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
See hereafter the several chapters Ealdorman, Geréfa and Witena gemót.
Footnote 51:
The principal cases will be found in the following passages of the
Laws: Eádw. § 1. Æðelst. i. § 20, 22, 26; iii. § 7; iv. §1, 7; v. §
11. Eádm. iii. § 2, 6, 7. Eádg. i. § 4; ii. § 7, etc.
-----
The maintenance of the public peace is the first duty of the king, and
he is accordingly empowered to levy fines for all illegal breaches of
it, by offences against life, property or honour[52]: in very grave
cases of continued guilt, he is even entrusted with the right of
banishing and outlawing offenders, whose wealth and family connexions
seem to place them beyond the reach of ordinary jurisdictions[53]. Where
the course of private war is to be settled by the legal compensations,
it is the king’s peace which is established between the contending
parties, the relatives and advocates of the slayer and the slain[54].
And in accordance with these principles, we find the kings’s peace
peculiarly proclaimed upon the great roads which are the highways of
commerce and means of internal communication, and the navigable streams
by which cities and towns are supplied with the necessary food for their
inhabitants[55]. And hence also he was allowed to proclaim his peace
over all the land at certain times and seasons; as, for eight days at
his coronation, and the same space of time at Christmas, Easter and
Whitsuntide. He might also, either by his hand or writ, give the
privileges of his peace to estates which would otherwise not have
possessed it, and thus place them upon the same footing of protection as
his own private residences[56]. The great divisions of the country, that
is the shires, could only be determined by the central power: it is
therefore provided that these shall be in the especial right of the
king: “Divisiones scirarum regis proprie cum iudicio quatuor chiminorum
regalium sunt[57].” And to the end of maintaining peace, it appears to
me that the king must also have been the authority to whom, at least in
theory, it was left to settle the boundaries even of private estate;
which on the conversion of folcland into bócland, he did, generally by
his officers, but sometimes in person[58].
Footnote 52:
Hloðh. § 9, 11, 12, 13, 14. Ælf. § 37. Æðelst. i. § 1; iii. § 4; v. §
5.
Footnote 53:
Æðelst. iii. § 3; iv. § 1.
Footnote 54:
Eád. Gúð. § 13. Eádm. ii. § 1, 6, 7.
Footnote 55:
Eád. Conf. § 12. Cross roads and small streams are not in the king’s
peace, but that of the county.
Footnote 56:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account