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
Eádmund commences his laws by stating that he had assembled a great
_synod_ in London at Easter, at which the two archbishops, Oda and
Wulfstan, were present, together with many bishops and persons of
ecclesiastical as well as secular condition[522]. And having thus given
the authority by which he acted, he proceeds to the details of his law,
which he again declares to have been promulgated, after deliberation
with the council of his witan, ecclesiastical and lay[523]. The council
of Culinton, held under the same prince, commences thus: “This is the
decree which Eádmund the king and his bishops, with his witan,
established at Culinton, concerning the maintenance of peace, and taking
the oaths of fidelity.”
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Footnote 522:
Thorpe, i. 244.
Footnote 523:
Ibid. i. 246.
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Next comes Eádgár, whose law commences in these words: “This is the
ordinance which Eádgár the king, with the counsel of his witan,
ordained, to the praise of God, his own honour, and the benefit of all
his people[524].”
-----
Footnote 524:
Ibid. i. 262; see also pp. 270, 272, 276.
-----
In like manner, Æðelred informs us that his law was ordained, “for the
better maintenance of the public peace, by himself and his witan at
Woodstock, in the land of the Mercians, according to the laws of the
Angles[525].” In precisely similar terms he speaks of new laws made by
himself and his witan at Wantage[526]. In a collection of laws passed in
1008, under the same prince, we find the following preamble[527]: “This
is the ordinance which the king of the English, with his witan, both
clerical and lay, have chosen[528] and advised;” and every one of the
first five paragraphs commences with the same solemn words, viz. “This
is the ordinance of our lord, and of his witan,” etc.
-----
Footnote 525:
Ibid. i. 280.
Footnote 526:
Ibid. i. 292.
Footnote 527:
Ibid. i. 304.
Footnote 528:
The word _ceósan_, to elect or choose, is the technical expression in
Teutonic legislation for ordinances which have been deliberated upon.
-----
But far more strongly is this marked in the provisions of the council of
Enham, under the same miserable prince. These are not only entitled,
“ordinances of the witan[529],” but throughout, the king is never
mentioned at all, and many of the chapters commence, “It is the
ordinance of the witan,” etc. If it were not for one or two enactments
referring to the safety of the royal person, and the dignity of the
crown, we might be almost tempted to imagine that the great councillors
of state had met, during Æðelred’s flight from England, and passed these
laws upon their own authority, without the king. The laws of 1014
commence again with the words so often repeated in this chapter[530],
and such also usher in the very elaborate collection which Cnut and his
witan compiled at Winchester[531].
-----
Footnote 529:
Thorpe, i. 314, 316, 318.
Footnote 530:
Ibid. i. 340, 342, 350.
Footnote 531:
Ibid. i. 358, 376.
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Public-domain text, read in full here on John Shaqi.
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