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
Attention has been called in another chapter to the fact that the
bishops did not universally (or indeed usually), make their residences
in the principal cities[886]. A remarkable distinction thus arose
between themselves and the prelates of Gaul and Germany. The latter,
strong in the support of the burgesses, and identified with the urban
interests, found means to consolidate a power which they used without
scruple against the king when it suited their convenience, or which
enabled them to extort from him the grant of offices that virtually
rendered them independent of his authority. This was generally effected
through the bishop’s obtaining the county, that is becoming the count,
and thus exercising the palatine power in his city, as well as that
which he might already possess _iure episcopii_, and as _defensor urbis_
or patron of the municipality. This, rare indeed under Charlemagne, but
not uncommon in the times which preceded and followed him, can at least
not be proved to have taken place in England before the Conquest[887].
There is indeed one instance which might seem at first sight to
contradict this assertion, but which upon closer investigation rather
confirms it. We learn that certain thieves, having attempted a
sacrilegious entry into the church of St. Eádmund, and being
miraculously delivered into the hands of the authorities, were put to
death by the orders of Ðeódred, then bishop of London and of
Eastanglia[888]. This event took place after the conquest of the
last-named province by Æðelstán, who about 930 drove the Danes from it
or reduced them under his own power. At that time it appears uncertain
whether the conquered kingdom had been duly arranged and settled, or
whether any ealdorman had been appointed to govern it. If not, we must
imagine that Ðeódred, the only constituted authority on the spot, acted
at his own discretion in a case of urgency, without absolutely
possessing the legal power to do so; that the act was in short one of
those examples of what in modern times we understand by the term
Lynch-law, that law which men are obliged to administer for themselves
in the absence of the regular machinery of government. But it is further
observable that, according to the terms of the legend itself, these
thieves were taken _in the manner_, and consequently liable to capital
punishment without any trial at all[889]; this justice we may suppose
Ðeódred to have executed, and to its summary character we may attribute
the regrets he expressed on the subject at a later time. It is also
possible to account for the act by supposing that even at this early
period the bishop possessed his sacu and sócn in the demesne of St.
Eádmund, and that he proceeded to execute his thieves by his right as
lord of the sócn: but there is no clear proof that the immunity did
exist before the time of Cnut, and I therefore incline to the second
explanation as the most probable. But if Ðeódred did not act in
Public-domain text, read in full here on John Shaqi.
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