The Great Events by Famous Historians, Volume 05 - (From Charlemagne to Frederick Barbarossa) by Unknown
page 49 of 503 (09%)
page 49 of 503 (09%)
|
form is preserved in the tradition of his confirming the ancient laws
reported to him by the representatives of the shires. The _Anglo-Saxon Chronicle_ enumerates the classes of men who attended his great courts: "There were with him all the great men over all England, archbishops and bishops, abbots and earls, thegns and knights." The great suit between Lanfranc as Archbishop of Canterbury and Odo as Earl of Kent, which is perhaps the best reported trial of the reign, was tried in the county court of Kent before the King's representative, Gosfrid, bishop of Coutances; whose presence and that of most of the great men of the kingdom seem to have made it a witenagemot. The archbishop pleaded the cause of his Church in a session of three days on Pennenden Heath; the aged South-Saxon bishop, Ethelric, was brought by the King's command to declare the ancient customs of the laws; and with him several other Englishmen skilled in ancient laws and customs. All these good and wise men supported the archbishop's claim, and the decision was agreed on and determined by the whole county. The sentence was laid before the King, and confirmed by him. Here we have probably a good instance of the principle universally adopted; all the lower machinery of the court was retained entire, but the presence of the Norman justiciar and barons gave it an additional authority, a more direct connection with the king, and the appearance at least of a joint tribunal. The principle of amalgamating the two laws and nationalities by superimposing the better consolidated Norman superstructure on the better consolidated English substructure, runs through the whole policy. The English system was strong in the cohesion of its lower organism, the association of individuals in the township, in the hundred, and in the |
|