The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest — John Shaqi
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
of rare occurrence, appears to denote the hill or mound which was the
site of the court, and the place where the free settlers met at stated
periods to do right between man and man[99].
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Footnote 97:
For example in Manors, where the territorial jurisdiction of a lord
has usurped the place of the old Markmoot, but not availed entirely to
destroy the old Mark-rights in the various commons.
Footnote 98:
Numerous instances may be found in Grimm’s valuable work, Die
Deutschen Weisthümer, 3 vols. 8vo. These are the presentments or
verdicts of such courts, from a very early period, and in all parts of
Germany. It is deeply to be lamented that the _very early_ customs
found in the copies of Court Rolls in England have not been collected
and published. Such a step could not possibly affect the interests of
Lords of Manors, or their Stewards; but the collection would furnish
invaluable materials for law and history. We shall have to refer
hereafter to the Advocatus or Vogt, the elected or hereditary patron
of these and similar aggregations.
Footnote 99:
Mearcbeorh, the _Mark-hill_, seems too special a name to express some
hill or other, which happened to lie in the boundary. A Kentish
charter names the gemótbeorh (Cod. Dipl. No. 364. an. 934), but this
is indefinite, and might apply to the Shiremoot.
-----
It is not at all necessary that these communities should have been very
small; on the contrary, some of the Marks were probably of considerable
extent, and capable of bringing a respectable force into the field upon
emergency: others, no doubt, were less populous, and extensive: but a
hundred heads of houses, which is not at all an extravagant supposition,
protected by trackless forests, in a district not well known to the
invader, constitute a body very well able to defend its rights and
privileges.
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