Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
After Alfred's death, his daughter Aethelflared ruled the country
for seven years. She had more fortified burhs built and led
soldiers to victories.
Under the royalty were the nobles. An earl headed each shire as
representative of the King. The term "earl" came to denote an
office instead of a nobleman. He led the array of his shire to do
battle if the shire was attacked. He executed all royal commands.
An earl received grants of land and could claim hospitality and
maintenance for himself, his officers, and his servants. He
presided over the shire court. He received one-third of the fines
from the profits of justice and collected as well a third of the
revenues derived from tolls and duties levied in the boroughs of
his shire. The office tended to be hereditary. Royal
representatives called "reeves" started to assist them. The reeve
took security from every person for the maintenance of the public
peace. He also tracked cattle thieves, brought suspects to court,
gave judgments according to the doom books, and delivered
offenders to punishment.
Under the earls were the thegns. By service to the King, it was
possible for a coerl to rise to become a thegn and to be given
land by the King. Other thegns performed functions of magistrates.
A thegn was later identified as a person with five hides of land,
a kitchen, a church, a bell house, a judicial place at the
burhgemote [a right of magistracy], and an appointment in the
King's hall. He was bound to service in war by virtue of his
landholding instead of by his relationship to the king. Nobility
was now a territorial attribute, rather than one of birth. The
wergeld of a thegn was 1200s. when that of a ceorl or ordinary
freeman was 200s. The wergeld of an earl or bishop was four times
that of a thegn: 5800s. The wergeld of a king or archbishop was
six times that of a thegn: 7200s. The higher a man's wergeld, the
higher was his legal status in the scale of punishment, giving
credible evidence, and participation in legal proceedings. The
sokemen were freemen who had inherited their own land, chose their
own lord, and attended and were subject to their lord's court.
That is, their lord has soke [soc] jurisdiction over them. A ceorl
typically had a single hide of land. A smallholder rented land of
about 30 acres from a landlord, which he paid by doing work on the
lord's demesne [household or messuage] land, paying money rent, or
paying a food rent such as in eggs or chickens. Smallholders made
up about two fifths of the population. A cottager had one to five
acres of land and depended on others for his living. Among these
were shepherds, ploughmen, swineherds, and blacksmiths. They also
participated in the agricultural work, especially at harvest time.
Public-domain text, read in full here on John Shaqi.
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