Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
The Normans used the Anglo-Saxon concepts of jurisdictional
powers. Thus when William confirmed "customs" to the abbot of
Ely, these were understood to include the following: 1) sac and
soke - the right to hold a court of private jurisdiction and
enjoy its profits, 2) toll - a payment in towns, markets, and
fairs for goods and chattel bought and sold, 3) team - persons
might be vouched to warranty in the court, the grant of which
made a court capable of hearing suits arising from the transfer
of land, 4) infangenthef - right of trying and executing thieves
on one's land, 4) hamsocne, 5) grithbrice - violation of the
grantees' special peace, for instance that of the sheriff, 6)
fihtwite - fine for a general breach of the peace, 7) fyrdwite -
fine for failure to appear in the fyrd [national militia].
Every shire had at least one burh, or defensible town. Kings had
appointed a royal moneyer in each to mint silver coins for local
use. On one side was the King's head in profile and on the other
side was the name of the moneyer. When a new coinage was issued,
all moneyers had to go to London to get the new dies. William's
head faced frontally on his dies, instead of the usual profile
used by former Kings.
William held and presided over his council three times a year, as
was the custom, at Easter, Christmas, and Whitsuntide. This was
an advisory council and consisted of earls, greater barons,
officers of the King's household, archbishops, and bishops. It's
functions were largely ceremonial. William's will was the motive
force which under lay all its action. When it was administering
royal justice, it was called the Royal Court. The justiciar was
the head of all legal matters and represented the King in his
absence from the realm. The Treasurer was responsible for the
collection and distribution of revenue. The Chancellor headed
the Chancery and the chapel.
Sheriffs became powerful figures as the primary agents for
enforcing royal edicts. They collected the royal taxes, executed
royal justice, and presided over and controlled the hundred and
shire courts. They also took part in the keeping of castles and
often managed the estates of the King. Most royal writs were
addressed to the sheriff and shire courts. They also led the
shire militia in time of war or rebellion.
Royal income came from customary dues, profits of coinage and of
justice, and revenues from the King's own estates. For war, a
man with five hides of land was required to furnish one
heavy-armed horseman for forty days service in a year. A threat
of a Viking invasion caused William to reinstitute the danegeld
tax. To impose this uniformly, he sent commissioners to conduct
surveys by sworn verdicts of appointed groups of local men. A
detailed survey of land holdings and the productive worth of
each was made in 1086. The English called it the "Doomsday Book"
because there was no appeal from it.
Public-domain text, read in full here on John Shaqi.
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