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
The law then goes on to regulate the king’s rights in case of intestacy,
the amount of heriot payable by different classes, the freedom of
succession in the wife and children, and the freedom of marriage both
for widow and maiden. And as all these laws, numbered respectively from
§ 70 to 75, appear to be dependent upon one another, and to form a
chapter of alleviations by themselves, I conclude that the sheriffs had
been guilty of exaction in confiscating the estates of intestates,
demanding extravagant heriots and reliefs, and imposing fines for
licence to marry,—extortions familiar enough under the Norman rule. It
was moreover the sheriff’s duty to seize into the king’s hands all lands
and chattels belonging to felons, which would, in the event of a
conviction become forfeit to the crown: of this we have instances. About
A.D. 900, one Helmstán was guilty of theft; Eanwulf Penhearding, who was
then sheriff, immediately seized all the property he had at Tisbury,
except the land which Helmstán could not forfeit, as it was only
Ordláf’s lǽn or _beneficium_[386]. At the close of the tenth century,
Æscwyn a widow had become implicated in the theft of some title-deeds by
her own son: judgment was given against her in one of the royal courts,
whereby all her property became forfeited to the king: Wulfstán the
sheriff of Kent accordingly seized Bromley and Fawkham, her manors[387].
There is of course every probability that the sheriff was charged with
certain disbursements, required by the public service, and that he
rendered a periodical account both of receipts and expenditure, to the
officers who then represented the royal exchequer; but upon this part of
the subject we are unhappily without any evidence.
-----
Footnote 386:
Cod. Dipl. No. 328.
Footnote 387:
Ibid. No. 1258.
-----
The sheriff was naturally the leader of the militia, posse comitatus, or
levy of the free men, who served under his banner, as the different
lords with their dependents served under the royal officers, the church
vassals under the bishop’s or abbot’s officer, and all together under
the chief command of the ealdorman or duke. It was his business to
summon them, and to command them in the field, during the period of
their service: and he thus formed the connecting link between the
military power of the king and the military power of the people, for
purposes both of offence and defence.
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