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A shire court or shire moot was an Anglo-Saxon government institution, used to maintain law and order at a local level, and perform various administrative functions, including the collection of taxes for the central government.
The system originated in Wessex, then expanded to other parts of England. Although retained after the 1066 Norman conquest, it gradually lost its power, before the shire courts were formally abolished by the County Courts Act 1846.
Headed by an Earl, it was composed of local magnates, both secular and spiritual, who sat in council for the shire; also present was the county sheriff, or shire-reeve, who, after the conquest, became the king's representative. Thereafter it appears courts were headed by the local bishop, who determined the result, while the sheriff ensured it was carried out. [1]
Most legal issues, including theft or murder, were managed by tithing and hundred courts in the south, or wapentakes in the northern shires. The shire court primarily dealt with civil issues, such as land disputes, and met at least twice a year, acting as a Court of Appeal; an issue had to have been rejected three times by a hundred court before it was passed up to the shire court. [2]
Using multiple courts often led to arguments over jurisdiction, that delayed legal resolution; in addition to those of the hundreds, these included borough. It was possible for a wealthy and determined individual to delay judgement almost indefinitely, but few were powerful enough to do so regularly. [3]
The practice originated in Wessex, then gradually expanded into the rest of England; a similar model was used in Wales, particularly after the 1284 Statute of Rhuddlan, although some unique Welsh practices were retained.
Another important function was collecting taxes for central government. Outside urban areas, Anglo-Saxon England was a non-cash economy, based on barter, or in kind payments. The process monetised taxes paid in goods or food lower down, with the members of the court then responsible for converting it into coin. [4]
The courts remained in place after the 1066 Norman Conquest, but lost their jurisdiction over the church; in return for papal support, William the Conqueror established separate ecclesiastical courts. Over the next century, criminal justice was gradually transferred to the Crown, starting with the Curia regis ; by 1278, shire courts only tried civil cases under 40 shillings (2 pounds sterling). They continued in existence until abolished by the County Courts Act 1846. [5]
In middle and later mediaeval times the local criminal courts were presided over by a local justice of the peace, appointed by the monarch. These developed into magistrates' courts. Higher criminal courts included commissions of trailbaston [6] and forest courts presided over by a justice in eyre from the time of Henry II. These itinerant justices of the high court travelled around one of six eyres or regional court circuits, and by 1234 under Henry III the system had developed into the Court of King's Bench permanently based in Westminster Hall. Justices of the King's Bench were appointed by letters patent to commissions of gaol delivery and oyer and terminer which sat at assizes; these generally took place in county courts every six months in county towns during the Hilary and Trinity vacations. [7]
The Anglo-Saxons, in some contexts simply called Saxons or the English, were a cultural group who spoke Old English and inhabited much of what is now England and south-eastern Scotland in the Early Middle Ages. They traced their origins to Germanic settlers who became one of the most important cultural groups in Britain by the 5th century. The Anglo-Saxon period in Britain is considered to have started by about 450 and ended in 1066, with the Norman Conquest. Although the details of their early settlement and political development are not clear, by the 8th century a single Anglo-Saxon cultural identity which was generally called Englisc had developed out of the interaction of these settlers with the pre-existing Romano-British culture. By 1066, most of the people of what is now England spoke Old English, and were considered English. Viking and Norman invasions changed the politics and culture of England significantly, but the overarching Anglo-Saxon identity evolved and remained dominant even after the Norman Conquest. Late Anglo-Saxon political structures and language are the direct predecessors of the high medieval Kingdom of England and the Middle English language. Although the modern English language owes less than 26% of its words to Old English, this includes the vast majority of everyday words.
Earl is a rank of the nobility in the United Kingdom. In modern Britain, an earl is a member of the peerage, ranking below a marquess and above a viscount. A feminine form of earl never developed; instead, countess is used.
The Danelaw was the part of England between the early tenth century and the Norman Conquest under Anglo-Saxon rule in which Danish laws applied. The Danelaw originated in the conquest and occupation of large parts of eastern and northern England by Danish Vikings in the late ninth century. The term applies to the areas in which English kings allowed the Danes to keep their own laws following the tenth-century English conquest in return for the Danish settlers' loyalty to the English crown. "Danelaw" is first recorded in the early 11th century as Dena lage.
Tostig Godwinson was an Anglo-Saxon Earl of Northumbria and brother of King Harold Godwinson. After being exiled by his brother, Tostig supported the Norwegian king Harald Hardrada's invasion of England, and was killed alongside Hardrada at the Battle of Stamford Bridge in 1066.
Athelm was an English churchman, who was the first Bishop of Wells, and later Archbishop of Canterbury. His translation, or moving from one bishopric to another, was a precedent for later translations of ecclesiastics, because prior to this time period such movements were considered illegal. While archbishop, Athelm crowned King Æthelstan, and perhaps wrote the coronation service for the event. An older relative of Dunstan, a later Archbishop of Canterbury, Athelm helped promote Dunstan's early career. After Athelm's death, he was considered a saint, with his feast day being on 8 January.
The historic counties of England are areas that were established for administration by the Normans, in many cases based on earlier kingdoms and shires created by the Angles, Saxons, Jutes, Celts and others. They are alternatively known as ancient counties, traditional counties, former counties or simply as counties. In the centuries that followed their establishment, as well as their administrative function, the counties also helped define local culture and identity. This role continued even after the counties ceased to be used for administration after the creation of administrative counties in 1889, which were themselves amended by further local government reforms in the years following.
A fyrd was a type of early Anglo-Saxon army that was mobilised from freemen or paid men to defend their Shire's lords estate, or from selected representatives to join a royal expedition. Service in the fyrd was usually of short duration and participants were expected to provide their own arms and provisions.
In later Anglo-Saxon England, a thegn or thane was an aristocrat who ranked at the third level in lay society, below the king and ealdormen. He had to be a substantial landowner. Thanage refers to the tenure by which lands were held by a thane as well as the rank.
The Kingdom of England was a sovereign state on the island of Great Britain from the early tenth century, when it was unified from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain, which would later become the United Kingdom. The Kingdom of England was among the most powerful states in Europe during the medieval and early modern periods.
Ealdorman was an office in the government of Anglo-Saxon England. During the 11th century, it evolved into the title of earl.
Beorhtric was the King of Wessex from 786 to 802, succeeding Cynewulf. During his rule, however, his wife and father-in-law had most of the power.
Anglo-Saxon law was the legal system of Anglo-Saxon England from the 6th century until the Norman Conquest of 1066. It was a form of Germanic law based on unwritten custom known as folk-right and on written laws enacted by kings with the advice of their witan or council. By the later Anglo-Saxon period, a system of courts had developed to administer the law, while enforcement was the responsibility of ealdormen and royal officials such as sheriffs, in addition to self-policing by local communities.
Plegmund was a medieval English Archbishop of Canterbury. He may have been a hermit before he became archbishop in 890. As archbishop, he reorganised the Diocese of Winchester, creating four new sees, and worked with other scholars in translating religious works. He was canonised after his death.
Two sheriffs are elected annually for the City of London by the Liverymen of the City livery companies. Today's sheriffs have only nominal duties, but the historical officeholders had important judicial responsibilities. They have attended the justices at the Central Criminal Court, Old Bailey, since its original role as the court for the City and Middlesex.
The history of local government in England is one of gradual change and evolution since the Middle Ages. England has never possessed a formal written constitution, with the result that modern administration is based on precedent, and is derived from administrative powers granted to older systems, such as that of the shires.
The Hundred of Kingsbury is one of the 40 historical Hundreds in the ceremonial county of Somerset, England, dating from before the Norman conquest during the Anglo-Saxon era although exact dates are unknown. Each hundred had a 'fyrd', which acted as the local defence force and a court which was responsible for the maintenance of the frankpledge system. They also formed a unit for the collection of taxes. The role of the hundred court was described in the Dooms (laws) of King Edgar. The name of the hundred was normally that of its meeting-place.
Royal justices were judges in medieval England with the power to hear pleas of the Crown. They were roving officials of the king of England, sent to seek out notorious robbers and murderers and bring them to justice.
The County Court is a national civil court for England and Wales with unlimited financial jurisdiction.
Government in Anglo-Saxon England covers English government during the Anglo-Saxon period from the 5th century until the Norman Conquest in 1066. See Government in medieval England for developments after 1066.
From the Norman Conquest of 1066 to the death of King John in 1216, England was governed by the Norman and Angevin dynasties. The Norman kings preserved and built upon the institutions of Anglo-Saxon government. They also introduced new institutions, in particular, feudalism. For later developments in English government, see Government in late medieval England.