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
The organization in Marks and in the Gá or Scír was a territorial one,
based upon the natural conformation of the country, common possession of
the soil and usufruct of its produce. It has been already said that both
of these divisions had their separate courts of justice or parliaments,
their judges and executive officers. But some further machinery was
required to secure the public peace, to provide for the exercise of
what, in modern society, we call the police, and to ensure the rights of
the individual markman, in respect to other markmen, as well as his
conformity to the general law. A corporate existence was necessary,
which should embrace a more detailed system of relations than was to be
found either in the Mark or in the Shiremoot. Strictly speaking, the
former of these was principally busied with the questions which arose
out of its own peculiar nature, that is, with offences against the
integrity of the frontier, the forest, the rights of common in the
pastures and meadows, and other delinquencies of a public character. On
the other hand, the Shiremoot, though it must have taken cognizance of
disputed questions between several Marks, and may, even from the first,
have exercised some description of appellate jurisdiction, must
naturally have considered the higher and more general attributes of
legislation and foreign policy, the national rather than municipal
administration, as belonging to its peculiar and appropriate province.
Perhaps also the exigencies of military discipline may gradually have
rendered a more complicated method of enrolment necessary, by means of
which companies and regiments might be kept upon a permanent footing,
and called into immediate action when occasion demanded their services;
while, at the same time, due provision was made for the tilling the
lands of those whose personal exertions were required in defence of the
public weal[433].
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Footnote 433:
For the Frankish custom see the Capitulary of the year 807. Pertz,
iii. 149, and Dönniges, Deut. Staatsr. pp. 92, 93.
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Public-domain text, read in full here on John Shaqi.
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