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
It has always been a question of deep interest in this country, what
persons were entitled to attend the Gemót: and in truth very important
constitutional doctrines depend upon the answer we give to it. The
very first and most essential condition of truth appears to me, that
we firmly close our eyes to everything derived from the custom of
Parliaments, under the Norman, the Angevine or the English kings: the
practice of a nation governed by the principles of Feudal law, is
totally irreconcileable with the old system of personal relations
which existed under the earlier Teutonic law. The next most important
thing is, that we use no words but such as the Saxons themselves used:
the moment we begin to talk of Tenants in capite, Vavassors, Vassals,
and so forth, we introduce terms which may involve a _petitio
principii_, and must lead to associations of ideas tending to an
erroneous conclusion. One of these fallacies appears to me to lie in
the assertion that a landed qualification was required for a member of
the Witena gemót. One of the most brilliant, if not the most accurate,
commentators on our constitutional history, Sir F. Palgrave, has
raised this question. According to his view no one could be a member
of that singular body which he supposes the Anglosaxon Parliament to
have been, unless he had forty híds of land, four thousand acres at
least according to the popular doctrine. But this whole supposition
rests upon a series of fine-drawn conclusions, in my opinion, without
sound foundation, and totally inconsistent with every feeling and
habit of Saxon society. The monkish writer of the history of Ely—a
very late and generally ill-informed authority—says that a lady would
not marry some suitor of hers, because not having forty híds he could
not be counted among the Proceres; and this is the whole basis of this
parliamentary theory,—_proceres_ being assumed, without the slightest
reason, to mean members of the witena gemót,—and the witena gemót to
be some royal council, some Curia Regis, and not at all the kind of
body described in this chapter. I confess I cannot realize to myself
the notion of an Anglosaxon woman nourishing the ambition of seeing
her husband a member of Parliament. The passage no doubt implies that
a certain amount of land was necessary to entitle a man to be classed
in a certain high rank in society: and this becomes probable enough as
we find a landed qualification partially insisted on with regard to
the ceorl who aspired to be ranked as a thane. But this is a negative
condition altogether: it is intended to repress the pretensions of
those who, in spite of their ceorlish birth, assumed the weapons and
would, if possible, have assumed the rights of thanes. In the Saxon
custumal, called “Ranks,” it is said:—“And if a thane throve so that
he became an eorl, he was thenceforth worthy of eorl-right.” Thorpe,
i. 192.
Public-domain text, read in full here on John Shaqi.
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