La société a le droit de demander compte à tout agent public de son administration.
  16. Toute société dans laquelle la garantie des droits n'est pas assurée, ni la séparation des pouvoirs déterminée, n'a point de constitution.
  17. La propriété étant un droit inviolable et sacré, nul ne peut en être privé, si ce n'est lorsque la nécessité publique, légalement constatée, l'exige évidemment, et sous la condition d'une juste et préalable indemnité.                                                                                                                                                                                                            https://www.justice.gc.ca/fra/pr-rp/sjc-csj/pji-ilp/rev5/index.html