The History of England - a Study in Political Evolution by A. F. (Albert Pollard) Pollard
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page 11 of 148 (07%)
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by them as tenants on condition of rendering various services to the
landlord, such as ploughing his land, reaping his crops, and other work. Generally, too, the tenant became the landlord's "man," and did him homage; and, thirdly, he would be bound to attend the court in which the lord or his steward exercised jurisdiction. This growth of private jurisdiction was another sign of the times. Justice had once been administered in the popular moots, though from very early times there had been social distinctions. Each village had its "best" men, generally four in number, who attended the moots of the larger districts called the Hundreds; and the "best" were probably those who had inherited or acquired the best homesteads. This aristocracy sometimes shrank to one, and the magnate, to whom the poor surrendered their land in return for protection, often acquired also rights of jurisdiction, receiving the fines and forfeits imposed for breaches of the law. He was made responsible, too, for the conduct of his poorer neighbours. Originally the family had been made to answer for the offences of its members; but the tie of blood-relationship weakened as the bond of neighbourhood grew stronger with attachment to the soil; and instead of the natural unit of the family, an artificial unit was created for the purpose of responsibility to the law by associating neighbours together in groups of ten, called peace-pledges or frith-borhs. It is at least possible that the "Hundred" was a further association of ten frith-borhs as a higher and more responsible unit for the administration of justice. But the landless man was worthless as a member of a frith-borh, for the law had little hold over a man who had no land to forfeit and no fixed habitation. So the landless man was compelled by law to submit to a lord, who was held responsible for the behaviour of all his "men"; his estate became, so to speak, a private frith-borh, consisting of dependents instead of the |
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