Alfred the Great : $b containing chapters on his life and times
History
Alfred the Great : $b containing chapters on his life and times
Alfred, King of England, 849-899; Great Britain -- History -- Alfred, 871-899
Anglo-Saxon life was rough and crude as compared not only with any modern
standard but with the amount of civilisation which survived, or had been
recovered, on the Continent. There was very little foreign trade, not
much internal traffic, nothing like industrial business of any kind on
a large scale, and (it need hardly be said) no system of credit. Such
conditions gave no room for refined legal science applied by elaborate
legal machinery, such as those of the Roman Empire had been and those
of modern England and the commonwealths that have sprung from her were
to be. Such as the men were, such had to be the rules and methods
whereby some kind of order was kept among them. Our ancestors before
the Norman Conquest lived under a judicial system, if system it can be
called, as rudimentary in substance as it was cumbrous in form. They
sought justice, as a rule, at their primary local court, the court of
the hundred, which met once a month, and for greater matters at a higher
and more general court, the county court, which met only twice a year,
except, perhaps, for merely formal business. We say purposely met rather
than sat. The courts were open-air meetings of the freemen who were
bound to attend them, the _suitors_ as they are called in the terms of
Anglo-Norman and later medieval law; there was no class of professional
lawyers; there were no judges in our sense of learned persons specially
appointed to preside, expound the law, and cause justice to be done; the
only learning available was that of the bishops, abbots, and other great
ecclesiastics. This learning, indeed, was all the more available and
influential because, before the Norman Conquest, there were no separate
ecclesiastical courts in England. There were no clerks nor, apparently,
any permanent officials of the popular courts; their judgments proceeded
from the meeting itself, not from its presiding officer, and were
regularly preserved only in the memory of the suitors. A modern student
or man of business will at first sight wonder how this rude and scanty
provision for judicial affairs can have sufficed even in the Dark Ages.
But when we have reflected on the actual state of Anglo-Saxon society, we
may be apt to think that at times the hundred and the county court found
too little to do rather than too much. The materials for what we now call
civil business practically did not exist.
Public-domain text, read in full here on John Shaqi.
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