Here Bishop Stubbs _includes_ Athelstan’s law among the examples he
gives as regards the definite and distinct formula used to indicate the
co-operation of the Witenagemót. And the Bishop’s opinion is the most
important because Lord Selborne’s objection is founded on a technical
point, viz., the _formula_ used. But the Bishop admits that the
formula used in this case was an indication of the co-operation of the
Witenagemót.
(4) Dean Prideaux says, “This law was passed in a Parliament of all
England, assembled at Grately, about the year 928, etc.”[133]
Dr. Lingard calls the law a “Circular letter which the king sent to
his officers. From the tenour of this circular it seems probable that
numerous pleas of exemption had been set up in favour of the lands
belonging to the Crown, the bishops and the ealdormen, and also of lands
held under them by others.”[134]
Lord Selborne then agrees with Dr. Lingard; the former calls it “a royal
message to his reeves,” the latter, “a circular letter from the king to
his officers.” If so, why should the Parliamentary _formula_ have been
used?
(5) Mr. Thorpe may also be added to the four. He clearly lays down the
rule by which he was guided in classifying and separating the Laws from
the _Monumenta Ecclesiastica_. “All ordinances,” he says, “proceeding
from the king and Witenagemót, whether of a secular or ecclesiastical
character, _are considered as Laws_. Those without such sanction, and
of a nature strictly ecclesiastical, are placed among the _Monumenta
Ecclesiastica_.”[135] He placed it among the Laws.
The question here is, What constitutes a Witenagemót? The word means
a meeting of the Witan or wise men. It was a counsel of wise men. Our
information is indeed very vague as to its constitution. There is no
law extant prescribing or defining the constitution of the Witenagemót.
A synod with the king present would constitute a Witenagemót. There is
no trace whatever that it was representative or elective, or that there
was a property qualification. It is on record that the king named the
members who were to attend.[136] But the members were the leading men
of the country, viz., the archbishops, bishops, abbots, presbyters and
even deacons (the priests and deacons doubtless attended on the bishops),
princes, ealdormen and thanes.
The formula used in this law is, “The king, with the council of his
archbishops and other bishops.” This was a council of wise men presided
over by the king. And whether it was called a synod or a council, the
laws passed by such a meeting formed the general laws of the kingdom.
The objections raised by some writers to the formula used in making
Anglo-Saxon laws, and to the words Ordinance, Council and Synod, are
groundless and have no force. Mr. Fuller in “Our Title-Deeds” is
conspicuous for this sort of objections. He says, “It was _not_ an act of
the Witan, but was an Ordinance made at a council or synod only, at the
council of Greatanlea,” etc.[137]
Public-domain text, read in full here on John Shaqi.
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