Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
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.
Burhs grew into towns and some towns into boroughs by obtaining
a charter from the king. Their citizens were landholding freemen
called."burgesses". A borough typically was a place of refuge with
earth works, and perhaps a garrrison; it had a market place in which
men could buy cattle and other goods and have the sale attested by
official witnesses and toll was taken from them; and it had a meeting
place at which a court was held.
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 collected 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 sake [sac] and soke [soc] jurisdiction over them - the
right to hold a court and to receive the profits of jurisdiction. 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 [land held by the one lowest in the scale of holding who
has a general right of doing with it what he pleases] land, paying
money rent, or paying a food rent such as in eggs or chickens.
Public-domain text, read in full here on John Shaqi.
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