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
There is now no doubt among scholars that the primary court was the
hundred court. If the township had any regular meeting (which is quite
uncertain), that meeting was not a judicial body. The King, on the other
hand, assisted by his Council of wise men, the Witan,[37] had a superior
authority in reserve. It was allowable to seek justice at the king’s
hands if one had failed, after due diligence, to obtain it in the hundred
or the county court. Moreover the Witan assumed jurisdiction in the first
instance where land granted by the king was in question, and perhaps in
other cases where religious foundations or the king’s great men were
concerned. Several examples of such proceedings are recorded, recited
as we should say in modern technical speech, in extant land-charters
which declare and confirm the result of disputes, and therefore we know
more of them than we do of the ordinary proceedings in the county and
hundred courts, of which no written record was kept. But they can have
had very little bearing, if any, on the daily lives of the smaller folk.
In important cases, the county court might be strengthened by adding the
chief men of other counties; and, when thus reinforced, there is hardly
anything to distinguish it from the Witan save that the king is not there
in person.[38] The king might act as arbitrator or give advice to his
immediate dependents to compromise their suits; but there was no regular
way of appealing from the judgments of the popular courts.
Some considerable time before the Norman Conquest, but how long is not
known, bishops and other great men had acquired the right of holding
courts of their own and taking the profits in the shape of fines and
fees, or what would have been the king’s share of the profits. My own
belief is that this began very early, but there is no actual proof
of it. Twenty years after the Conquest, at any rate, we find private
jurisdiction constantly mentioned in the Domesday Survey, and common in
every part of England: about the same time, or very shortly afterwards,
it was recognised as a main ingredient in the complex and artificial
system of feudalism. After having grown in England, as elsewhere, to
the point of threatening the king’s supremacy, but having happily
found in Edward I. a master such as it did not find elsewhere before
the time of Richelieu, the manorial court is still with us in a form
attenuated almost to the point of extinction. It is not material for the
later history of English law to settle exactly how far the process of
concession or encroachment had gone in the time of Edward the Confessor,
or how fast its rate was increasing at the date of the Conquest. There
can be no doubt that on the one hand it had gained and was gaining speed
before “the day when King Edward was alive and dead,”[39] or on the other
hand that it was further accelerated and emphasised under rulers who
were familiar with a more advanced stage of feudalism on the Continent.
Public-domain text, read in full here on John Shaqi.
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