The history of England, from the earliest times to the Norman ConquestHodgkin, Thomas
History
The history of England, from the earliest times to the Norman Conquest
Hodgkin, Thomas
Great Britain -- History -- To 1066
It will be seen that the Ealdorman is here put on a level with the
Bishop. At the point of West Saxon history which we have now reached,
there seems to have been one ealdorman to every shire. He commanded the
_fyrd_ of his shire in battle, he presided along with the bishop and
the reeve in the shire-gemot, of which later laws than Ine’s inform us:
and altogether his position may perhaps be best imagined by comparing
it with that of a modern lord-lieutenant of a county.
* * * * *
Some further light on the ranks and orders in the Anglo-Saxon kingdoms
is shown by the rather copious ordinances on the subject of that
judicial process which is generally called compurgation. This name is
not technically correct, as it is of ecclesiastical origin and belongs
to later times than those with which we are now dealing; but we have
not yet naturalised “oath-helping” as the Germans have naturalised
_eid-hilfe_, and the word _ath-fultum_, occasionally used in the
Anglo-Saxon laws, has not yet attained the same degree of currency as
_wergild_. With the word “compurgation,” therefore, we must for the
present rest satisfied.
We first meet with this custom in the fourteenth law of King Ine, who
says, “If any one be accused of brigandage he shall clear himself by
120 hides or pay accordingly”. We naturally inquire what is meant by
“clearing oneself by 14,400 acres,” and we receive further light on the
question when we come to law 19 which tells us that “a king’s retainer
(_geneat_) if his wer is 1,200 shillings may swear for 60 hides if he
be a communicant,” on which the later Latin translator adds the gloss,
“for 60 hides, that is for six men”.
We now see more plainly the meaning of “swearing by 120 hides”. A
man accused of such a grave crime against society as brigandage
must, in order to prove his innocence, procure the attestation of
at least two king’s tenants (each presumably holding sixty hides
of land) or twelve land-owners (each owner of ten hides), and they
must swear that they believe him innocent. This is “oath-helping” or
“compurgation”. This swearing process is, as has been often pointed
out, not in the least like our modern examination of sworn witnesses
to fact, nor does it contain the promise of our modern trial by
jury. It is much more akin to the privilege allowed to the defendant
of “calling witnesses to character,” a privilege which, where the
evidence is only circumstantial, often has an important influence on
the verdict. It must be admitted that even with us the force of such
evidence frequently depends in some measure on the social status of the
witness-bearers, but we should shrink from making the bald statement
that a man accused of murder must produce two persons paying income-tax
on £10,000 a year, or twenty persons at £1,000 a year, to declare their
belief in his innocence.
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