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
Concerning the right of appointing the Alderman of the Shire there is
some uncertainty. That he was anciently elected by his county is
indisputable; that an alderman of the shire was appointed by the crown
seems equally clear from the writings of King Alfred. A conjecture of
Spelman throws some light upon this affair. He conceives that there were
two aldermen with concurrent jurisdiction, one of whom was elected by
the people, the other appointed by the king. This is very probable, and
very correspondent to the nature of the Saxon Constitution, which was a
species of democracy poised and held together by a degree of monarchical
power. If the king had no officer to represent him in the county court,
wherein all the ordinary business of the nation was then transacted, the
state would have hardly differed from a pure democracy. Besides, as the
king had in every county large landed possessions, either in his
demesne, or to reward and pay his officers, he would have been in a much
worse condition than any of his subjects, if he had been destitute of a
magistrate to take care of his rights and to do justice to his numerous
vassals. It appears, as well as we can judge in so obscure a matter,
that the popular alderman was elected for a year only, and that the
royal alderman held his place at the king's pleasure. This latter
office, however, in process of time, was granted for life; and it grew
afterwards to be hereditary in many shires.
[Sidenote: The Sheriff.]
[Sidenote: Sheriff's Tourn.]
We cannot pretend to say when the Sheriff came to be substituted in the
place of the Ealdorman: some authors think King Alfred the contriver of
this regulation. It might have arisen from the nature of the thing
itself. As several persons of consequence enough to obtain by their
interest or power the place of alderman were not sufficiently qualified
to perform the duty of the office, they contented themselves with the
honorary part, and left the judicial province to their substitute.[59]
The business of the robe to a rude martial people was contemptible and
disgusting. The thanes, in their private jurisdictions, had delegated
their power of judging to their reeves, or stewards; and the earl, or
alderman, who was in the shire what the thane was in his manor, for the
same reasons officiated by his deputy, the shire-reeve. This is the
origin of the Sheriff's Tourn, which decided in all affairs, civil and
criminal, of whatever importance, and from which there lay no appeal but
to the Witenagemote. Now there scarce remains the shadow of a body
formerly so great: the judge being reduced almost wholly to a
ministerial officer; and to the court there being left nothing more
than the cognizance of pleas under forty shillings, unless by a
particular writ or special commission. But by what steps such a
revolution came on it will be our business hereafter to inquire.
[Sidenote: Witenagemote.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account