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
There were courts for different geographical communities:
shires, hundreds, and vills. The arrangement of the whole kingdom into
shires was completed by 975 after being united under King Edgar.
A shire was a large area of land, headed by an earl. A shire
reeve or "sheriff" represented the royal interests in the shires and in
the shire courts. This officer came to be selected by the king and earl
of the shire to be a judicial and financial deputy of the earl and to
execute the law. The office of sheriff, which was not hereditary, was
also responsible for the administration of royal lands and royal
accounts. The sheriff summoned the freemen holding land in the shire,
four men selected by each community or township, and all public
officers to meet twice a year at their "shiremotes". Actually only the
great lords - the bishops, earls, and thegns - attended. The shire
court was primarily concerned with issues of the larger landholders.
Here the freemen interpreted the customary law of the locality. The
earl declared the secular law and the bishop declared the spiritual
law. They also declared the sentence of the judges. The earl usually
took a third of the profits, such as fines and forfeits, of the shire
court, and the bishop took a share. In time, the earls each came to
supervise several shires and the sheriff became head of the shire and
assumed the earl's duties there, such as heading the shire fyrd. The
shire court also heard cases which had been refused justice at the
hundredmote and cases of keeping the peace of the shire.
The hundred was a division of the shire, having come to refer
to a geographical area rather than a number of households. The monthly
hundredmote could be attended by any freeman holding land (or a lord's
steward), but was usually attended only by reeve, thegns, parish
priest, and four representatives selected by each agrarian community or
village - usually villeins. Here transfers of land were witnessed.
The sheriff, or a reeve in his place, presided over minor local
criminal and peace and order issues. When the jurisdiction was in the
hands of a sheriff, it was called the sheriff's tourn. All residents
were expected to attend this court. When the jurisdiction was in
private hands, it was called a leet court. Leet jurisdiction derived
from sac and soke jurisdiction. Sac and soc jurisdiction was possession
of legal powers of execution and profits of justice held by a noble or
institution over inhabitants and tenants of the estate, exercised
through a private court.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account