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
This again we learn from the law attributed to Eádweard the Confessor.
“Cum autem maiores causae insurgebant (that is greater than those
which concerned the tithing), referebant eas ad alios maiores
iusticiarios, quos sapientes supradicti super eos constituerant,
scilicet super decem decanos, quos possumus vocare centenarios, quia
super centum friðborgos iudicabant.” § xxix.
Footnote 469:
I find no instance of a hundredes man having the _blut-bann_ or _ius
gladii_: but in the time of Eádgár, he seems to have had power to
administer the single and threefold ordeal; whether only in the case
of serfs does not appear. Inst. Hundr. Thorpe, i. 260.
Footnote 470:
“Licet apud concilium accusare quoque et discrimen capitis intendere.”
Germ. xii.
-----
At a comparatively late period, we occasionally find a consolidation of
hundreds into one body, for judicial purposes, presided over by the
ealdorman of the shire, or his geréfa, and forming a subsidiary court to
the shiremoot: and after immunities, or private jurisdictions, had
become rapidly extended, it is certain that such consolidations were not
unusual, in the hands of great civil or ecclesiastical authorities, and
that they, by means of their officers or geréfan, held plea in several
hundreds at once; they thus substituted their own power for that of the
ealdorman or the sheriff, in the last instance, throughout the district
comprehended by their immunity; either replacing the old hundred-men by
geréfan or bailiffs, or suffering the hundreds to be still governed and
administered in the way common to all such divisions, by the elective
officer[471].
It stands to reason that the system above described applied only to the
really free. It was the form of the original compact between the
independent members of an independent community. But as by the side of
the free landholders, there dwelt also unfree men of various ranks, so
also there existed modifications of the original compact, suited to
their condition. Those who in a more or less stringent degree were
dependent, could not be members of the tithing, the hundred or the
folcmót. They stood to right among themselves, in their lord’s court,
not in the people’s, and in the latter they could not appear for
themselves. The institution therefore which provided that the lord might
maintain a Comitatus or _following_, provided also that its members
should all be in his mund (protection) and borh (surety), and that he
should make answer for them in the courts from which they were
themselves excluded[472].
-----
Footnote 471:
Eádweard the Confessor granted the hundred of Hornmere in Berkshire to
Ordríc, abbat of Abingdon; “so that no sheriff or mootreeve may hold
therein any plea or moot, without the Abbat’s own command and
permission.” Cod. Dip. No. 840. He also granted the hundred of Godley
in Surrey to Wulfwold, Abbat of Chertsey, and forbade the sheriff to
meddle in the same. Cod. Dip. No. 840, 849.
Public-domain text, read in full here on John Shaqi.
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