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
This peace was called the King’s Handsell, “cyninges handsealde gríð.”
The extent to which his peace extended around his dwelling, that is,
within the verge of the court, has been noticed in the fourth chapter
of the First Book. The right subsisted throughout the Middle Ages and
yet subsists, though differently motived and measured. The king’s
handsealde gríð was by Æðelred’s law made bótless, that is, had no
settled compensation. Æðelr. iii. § 1.
Footnote 57:
Eádw. Conf. § 13.
Footnote 58:
“Æðelingawudu, Colmanora and Geátescumbe belong to these twenty hides,
which I myself, now rode, now rowed, and widely divided off, for
myself, my predecessors, and those that shall come after me, for an
eternal separation, before God and the world.” Eádred. an. 955. Cod.
Dipl. No. 1171. “Now I greet well my relative Mygod of Wallingford,
and command thee in my stead [on mínre stede] to ride round the land
to the saint’s hand.” Eádw. Conf., Cod. Dipl. No. 862. The force of
the word _berídan_ is very difficult to convey in words, but still
perfectly obvious. Another difficulty arises from the word _stede_,
which is properly masculine, but here given as a feminine. I think it
impossible that it should mean _stéde_, a mare (i. e. on my mare), and
prefer the supposition either that _stede_ had changed its gender, or
that the copy of the charter is an incorrect one.
-----
But the great machinery for keeping peace between man and man, is the
establishment of courts of justice, and a system by which each man can
have law, by the consent and with the co-operation of his neighbours,
without finding it necessary to arm in his own defence. It has been
shown in the First Book, that such means did exist in the Mark and Gá
courts; and that for nearly all the purposes of society, it is
sufficient and advisable that justice should be done within the limits
and by the authority of the freemen. A centralized system however brings
modifications with it, even into the administration of justice. If, as I
believe, the original king was a judge, who superinduced the warlike
upon his peaceful functions, we can easily see how, with the growth of
the monarchy, the judicial authority of the king should become extended.
I cannot doubt that, in the historical times of the Anglosaxons, the
king was the fountain of justice; by which expression I certainly do not
mean that every suit must be commenced in one of the superior courts, or
by an original writ, issuing out of the royal chancery[59], but that the
king was looked upon as the authority by whom the judges were supported
and upheld, who was to be appealed to, if no justice could be got
elsewhere, and who had the power to punish malversation in its
administration by his officers.
-----
Footnote 59:
There are cases nevertheless which seem to favour the supposition that
a similar power was ultimately lodged in the king and, at least
occasionally, exercised.
-----
Public-domain text, read in full here on John Shaqi.
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