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
On this the learned editor of the Ancient Laws and Institutes
observes:—“It is to this law that the historian of Ely seems to allude
in the following passage, and not to any qualification for a seat in
the witena gemót, as has been so frequently asserted. ‘Habuit (sc.
Wulfricus abbas) enim fratrem Gudmundum vocabulo, cui filiam
praepotentis viri in matrimonium coniungi paraverat, sed quoniam ille
quadraginta hidarum terrae dominium minime obtineret, licet nobilis
esset [that is, a thane] inter proceres tunc nominari non potuit, eum
puella repudiavit.’ Gale, ii. c. 40. If we refer to the Dooms of Cnut,
c. 69, we shall see that the heriots of an eorl and of a lesser thane
were in the proportion of from one to eight,—a rule which may have
been supposed to have arisen from a somewhat similar relation between
the quantities of their respective estates; and as the possession of
five hides conferred upon a ceorl the rights of a thane, the
possession of forty (5 × 8) in all probability raised a thane to the
dignity of an eorl.” This opinion is only a confirmation of that which
I had myself formed on similar grounds long before Mr. Thorpe’s work
was published: and it was apparently so understood by Phillips before
either of us wrote. See Angels. Recht. p. 114, note 317, Göttingen,
1825.
Footnote 486:
Leg. Æðelst. v. § 10.
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Among the charters from which we derive our information as to the
constituent members of the gemót, one or two appear to be signed by the
queen and other ladies, always I believe, ecclesiastics of rank and
wealth. I do not however, on this account, argue that such women formed
parts of the regular body. In many cases it is clear that when a grant
had been made by the king and his witan, the document was drawn up, and
offered for attestation to the principal persons present or easily
accessible. When the queen had accompanied her consort to the place
where the gemót was held, or when, as was usual, the gemót attended the
king at one of his own residences to assist in the hospitalities of
Christmas and Easter, it was natural that the first lady of the land
should be asked to witness grants of land, and other favours conferred
upon individuals: it was a compliment to herself, not less than to him
whom she honoured with her signature. But I know no instance where the
record of any solemn public business is so corroborated; nor does it
follow that the document which was drawn up in accordance with the
resolution of a gemót should necessarily be signed in the gemót itself.
It may have been executed subsequently at the king’s festal board, and
in presence of the members of his court and household. The case of
abbesses, if not disposed of by the arguments just advanced, must be
understood of gemóts in which the interests of the monastic bodies were
concerned. Here it is possible that ladies of high rank at the head of
nunneries may have attended to watch the proceedings of the synod and
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