A History of England, Period I. Mediæval MonarchyBright, J. Franck (James Franck)
History
A History of England, Period I. Mediæval Monarchy
Bright, J. Franck (James Franck)
Great Britain -- History
Meanwhile, the Franchises and territorial jurisdictions went on
increasing till the ideas of possession of land and jurisdiction
began to go constantly together. The Thegn, who only possessed five
Hides, had his court. In the time of Cnut a further step was taken.
The wealthy landowner, under the name of Landrica, represented
the king in his district, and had jurisdiction over the lesser
freeholders. While, to crown all, the new position of the king gave
him the sole jurisdiction over the holders of bocland, to which,
as we have seen, allodial property was gradually assimilating
itself. In all these ways private and territorial jurisdictions
were strengthened, and enabled very largely to encroach upon the
national and popular courts. The position of the Landrica was
little else than that of a feudal baron, and the independence
of the great hereditary official, so marked a characteristic of
Continental feudalism, was almost reproduced in England, when Cnut
divided the kingdom into four great Earldoms.
[Sidenote: Central government. The Witan.]
[Sidenote: Increased power of the King.]
[Sidenote: Finance.]
To pass from the local government to the central. It has been
seen that justice and municipal law were carried on through a
series of free assemblies or Gemots; so too the general meeting,
or Gemot of the nation, constituted the chief legislative and
judicial assembly. This was called the Witan or wise men, or the
Witana-Gemot or assembly of wise men. It was doubtless originally
the National Assembly of all free men, but by an easy change which
befalls all such assemblies, attendance on it grew awkward to
the multitude, and was shortly confined to those who bore office
about the court, the king’s Thegns and bishops. The principle
of representation was not understood, and the freemen, although
they possessed an inherent right to be present, were not in fact
represented, except in so far as the presence of friendly and
neighbouring Thegns might be held to represent them. The power
of the Witan was great and various, being in theory the power
of a free nation. They could elect and discrown a king, and
practically did elect him, though usually from among the nearest
relatives of the late king. A remnant of this elective form of
the monarchy still exists in our form of coronation. Peace and
war were discussed in the Witan. The co-operation of the Witan
was necessary to authorize alienation of public land; and to them
ultimate judicial appeals were made. Early in the eleventh century,
however, the king had so far improved his position that he was able
to grant land without their leave, and also to call to his court
cases not yet completed in the lower courts. The same change in
the character of the king, which has been already mentioned, shows
itself here also. He was originally the leader of a free tribe,
perhaps of a clan, but gradually as his dominion extended his power
rose also; and his personal influence, though somewhat undefined,
Public-domain text, read in full here on John Shaqi.
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