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
“Then I, Ælfred the king, gathered these together, and commanded many of
those which our forefathers held, and which seemed good to me, to be
written down; and many which did not seem good to me, I rejected by the
counsel of my witan, and commanded them in other wise to be holden; but
much of my own I did not venture to set down in writing, for I knew not
how much of it might please our successors. But what I met with, either
of the time of Ini my kinsman, or of Offa, king of the Mercians, or
Æðelberht who first of the English race received baptism, the best I
have here collected, and the rest rejected. I then, Ælfred king of the
Westsaxons, showed these to all my witan, and they then said, that it
liked them well so to hold them.”
The laws of Eádweard like those of Hloðhere and Eádríc have no proem:
next in order of time are those of Æðelstán. The council of Greatley
opens with an ordinance which the king says was framed by the advice of
Wulfhelm, archbishop of Canterbury and his other bishops: no other witan
are mentioned. Now it is remarkable enough that this ordinance refers
exclusively to tithes, and other ecclesiastical dues, and works of
charity. But the secular ordinances which follow conclude with these
words: “All this was established in the great synod at Greátanleá; in
which was archbishop Wulfhelm, with all the noblemen and witan whom
Æðelstán the king [commanded to] gather together[518].”
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Footnote 518:
Thorpe, i. 214.
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The witan at Exeter, under the same king, are much more explicit as to
their powers: in the preamble to their laws, they say: “These are the
dooms which the witan at Exeter decreed, with the counsel of Æðelstán
the king, and again at Feversham, and a third time at Thundersfield,
where the whole was settled and confirmed together[519].”
-----
Footnote 519:
Ibid. i. 207.
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The concurrence of these witan is continually appealed to in the Saxon
laws which follow[520], and which are supplementary to the three gemóts
mentioned. But in a chapter (§ 7) concerning ordeals, the regulation is
said to be by command of God, the archbishop and all the bishops, and
the other witan are not mentioned; probably because the administration
of the ordeal was a special, ecclesiastical function. Again in the
Judicia Civitatis Londoniae the joint legislative authority of the king
and the witan is repeatedly alluded to[521].
-----
Footnote 520:
Æðelst. iv. Thorpe, i. 220, 224.
Footnote 521:
Æðelst. v. § 10, 11, 12. Thorpe, i. 238, 240.
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Public-domain text, read in full here on John Shaqi.
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