The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
In proportion as this idea gains ground, the influence of the king in
every detail of public life necessarily increases, and the regalia or
royal rights become more varied and numerous: he is looked upon as the
protector of the stranger, who has no other natural guardian, inasmuch
as no stranger can be a member of any of those associations which are
the guarantee of the freeman. He has the sole right of settling the
value and form of the medium of exchange: through his power of calling
out the armed force, he obtains rights which can only consist with
martial law,—even the right of life and death[285]: the justice of the
whole country flows from him: the establishment of fiscal officers
dependent upon himself places the private possessions of the freeman at
his disposal. The peculiar conservancy of the peace, and command over
the means of internal communication enable him to impose tolls on land-
and water-carriage: he is thus also empowered to demand the services of
the freemen to receive and conduct travelling strangers, heralds or
ambassadors from one royal vill to another; to demand the aid of their
carts and horses to carry forage, provisions or building-materials to
his royal residence. Treasure-trove is his, because where there is no
owner, the state claims the accidental advantage, and the king is the
representative of the state. It is part of his dignity that he may
command the aid of the freemen in his hunting and fishing; and hence
that he may compel them to keep his hawks and hounds, and harbour or
feed his huntsmen. As head of the church he has an important influence
in the election of bishops, even in the establishment of new sees, or
the abolition of old established ones. His authority it is that appoints
the duke, the geréfa, perhaps even the members of the Witena-gemót.
Above all, he has the right to divest himself of a portion of these
attributes, and confer them upon those whom he pleases, in different
districts.
-----
Footnote 285:
I may again refer to the story of the vase at Soissons. Clovis put the
soldier to death on pretext of a breach of discipline; in reality,
because the man had opposed him with respect to the booty. But, except
in the field, it is not to be imagined that Clovis could have taken
his life; and certainly not without a legal conviction and
condemnation by the people.
-----
The complete description of the rights of Royalty, in all their detail,
will find a place in the Second Book of this work; they can only be
noticed cursorily here, inasmuch as they appertain, in strictness, to a
period in which the monarchical spirit, and the institutions proper
thereto, had become firmly settled, and applied to every part of our
social scheme. But whatever extension they may have attained in process
of time, they have their origin in the rights permitted to the king,
even in the remotest periods of which we read.
Public-domain text, read in full here on John Shaqi.
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