The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
There was in the Saxon Constitution a great simplicity. The higher order
of courts were but the transcript of the lower, somewhat more extended
in their objects and in their power; and their power over the inferior
courts proceeded only from their being a collection of them all. The
County or Shire Court was the great resort for justice (for the four
great courts of record did not then exist). It served to unite all the
inferior districts with one another, and those with the private
jurisdiction of the thanes. This court had no fixed place. The alderman
of the shire appointed it. Hither came to account for their own conduct,
and that of those beneath them, the bailiffs of hundreds and tithings
and boroughs, with their people,--the thanes of either rank, with their
dependants,--a vast concourse of the clergy of all orders: in a word, of
all who sought or distributed justice. In this mixed assembly the
obligations contracted in the inferior courts were renewed, a general
oath of allegiance to the king was taken, and all debates between the
several inferior coördinate jurisdictions, as well as the causes of too
much weight for them, finally determined. In this court presided (for in
strict signification he does not seem to have been a judge) an officer
of great consideration in those times, called the Ealdorman of the
Shire. With him sat the bishop, to decide in whatever related to the
Church, and to mitigate the rigor of the law by the interposition of
equity, according to the species of mild justice that suited the
ecclesiastical character. It appears by the ancient Saxon laws, that the
bishop was the chief acting person in this court. The reverence in which
the clergy were then held, the superior learning of the bishop, his
succeeding to the power and jurisdiction of the Druid, all contributed
to raise him far above the ealdorman, and to render it in reality his
court. And this was probably the reason of the extreme lenity of the
Saxon laws. The canons forbade the bishops to meddle in cases of blood.
Amongst the ancient Gauls and Germans the Druid could alone condemn to
death; so that on the introduction of Christianity there was none who
could, in ordinary course, sentence a man to capital punishment:
necessity alone forced it in a few cases.
Public-domain text, read in full here on John Shaqi.
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