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 method of doing justice between man and man, which was the very
foundation-stone of the Teutonic polity, was in direct opposition to the
doctrines of Roman jurists and the practice of the church. Justice went
out from among the people themselves, not from the king or the bishop.
The people spoke both as to fact and law, the ancient customary law; nor
did they at any time allow their relations as Christians to abrogate the
older rights they had possessed as citizens, where the exercise of these
was clearly compatible with the recognition of the former. In respect to
their religion, they duly submitted to the ecclesiastical authority,
made confession, performed penance, and hearkened to advice tendered by
qualified functionaries; but they nevertheless still met in their folk-
and shire-moots to hold plea, declare folk-right, and superintend its
execution by their national officers. Not even to the clergy themselves
did they accord an immunity from the universal duties of freemen: and
although they may have been disposed to acquiesce in the claim to be
quit of personal military service, they never excused suit and service
to the popular courts. Only when the relation of a cleric to his
superior was that of an unfree man to his lord, did the state release
him from this duty, or rather did the state hold him unworthy of this
privilege.
The existence of such a body as the English clergy could not possibly be
ignored. As organized agents of a system which professed to exercise a
right of rule over the most secret desires and motives of men,—as
students distinguished by their knowledge, or remarkable for their
piety,—as landlords, in the enjoyment of great wealth, and chiefs of
numerous dependents,—lastly as advisers and ministers of the ruling
class, or intermediaries in the intercourse with foreign states,—they
formed a power whose claims to attention could not be neglected. But
their social position itself was that which brought them continually in
relation with the other aggregates of freemen, and they were therefore
called upon to take their place with other landowners, lords, or
ministerials in the popular councils.
Public-domain text, read in full here on John Shaqi.
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest — John Shaqi
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