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
As the gesíðas were not free, and could not take a part in the
deliberations of the freemen at the folcmót, or in the judicial
proceedings, except in as far as they were represented by their chief,
means for doing justice between themselves became necessary: these were
provided by the establishment of a system of law, administered in the
lord’s court, by his officers, and to which all his dependants were
required to do suit and service as amply as they would, if free, have
been bound to do in the folcmót. But the law, administered in such a
court, and in those formed upon its model in the lands of the comites
themselves,—a privilege very generally granted by the king, at least in
later periods[313],—was necessarily very different from that which could
prevail in the court of the freemen: it is only in a lord’s court that
we can conceive punishments to have arisen which affected life and
honour, and fealty with all its consequences to have attained a settled
and stringent form, totally unknown to the popular judicature.
Forfeiture, or rather excommunication, and pecuniary mulcts, which
partook more of the nature of damages than of fine, were all that the
freeman would subject himself to under ordinary circumstances.
Expulsion, degradation, death itself might be the portion of him whose
whole life was the property of a lord, to be by him disposed of at his
pleasure. Hence the forfeiture of lands for adultery and incontinence,
and hence even Ælfred affixes the penalty of death to the crime of
hláfordsyrwe, or conspiracy against a lord[314], while manslaughter
could still be compounded for by customary payments. One or two special
cases may be quoted to show how the relation of the gesíð to his chief
modified the general law of the state.
Footnote 313:
Eádweard of Wessex in 904 transferred his royal rights in Taunton to
the see of Winchester. He says: “Concessi ut episcopi homines, tam
nobiles quam ignobiles (i. e. XII hynde and II hynde) in praefato rure
degentes, hoc idem ius in omni haberent dignitate (hád), quo regis
homines perfruuntur, regalibus fiscis commorantes: et omnium
saecularium rerum iudicia ad usus praesulum exerceantur eodem modo quo
regalium negotiorum discutiuntur iudicia. Praedictae etiam villae
mercimonium quod Anglice ðæs túnes cýping appellatur, censusque omnis
civilis, sanctae dei aecclesiae in Wintonia civitate sine
retractationis obstaculo cum omnibus commodis aeternaliter deserviat.”
Cod. Dipl. No. 1084. He had previously granted an immunity from regal
and comitial interference; the result of which was to place all
judicial and fiscal functions in the hands of the bishop’s reeve
instead of the sheriff, or the king’s burgreeve. The document
furnishes an admirable example of an _Immunity_, or, as it is
technically called in the Anglosaxon law, a grant of _Sacn and Sócn_.
Public-domain text, read in full here on John Shaqi.
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