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160

(1908) [MARC] [MARC] Author: William Gershom Collingwood With: Frederick York Powell
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the Danelaw, Mercia and Wessex was repeated. The
general lines of government and society already laid
down are followed without much change, though there
is a tendency to closer organisation—not a new thing,
but leading in the direction of feudalism. It used to
be thought, for example, that private jurisdiction came
in with Knút, but Professor Maitland (Domesday Book
and Beyond,
p. 282) has shown that express grants of
sac and soc were known in the tenth century. Under
Knút, however, the mutual responsibility on which
order and justice were based seems to have become
rather more territorial than merely personal ; every
freeman over twelve years of age was to be enrolled in
a Hundred and Tithing. [1]
The hundred court had
to see justice done, failing which the king’s justice
could be appealed to; he alone could decide cases
involving outlawry, and had the dues in certain causes,
such as highway robbery (whence "the king’s highway"),
and other breaches of the peace not covered
by the popular courts. In the county court the bishop
and the ealdorman still presided, no distinction being
made between the administration of ecclesiastical and
that of secular law. Nor was any distinction made to



[1] Bishop Stubbs (Const. Hist., i.
p. 94) says that in the socalled Laws of Edward the Confessor,
a twelfth-century compilation based on the Laws of Knút, men were bound to associate
in groups of ten, called frithborh in the south, but tenmannetale
in the north ; adding that tenmentale in Richmondshire was,
temp. Henry II., an extent of fourteen carucates, paying 4s. 7d.
annual tax. Maitland (Domesday Book, p. 387) remarks that
the unit of land in Sweden is the mantal. We may add that
manntal in the old Icelandic law means a "muster, census,"
which may explain tenmantal=frithborh, temp. Knút.

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