The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest — John Shaqi
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
“And let him that applies to the king before he has prayed for justice
as often as it behoveth him [that is, made the legal number of formal
applications to the shiremoot, etc.] pay the same fine as the other
should had he denied him justice.” Æðelst. i. 1. § 3. Thorpe, i. 200.
Eádgar, ii. § 2. Thorpe, i. 266. “And let no one apply to the king,
unless he cannot get justice within his hundred: but let the
hundred-gemót be duly applied to, according to right, under penalty of
the wíte, or fine.” Cnut, ii. § 17. Thorpe, i. 384 _seq._ Similarly
Will. Conq. i. § 43. Thorpe, i. 485. It is impossible to believe that
Ælfred possessed a right which later and much more powerful kings did
not.
Footnote 64:
“And let no one have sócn over a king’s thane save the king himself.”
Æðelr. iii. § 11. Thorpe, i. 296.
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If however justice was entirely denied in the shire or hundred, then,
_iure imperii_, the king had the power of interfering: and as it seems
clear that such a case could only arise from the influence of some great
officer being exerted to prevent the due course of law, it follows that
the only remedy would lie in the king’s power to repress him; either by
removing him from his office, if one derived from the crown, or _iure
belli_, putting him down as a nuisance to the realm[65].
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Footnote 65:
If the ealdorman connive at theft, or at the escape of a thief, he is
to forfeit his office. Ini, § 36. Thorpe, i. 124. If a geréfa do so,
he shall forfeit all he hath. Æðelst. i. § 3. If he will not put the
law in execution, he shall lose his office. Æðelst. i. 26; v. § 11.
Eádg. ii. § 3. Thorpe, i. 200, 212, 240, 266.
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Public-domain text, read in full here on John Shaqi.
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