If any money is over he shall return it to the debtor. But if
there is not enough to pay him, he shall take distress again for
the amount that is lacking."
Past due rent in a borough was punishable by payment of 10s. as
fine.
Judicial activity encouraged the recording of royal legislation in
writing which both looked to the past and attempted to set down
law current in Henry's own day. The "Liberi Quadripartitus" aimed
to include all English law of the time. This showed an awareness
of the ideal of written law as a statement of judicial principles
as well as of the practice of kingship. In this way, concepts of
Roman law used by the Normans found their way into English law.
Church law provided that only consent between a man and woman was
necessary for marriage. There needn't be witnesses, ceremony, nor
consummation. Consent could not be coerced. Penalties in marriage
agreements for not going through with the marriage were deemed
invalid. Villeins and slaves could marry without their lords' or
owners' permission. A couple living together could be deemed
married. Persons related by blood within certain degrees, which
changed over time, of consanguinity were forbidden to marry. This
was the only ground for annulment of a marriage. A legal
separation could be given for adultery, cruelty, or heresy.
Annulment, but not separation, could result in remarriage. Fathers
were usually ordered to provide some sustenance and support for
their illegitimate children.
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