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 reason of this was, that the ealdorman was inseparable from a shire
or gá: the territorial and political divisions went together, and as
conquest increased or defeat diminished the number of shires comprised
in a kingdom, we find a corresponding increase or diminution in the
number of dukes attendant upon the king. Ælfred decides that if a man
wish to leave one lord and seek another, (hláfordsócn, a right possessed
by all freemen,) he is to do so with the witness of the ealdorman whom
he before followed in his shire, that is, whose court and military
muster he had been bound to attend[318]: and Ini declares that the
ealdorman who shall be privy to the escape of a thief shall forfeit his
shire, unless he can obtain the king’s pardon[319]. The proportionably
great severity of this punishment arises, and most justly so, from the
circumstance of the ealdorman being the principal judicial officer in
the county, as the Graf was among the Franks. The fiftieth law of Ini
provides for the case where a man compounds for offences committed by
any of his household, where suit has been either made before the
king-himself or the king’s ealdorman[320]. He was commanded to hold a
shiremoot or general county-court twice in the year, where in company of
the bishop lie was to superintend the administration of civil, criminal
and ecclesiastical law: Eádgár enacts[321],—“Twice in the year be a
shiremoot held; and let both the bishop of the shire and the ealdorman
be present, and there expound both the law of God, and of the world:”
which enactment is repeated in nearly the same words by Cnut[322]. And
this is consistent with a regulation of Ælfred, by which a heavy fine is
inflicted upon him who shall break the public peace by fighting or even
drawing his weapon in the Folcmoot before the king’s ealdorman[323]. In
the year 780 we learn from the Saxon Chronicle that the high-reeves or
noble geréfan of Northumberland burned Beorn the ealdorman to death at
Seletún[324]: but Henry of Huntingdon records the same fact with more
detail: he says[325],—“The year after this the princes and chief
officers of Northumberland burned to death a certain _consul_ and
justiciary of theirs, because he was more severe than was right:” from
which it would appear not only that this ealdorman had been guilty of
cruelty and oppression in the exercise of his judicial functions, but,
from the hint of Simeon, also that the king acquiesced in his
punishment. We have occasional records in the Saxon charters which show
that the shiremoot for judicial purposes was presided over by the
ealdorman of the shire. In 825 there was an interesting trial touching
the rights of pasture belonging to Worcester cathedral, which the public
officers had encroached upon: it was arranged in a synod held at
Clofeshoo, that the bishop should give security to the ealdorman and
witan of the county, to make good his claim on oath, which was done
Public-domain text, read in full here on John Shaqi.
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