The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
But the value of the wergyld was not the only measure of the ealdorman’s
dignity. His oath bore the same proportion to that of the ceorl, and I
think we may assume that this relative proportion was maintained
throughout all ranks. The law respecting oaths declares that the oath of
a twelve-hynde shall be equal to those of six ceorlas, because if one
would avenge a twelve-hynde it can be fully done upon six ceorlas, and
his wergyld is equal to their six[346]. His house was in some sort a
sanctuary, and any wrong-doer who fled to it had three days’
respite[347]; if any one broke the peace therein, he was liable to a
heavy fine[348]; his burhbryce, or the mulct for violation of his
castle, was eighty shillings[349], which however the law of Ælfred
reduces to sixty[350]; for a breach of his borh or surety, and his
mundbyrd or protection, a fine of two pounds was imposed[351]; his
Fihtwíte, or the penalty imposed upon the man who drew sword and fought
in his presence, was one hundred shillings[352], which was increased to
one hundred and twenty if the offence was committed in the open court of
justice[353]. The only person who enjoys a higher state, beside the
king, is the archbishop; and this pre-eminence may probably have once
been due to the heathen high-priest; just as, indeed, the equality of
the bishop and ealdorman may have been traditionally handed down from a
period when the priesthood and the highest nobility formed one body.
There is no very distinct intimation of any peculiar dress or decoration
by which the ealdorman was distinguished, but he probably wore a beáh or
ring upon his head, the fetel or embroidered belt, and the golden hilt
which seems to have been peculiar to the noble class. The staff and
sword were probably borne by him as symbols of his civil and criminal
jurisdiction.
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Footnote 346:
Thorpe, i. 182.
Footnote 347:
Leg. Æðelst. iii. § 6, but seven days Æðelr. vii. § 5; iv. 4.
Footnote 348:
Leg. Ini, § 6.
Footnote 349:
Leg. Ini, § 45.
Footnote 350:
Leg. Ælfr. § 40.
Footnote 351:
Ibid. § 3. Leg. Cnut, Sec. § 69. Æðelr. vii. § 11.
Footnote 352:
Leg. Ælfr. § 15. Æðelr. vii. § 12.
Footnote 353:
Leg. Ælfr. § 38.
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