While these Teuton peoples were driving through their conquest and also
fighting fiercely with each other, their characters and institutions were
becoming distinctively Anglo-Saxon. Under stress of ceaseless war,
military leaders became hereditary kings, whose powers, at least in
intervals of peace, were controlled by the Witan or Council of the Wise,
and limited by the jurisdiction of the Hundred Court. Likewise the
temporary ties of the Teutonic _Comitatus_ became permanent in the body of
king’s companions (thegns, thanes), whose influence was destined to
supplant that of the eorls, the older nobility of blood. The _Comitatus_
principle pervades Anglo-Saxon history as well as literature; it runs
through the _Beowulf_ epic; Anglo-Saxon Biblical versifiers transfer it to
the followers of Abraham and the disciples of Christ; and every child
knows the story of Lilla, faithful thegn, who flung himself between his
Northumbrian king, Edwin, and the sword of the assassin--the latter sent
by a West Saxon king and doubtless one of _his_ faithful thegns. Their law
consisted mainly in the graded _wergeld_ for homicide, in an elaborate
tariff of compensation for personal injuries, and in penalties for
cattle-raiding. Beyond the matter of theft, property law was still
unwritten custom, and contract law did not exist. The rules of procedure,
for instance in the Hundred Court, were elaborate, as is usual in a
primitive society where the substantial rights are simple, and the
important thing is to induce the parties to submit to an adjudication.
Similar Teutonic customs obtained elsewhere. But the course of their
development in Saxon England displays an ever clearer recognition of
fundamental principles of English law: justice is public; the parties
immediately concerned must bring the case to court and there conduct it
according to rules of procedure; the court of freemen hear and determine,
but do not extend the inquiry beyond the evidence adduced before them; to
interpret and declare the law is the function of the court, not of the
king and his officers.[174]
Public-domain text, read in full here on John Shaqi.
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