The Great Events by Famous Historians, Volume 05: (From Charlemagne to Frederick Barbarossa)
History
The Great Events by Famous Historians, Volume 05: (From Charlemagne to Frederick Barbarossa)
World history
The institution of the collective Frank pledge, which recent writers
incline to treat as a Norman innovation, is so distinctly colored by
English custom that it has been generally regarded as purely indigenous.
If it were indeed a precaution taken by the new rulers against the
avoidance of justice by the absconding or harboring of criminals, it
fell with ease into the usages and even the legal terms which had been
common for other similar purposes since the reign of Athelstan. The
trial by battle, which on clearer evidence seems to have been brought in
by the Normans, is a relic of old Teutonic jurisprudence, the absence of
which from the Anglo-Saxon courts is far more curious than its
introduction from abroad.
The organization of jurisdiction required and underwent no great change
in these respects. The Norman lord who undertook the office of sheriff
had, as we have seen, more unrestricted power than the sheriffs of old.
He was the king's representative in all matters judicial, military, and
financial in his shire, and had many opportunities of tyrannizing in
each of those departments: but he introduced no new machinery. From him,
or from the courts of which he was the presiding officer, appeal lay to
the king alone; but the king was often absent from England and did not
understand the language of his subjects. In his absence the
administration was intrusted to a _judiciar_, a regent, or lieutenant,
of the kingdom; and the convenience being once ascertained of having a
minister who could in the whole kingdom represent the king, as the
sheriff did in the shire, the judiciar became a permanent functionary.
This, however, cannot be certainly affirmed of the reign of the
Conqueror, who, when present at Christmas, Easter, and Whitsuntide, held
great courts of justice as well as for other purposes of state; and the
legal importance of the office belongs to a later stage. The royal
court, containing the tenants-in-chief of the crown, both lay and
clerical, and entering into all the functions of the witenagemot, was
the supreme council of the nation, with the advice and consent of which
the King legislated, taxed, and judged.
In the one authentic monument of William's jurisprudence, the act which
removed the bishops from the secular courts and recognized their
spiritual jurisdictions, he tells us that he acts "with the common
council and counsel of the archbishops, bishops, abbots, and all the
princes of the kingdom." The ancient summary of his laws contained in
the _Textus Roffensis_ is entitled "_What William, King of the English,
with his Princes enacted after the Conquest of England_"; and the same
form is preserved in the tradition of his confirming the ancient laws
reported to him by the representatives of the shires. The _Anglo-Saxon
Chronicle_ enumerates the classes of men who attended his great courts:
"There were with him all the great men over all England, archbishops and
bishops, abbots and earls, thegns and knights."
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account