Cassell's History of England, Vol. 1 (of 8): From the Roman Invasion to the Wars of the RosesAnonymous
History
Cassell's History of England, Vol. 1 (of 8): From the Roman Invasion to the Wars of the Roses
Anonymous
Great Britain -- History
The division above the hundred was the _shire_, usually formed on
the lines of the old kingdoms, as in the case of Kent and Sussex; or
sub-kingdoms as in the case of most of the midland shires. The boundaries
of each shire were co-extensive with those of each bishopric. The court
of the shire, or shire-moot, was presided over by the _sheriff_ or reeve
of the shire, who was appointed by the king. By his side sat the alderman
or chief military officer of the shire, and the bishop. The shire-moot
met twice a year, and any freeman was entitled to attend it, and to have
a voice in its decisions.
Its business was two-fold, taxation and justice. Taxation was a very
simple affair, being practically non-existent until the period of the
Danish invasion, when, as we shall see, the obnoxious burden known as
Danegeld was introduced. Its necessity was obviated by the obligation
which lay upon every freeman known as the "three-fold necessity"
(_trinoda necessitas_), by which he was bound to attend the host or
_fyrd_ in time of war, to repair the public roads, and to keep the
fortifications in good order. Thus no imposts were necessary for what are
some of the principal sources of modern rating; while the king lived and
kept up his court upon the proceeds of the royal domains.
In the matter of justice the shire-moot acted as a court of appeal from
the inferior courts. The influence of the great landowners over it must
have been considerable, for the verdict was given by the twelve senior
thegns. The methods of trial in this and the other courts of old England
in criminal cases were three in number, a statement of innocence on oath,
_compurgation_ and _ordeal_. Compurgation was a mode of defence by which
a man was held to have established his innocence if he could get twelve
men to swear that he was not guilty of the crime in question. Ordeal
was allowed as an alternative to those who failed in or shrank from the
process of compurgation or of taking an oath themselves. It was practised
either by boiling water or red-hot iron. The water, or iron, was
consecrated by many prayers, masses, fastings, and exorcisms; after which
the person accused either took up a stone sunk in the water to a certain
depth, or carried the iron to a certain distance; and his hand being
wrapped up, and the covering sealed for three days, if there appeared,
on examining it, no marks of burning, he was pronounced innocent; if
otherwise, guilty. There were other and less credible methods of trial by
ordeal. The trial by cold water was one of them. The person was thrown
into consecrated water; if he swam he was guilty, if he sank, innocent.
It is difficult for us to conceive how any innocent person could ever
escape by the one trial, or any criminal be convicted by the other. But
there was another usage admirably calculated for allowing every criminal
to escape who had confidence enough to try it. A consecrated cake, called
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