Legal Definitions - free law

Free Law

Historically, free law referred to the fundamental rights and privileges that a free person possessed in certain societies, particularly in medieval Europe. These rights distinguished a freeman from individuals who were not free, such as serfs, who had limited personal autonomy and were often tied to the land or obligated to a lord. A freeman's rights could include the ability to own property, move freely, marry without permission, and participate in legal proceedings or local governance. However, these rights were not absolute and could be revoked if the freeman committed severe offenses, such as treason or other serious crimes.

Here are some examples illustrating the concept of free law:

• Property Ownership and Mobility: Imagine a freeman in 12th-century England who owned a small plot of land. Under free law, he had the right to sell that land, bequeath it to his heirs, or even leave his village to seek work elsewhere without needing his lord's permission. In contrast, a serf on the same estate would be tied to the land, unable to leave or transfer property without the lord's consent.

  This illustrates free law by highlighting the freeman's fundamental rights to property and freedom of movement, which were core components of their free status and distinct from the restricted lives of serfs.

• Participation in Justice: During a local dispute in a medieval town, a freeman accused of a minor offense had the right to present his case before a local court or an assembly of his peers, and his testimony would be considered. He could also bring a complaint against another individual.

  This demonstrates free law by showing the freeman's privilege to engage with the legal system and have their voice heard, a right generally denied to serfs who often had their disputes settled by their lord or had limited standing in formal legal proceedings.

• Forfeiture of Rights: If a freeman in a historical kingdom was found guilty of conspiring against the monarch (treason), they would not only face severe punishment but also lose their status as a freeman. This meant forfeiting their lands, titles, and all associated rights, potentially even becoming an outlaw or being reduced to a lesser status.

  This example clearly shows how free law, despite being a set of inherent rights, could be entirely forfeited. The conviction for a grave crime resulted in the loss of their free status and all the privileges that came with it, illustrating the conditional nature of these historical rights.