Medieval EuropeDavis, H. W. Carless (Henry William Carless)
History
Medieval Europe
Davis, H. W. Carless (Henry William Carless)
Europe -- History -- 476-1492; Middle Ages
The ordinary freeman, upon whom falls the ultimate burden of military
service, has no voice in the debates of the Mayfield; but ordinances
affecting the old customary laws of the several races which make up the
kingdom (Salians, Ripuarians, Saxons, etc.) do not take effect till they
have been accepted by popular assemblies in the provinces which they
concern. And such revisions are infrequent. The royal prerogative in
legislation is limited by a popular prejudice, which regards the
customary law as sacred and immutable. The Capitularies are chiefly
administrative ordinances; the "law of the land," which is the same
everywhere and for all persons, is an ideal to be realised in England
alone of medieval states. Elsewhere the king's law is a supplement, a
postscript; the privilege of the free man is to live under the law of
his province, his lord's fief or his free city.
In local administration the king relies, outside the tribal duchies, on
counts whose districts are subdivisions of the old national provinces.
The count, often a hereditary official, is a royal deputy for all
purposes, military and civil. He collects the royal dues, leads the free
men to the host, maintains the peace and administers justice. His
tribunal is the old Germanic hundred-court, in which the free suitors
ought to be the judges; but the suitors for this purpose are represented
by a few doomsmen (_scabini_) chosen for their respectability and
knowledge of the law. They are an ineffectual check upon the count, and
it is a standing difficulty to find ways and means of compelling these
local viceroys to act with common honesty. For this purpose the king
annually appoints itinerant inspectors (_missi dominici_); in twos
and threes they are dispatched on circuit to acquaint the count with
royal instructions, to promulgate new legislation, and above all to
receive and adjudicate upon the complaints of all who are oppressed. A
comparatively late expedient, and the first part of the Carolingian
system to disappear, these tours of inspection were the one safeguard
against local misgovernment and the feudalising of official power. When
they ceased, the Carolingian county too often became a hereditary fief
exploited for the lord's sole benefit.
Public-domain text, read in full here on John Shaqi.
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