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here completed their transactions respecting their lands; and received and paid their purchase-moneys, in the presence of the hundredors; who, if required, afterwards bore testimony to the fact in the shire. The Saxon Burgh was a hundred, or collection of hundreds, surrounded by a moat or wall. The burghs were under the presidence of a Portreeve, and when their extent rendered it necessary, they were divided into wards. The inhabitants, or as they were called, the resiants, who paid scot and bore lot,-who bore the burdens of the burgh and did its public work,--became the Burgesses, who were sworn and enrolled in the Court of the Borough, or Court Leet. These did not depend upon tenure, but residence. Townships were the domains which surrounded the dwellings of the thanes, analogous to the manors, in Norman times. In each township or manor was held, once a year, the Court Leet, or View of Frankpledge. This court regulated the pledges of the freemen, for the good conduct of each other. Every freeman above twelve years of age, was required to be enrolled in some tything, where, in numbers of ten, they became bail for each other, and under a pledge to produce any one of their number who should be guilty of crime. In case of his flight, and of his property being deficient, the tything became responsible for the penalty of the crime; unless they could prove themselves guiltless of the crime or escape.4

Trial by Jury has been ranked as of Anglo-Saxon origin, and the honour of its invention given to King Alfred; but

or people; or that they might be alienated to all folke without impediment; the other, called Bokeland, being not disposable, but according to the tenour of the writing, which they called a boke or land-boke.” (Spelman on Ancient Deeds and Charters.)

1 Palgrave's Commonwealth, vol. i. p. 101.

2 History of Boroughs and Municipal Corporations, by H. A. Merewether, Serjeant-at-law; introduction, xii.

3 Palgrave's Commonwealth, vol. i. p. 141. 4 Hallam's Middle Ages, vol. ii. p. 82.

These Courts Leet and View
The Frank pledge is,

of Frankpledge are still held as manorial courts. of course, but a name.

820-1066.]

TRIAL BY JURY, NOT SAXON.

19

more perfect investigation of Anglo-Saxon lore has proved that this invaluable institution was not introduced until after the Conquest. In the administration of justice in the Anglo-Saxon courts, it was usual to require the landowners and people of the vicinity, to assist in the discovery and pu nishment of crime. Twelve thanes were chosen in every wapentake, to present the crimes committed in the district; twelve compurgators confirmed the oath of innocence, of an accused person. But the proceeding of the twelve thanes was an accusation, not a trial; the compurgators were the exparte supporters of the accused; and the Saxon inquests, which bear the nearest resemblance to the modern jury, were the witnesses, and not the triers of the facts. It is probable, however, that the number of the jury, when trial by jury was afterwards constituted, was fixed in reference to the old Anglo-Saxon preference for the number of twelve.1

Amongst the Saxon laws those of King Edward the Confessor were much prized; and their disuse after the Conquest was greatly regretted by the Saxon people. These laws were, however, ordained by King Canute; and were only confirmed by King Edward on his accession to the throne.2

When we review these ancient Saxon institutions, we find the government to be monarchical, but strongly controlled by the aristocracy of the Wittena-Gemote, and of the eorls and higher nobility. The people had no direct political power; but they were not rigidly excluded from it, the institutions permitting them to ascend to the rank of nobility, by means within the reach of successful industry at home, or adventurous trade abroad. A large proportion of the people

1 Mr. Hallam has produced the evidence that bears upon this question, and expressed his opinion that it does not warrant us to infer the existence of trial by jury. (Middle Ages, vol. ii. p. 76.) Sir F. Palgrave has treated the subject at large, with the same conclusion, in his History, ch. 8.

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were freemen; and there were various methods by which even the serfs could obtain their freedom. But in the later Saxon times the aristocratic was the most powerful element. In the reign of Edward the Confessor the whole kingdom was under the sway of five eorls; three of whom were Godwin, and his sons Harold and Tostig.2

The language spoken and written was the Saxon, a branch of the Teutonic. Poetry and literature were cultivated, and flourished to a considerable extent.

1 Merewether on Boroughs, vol. i., introd.

2 Hallam's Middle Ages, vol. ii. p. 65.

CHAPTER III.

THE CONQUEST AND THE FEUDAL SYSTEM.

WILLIAM THE CONQUEROR.-1066-1087.

The Conquest.-Confiscation of Saxon Estates.-Apportionment of them amongst the Conqueror's followers.-Feudal System introduced; its Object and Principles.-Feudal Investiture and Oath.-Feudal Services.-Land granted to the Church.-Origin of the Barons.-Subinfeudation.-Vavasours.-Feudal Incidents.-Aids, Relief, Primer Seisin.-Wardship.-Fines on Alienation.-Relief.-Tenure by Serjeanty; in Socage.-Copyholds.—Burgage Tenure.-Domesday Book. -Tallage or Taxation.-Feudal Councils.-State of the Kingdom.Language.

We now pass to the overthrow of the Saxon dynasty and institutions, through the conquest of England, by William, Duke of Normandy, in 1066. On the death of Edward the Confessor, Harold, son of Godwin, supported by the influence of that powerful earl, seized the throne as the successor of Edward; taking advantage of the weakness of the infant heir, Edgar Atheling. William claimed the throne as the appointed heir of the Confessor; and treating Harold as a usurper and his adherents as rebels, he invaded the island with 60,000 Normans and adventurers. Harold was killed at the battle of Hastings, on the 14th of October, 1066; and William became master of the kingdom. But although a conqueror by battle, he professed to reign by virtue of hist alleged title as the successor appointed by Edward; and he was crowned by the Saxon Archbishop, and took the coronation oath of the Saxon kings, on Christmas-day, 1066. By this conquest, monarchy was put in the ascendant; and a

new population, a new language, and a new political system were introduced.

A large number of the Saxon nobles fell in the battle, and their estates were immediately confiscated by William. Some who survived and made their submission, were allowed to retain their properties; but afterwards joining in insurrection, they were deprived of them; so that before the close of William's reign, nearly all the land of the kingdom had passed into his power. The people at first struggled to retain their freedom, and their Saxon institutions and laws, which they greatly cherished; but, deprived of the leadership, and support of the ancient nobility, their attempts were unsuccessful, and they gradually sank into a state of poverty and bondage.

The acquisition of the lands of England was one of the chief motives of the followers of William to assist him in the invasion of the island; and when the conquest was complete, he lost no time in giving them the expected booty. The King appropriated to himself, as the demesnes of the Crown, 1422 large properties or manors in different shires, besides other scattered lands and farms. Amongst these were the lands of the Saxon kings and great thanes; of Edward the Confessor, Harold, Earl Godwin, Ghida, the mother of Harold, and Editha, the Confessor's Queen. The lands of other Saxon nobles he divided amongst his chieftains, apparently according to their rank in Normandy; or in proportion to the number of their followers, or to the supplies they had furnished to the expedition. But it is observable that most of the larger grants were of lands in different parts of the kingdom; so that too much power or influence might not be obtained by any chief, through the possession of large properties in one place. If that rule were departed from, the lands were generally on the borders of Wales or in the North, where the chieftain would have to defend his possessions against neighbouring or foreign foes. Some of the Conqueror's chieftains acquired estates

1 Kelham's Domesday Book Illustrated, p. 440.

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