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 origin of the Gá in the federal union of two or more Marks is
natural, and must be referred to periods far anterior to any historical
record: that of the division into Shires, as well as the period at which
this arose, are less easily determined. But we have evidence that some
division into shires was known in Wessex as early as the end of the
seventh or beginning of the eighth century, since Ini provides for the
case where a plaintiff cannot obtain justice from his shireman or
judge[142]; and the same prince declares that if an ealdorman compounds
a felony, he shall forfeit his shire[143]; while he further enacts that
no man shall secretly withdraw from his lord into another shire[144]. As
it will be shown hereafter that a territorial jurisdiction is
inseparably connected with the rank of a duke or ealdorman, I take the
appearance of these officers in Mercia, during the same early period, to
be evidence of the existence of a similar division there. Its cause
appears to me to lie in the consolidation of the royal power. As long as
independent associations of freemen were enabled to maintain their
natural liberties, to administer their own affairs undisturbed by the
power of strangers, and by means of their own private alliances to
defend their territories and their rights, the old division into Gás
might continue to exist. But the centralization of power in the hands of
the king implies a more artificial system. It is more convenient for
judicial and administrative purposes, more profitable, and more safe for
the ruler, to have districts governed by his own officers, and in which
a territorial unity shall supersede the old bonds of kinsmanship:
centralization is hardly compatible with family tradition. The members
of the Gá met as associated freemen, under the guidance of their own
natural leaders, and formed a substantive unit or small state, which
might, or might not, stand in relations of amity to similar states. The
Shire was a political division, presided over by an appointed officer,
forming part only of a general system, and no longer endowed with the
high political rights of self-government, in their fullest extent. I can
imagine the Gá, but certainly not the Shire, declaring war against a
neighbour. As long as the Gá could maintain itself as a little republic,
principality, or even kingdom, it might exist unscathed: but as the
smaller kings were rooted out, their lands and people incorporated with
larger unions, and powerful monarchies rose upon their ruins, it is
natural that a system of districts should arise, based entirely upon a
territorial division. Such districts, without peculiar, individual
character of their own, or principle of internal cohesion, must have
appeared less dangerous to usurpation than the ancient gentile
aggregations.
-----
Footnote 142:
Ini, § 8. Thorpe, i. 106.
Footnote 143:
Ini, § 36. Thorpe, i. 124.
Footnote 144:
Ini, § 39. Thorpe, i. 126.
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