Let us examine the formula used in other laws generally admitted to be
laws.
(1) “The Laws of King Edward.” “Edward’s Ordinances,” “King Edward
commands all his reeves,” etc.[138] There is not a word here about the
Witan, archbishop, bishop, etc., yet they are admitted as laws.
Athelstan’s secular ordinances passed at the council of Greatanlea,[139]
had been enacted by the same Witan which enacted the King’s Ordinance to
his reeves as regards tithes. If one is a “Royal message” or “Circular
letter,” so are the secular Ordinances. But the latter are admitted to be
laws, so therefore are the former.
To carp about the words “council” and “synod,” shows ignorance of the
Latin translation of Witenagemót, viz., _concilium_, _conventus_,
_synodus_, etc.
“Although synods,” says Kemble, “might more properly be confined to
ecclesiastical conventions, _the Saxons do not appear to have made any
distinction_, probably because ecclesiastical and secular regulations
were made by the same body, and at the same time.
“But it is very probable that the Frankish system of separate houses for
the clergy and laity prevailed here also, and that merely ecclesiastical
affairs were decided by the king and clergy alone. There are some Acts
in which the signatures are those of clergymen only; others in which
the clerical signatures are followed by those of the laity; and in one
remarkable case of this kind, the king signs at the head of each list,
as if he had in fact affixed his mark successively in the two houses as
president of each. This is in Codex Diplomaticus, No. 116.”[140]
THE LETTER OF THE KENTISH MEN TO KING ATHELSTAN.
Dr. Lingard makes the following remark on the thankful acknowledgment
which the Kentish men sent the King on the promulgation of his Ordinance
dated A.D. 627.
“The meaning is evident; in consequence of the King’s admonition, they
promised to pay tithes.”[141]
Mr. Freeman makes some very important observations on the above letter.
“As the other kingdoms merged in Wessex, the Witan of the other kingdoms
became entitled to seats in the Gemót of Wessex, now become the common
Gemót of the Empire. But Gemót of the other kingdoms seem to have gone on
as local bodies, dealing with local affairs, and perhaps giving a formal
assent to the resolutions of the central body. The letter of the Kentish
men to Athelstan reads like an act of acceptance on the part of a local
Gemót, of resolutions passed by the general body.”[142]
Mr. Freeman then opposes Dr. Lingard’s theory and also Lord Selborne’s,
“for the resolutions of the general body” were those of “the common Gemót
of the Empire.” He therefore sides with Selden, Kemble, Stubbs, etc.,
that the Ordinance passed at Greatanlea was a general law.
But I shall quote the most conclusive evidence to show that the
Ordinances passed at Greatanlea were legal enactments, viz., “That they
would all hold the frith (peace) as King Athelstan and his Witan had
counselled at Greatanlea.”[143]
Public-domain text, read in full here on John Shaqi.
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