The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (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
SCÍRGERÉFA OR SHERIFF.—The Scírgeréfa is, as his name denotes, the
person who stands at the head of the shire, _pagus_ or county: he is
also called Scírman or Scírigman[367]. He is properly speaking the
holder of the county-court, scírgemót or folcmót, and probably at first
was its elected chief. But as this geréfa was at first the people’s
officer, he seems to have shared the fate of the people, and to have
sunk in the scale as the royal authority gradually rose: during the
whole of our historical period we find him exercising only a concurrent
jurisdiction, shared in and controlled by the ealdorman on the one hand
and the bishop on the other. The latter interruption may very probably
have existed from the very earliest periods, and the heathen priest have
enjoyed the rights which the Christian prelate maintained: but the
intervention of the ealdorman appears to be consistent only with the
establishment of a central power, exercised in different districts by
means of resident superintendents, or occasional commissioners
especially charged with the defence of the royal interests. In the
Anglosaxon legislation even of the eighth century, the ealdorman is
certainly head of the shire[368]; but there is, as far as I know, no
evidence of his sitting in judgment in the folcmót without the sheriff,
while there is evidence that the sheriff sat without the ealdorman.
Usually the court was held under the presidency of the ealdorman and
bishop, and of the scírgeréfa, who from his later title of vicecomes,
vicedominus, was probably looked upon as the ealdorman’s deputy,—a
strange revolution of ideas. The shiremoot at Ægelnóðes stán in the days
of Cnut was attended by Æðelstán, bishop of Hereford, Ranig the
ealdorman, Eádwine his son, Leófwine and Ðurcytel the white, Tofig the
king’s _missus_ or messenger, and Bryning the scírgeréfa[369]. But in a
celebrated trial of title to land at Wouldham in Kent, where archbishop
Dunstán himself was a party concerned, the case seems to have been
disposed of by Wulfsige the shireman or sheriff alone[370]. The bishop
of Rochester, being in some sort a party to the suit, could probably not
take his place as a judge, and the ealdorman is not mentioned at all.
Again in an important trial of title to land at Snodland in Kent, there
is no mention whatever of the ealdorman: the king’s writ was sent to the
archbishop; and the sheriff Leófríc and the thanes of East and West Kent
met to try the cause at Canterbury[371]. It may then be concluded that
the presence of the sheriff was necessary in any case, while that of the
ealdorman might be dispensed with[372]. By the provisions of our later
kings it appears that the scírgemót or sheriff’s court for the county
was to be holden twice in the year, and before this were brought all the
most important causes, and such as exceeded the competence of the
hundred[373].
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Footnote 367:
Public-domain text, read in full here on John Shaqi.
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