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
This power applied to bócland, as well as folcland, and was exercised in
cases which are by no means confined to the few enumerated in the laws.
Indeed the latter may very probably refer to nothing but the chattels or
personal property of the offender; while the real estate might be
transferred to the king, by the solemn act of the witan. A few examples
will make this clear.
Ælfred, condemned for treason or rebellion against Æðelstán, lost his
lands by the judgment of the witan, who bestowed them upon the
king[571]. In 1002 a lady forfeited her lands for her incontinence; the
king became seised of them, obviously by the act of the gemót, for he
calls it _vulgaris traditio_[572]. Again, the lands of certain people
which had been forfeited for theft, are described as having been granted
to the king, “iusto valde iudicio totius populi, seniorum et
primatum[573].”
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Footnote 571:
Ibid. No. 1112.
Footnote 572:
Cod. Dipl. No. 1295.
Footnote 573:
Ibid. No. 374.
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The case of intestacy is proved by a charter of Ecgberht in 825. He gave
fifteen hides at Aulton to Winchester, and made title in these words.
“Now this land, a very faithful reeve of mine called Burghard formerly
possessed by my grant: but he afterwards dying childless, left the land
without a will, and he had no survivors: and so the land with all its
boundaries was restored to me, its former possessor, by judicial decree
of my _optimates_[574].”
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Footnote 574:
Ibid. No. 1035.
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Other examples may be found in the quotations given in page 52 of this
volume; to which I may add a case of forfeiture for suicide[575].
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Footnote 575:
The charter which furnishes the evidence of this fact will appear in
the seventh volume of the Codex Diplomaticus. It is in the archives of
Westminster Abbey, and its date is the time of Eádgár. [The death of
Mr. Kemble in 1857 prevented the publication of this seventh volume.]
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12. _Lastly, the witan acted as a supreme court of justice, both in
civil and criminal causes._
The fact of important trials being decided by the witena gemót is
obvious from a very numerous list of charters recording the result of
such trials, and printed in the Codex Diplomaticus. It is perfectly
unnecessary to give examples; they occur continually in the pages of
that work. The documents are in great detail, giving the names of the
parties, the heads of the case, sometimes the very steps in the trial,
and always recording the place and date of the gemót, and the names of
those who presided therein.
Public-domain text, read in full here on John Shaqi.
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