A careful study of Domesday and other authorities reveals many other
features of interest in our social system which were due to Viking
influence. Certain types of manorial structure are specially common
in the Danelagh. Manor and vill are by no means identical, indeed
several manors are included under one vill. Very frequent is the type
which consists in a central manor with sokeland appurtenant. In the
Danelagh there was a large number of small freeholders and the free
peasant class was much more numerous than in Anglo-Saxon England. These
districts stand in clear contrast to the strongly manorialised southern
counties and they were not feudalised to any appreciable extent before
the Norman conquest. When that system was imposed we often find single
knight's fees having to be taken over by entire communities of sokemen.
The 'holds' of Northumbria, who rank next after the earls, and the
'drengs' of Cumberland, Westmorland, Lancashire, Northumberland and
Durham, are also of Scandinavian origin. The 'dreng' was 'a free
servant of the king endowed with lands' and the name still survives in
the Yorkshire place-name Dringhouses.
The legal instinct was strong in the Scandinavian mind and English
law bears deep marks of its influence. The very word 'law' itself is
of Scandinavian origin and has replaced the English 'doom.' The chief
judicial authority in Lincoln, Stamford, Cambridge, Chester and York
was in the hands of twelve _lagmen_ or _judices_. These 'lawmen' (_v.
supra_, p. 103) though they had judicial authority were not chosen
by the king or by popular election. Their position was hereditary.
Of special interest are the '12 senior thanes' of Aethelred's laws
for the Five Boroughs enacted at Wantage in 997. They have to come
forward in the court of every wapentake and to swear that they will
not accuse wrongly any innocent man or conceal any guilty one. The
exact force of this enactment has been a matter of dispute--whether the
thanes simply bore witness to the personal status of the accused, thus
enabling the court to determine the ordeal through which he should be
put, or whether we have an anticipation of the system of presentment
by jury. Whatever may be the exact truth there can be little doubt,
says Dr Vinogradoff, that such a custom prepared the way for the
indictment jury of the 12th century. The same author attributes to
Danish influence a new conception of crime. It is no longer merely a
breach of the peace or the result of a feud, to be settled by monetary
compensation, it is a breach of that conception of honour which binds
together military societies. The criminal is now branded as _nithing_,
a man unworthy of comradeship with his fellow-warriors.
Public-domain text, read in full here on John Shaqi.
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