The History of England - a Study in Political Evolution — John Shaqi
The History of England - a Study in Political EvolutionPollard, A. F. (Albert Frederick)
History
The History of England - a Study in Political Evolution
Pollard, A. F. (Albert Frederick)
Great Britain -- History; Great Britain -- Politics and government
This growth of private jurisdiction was another sign of the times.
Justice had once been administered in the popular moots, though from
very early times there had been social distinctions. Each village had
its "best" men, generally four in number, who attended the moots of the
larger districts called the Hundreds; and the "best" were probably
those who had inherited or acquired the best homesteads. This
aristocracy sometimes shrank to one, and the magnate, to whom the poor
surrendered their land in return for protection, often acquired also
rights of jurisdiction, receiving the fines and forfeits imposed for
breaches of the law. He was made responsible, too, for the conduct of
his poorer neighbours. Originally the family had been made to answer
for the offences of its members; but the tie of blood-relationship
weakened as the bond of neighbourhood grew stronger with attachment to
the soil; and instead of the natural unit of the family, an artificial
unit was created for the purpose of responsibility to the law by
associating neighbours together in groups of ten, called peace-pledges
or frith-borhs. It is at least possible that the "Hundred" was a
further association of ten frith-borhs as a higher and more responsible
unit for the administration of justice. But the landless man was
worthless as a member of a frith-borh, for the law had little hold over
a man who had no land to forfeit and no fixed habitation. So the
landless man was compelled by law to submit to a lord, who was held
responsible for the behaviour of all his "men"; his estate became, so
to speak, a private frith-borh, consisting of dependents instead of the
freemen of the public frith-borhs. These two systems, with many
variations, existed side by side; but there was a general tendency for
the freemen to get fewer and for the lords to grow more powerful.
This growth of over-mighty subjects was due to the fact that a
government which could not protect the poorest could not restrain the
local magnates to whom the poor were forced to turn; and the weakness
of the government was due ultimately to the lack of political education
and of material resources. The mass of Englishmen were locally minded;
there was nothing to suggest national unity to their imagination. They
could not read, they had no maps, nor pictures of crowned sovereigns,
not even a flag to wave; none, indeed, of those symbols which bring
home to the peasant or artisan a consciousness that he belongs to a
national entity. Their interests centred round the village green; the
"best" men travelled further afield to the hundred and shire-moot, but
anything beyond these limits was distant and unreal, the affair of an
outside world with which they had no concern. Anglo-Saxon patriotism
never transcended provincial boundaries.
Public-domain text, read in full here on John Shaqi.
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