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
If the ceorls ever did form an integral part of the legislature in the
kingdom of Kent, the whole question is settled. But I do not
contemplate the thanes in Kent acting here as a legislative body: that
is, I do not believe Æðelstán’s witan in Wessex to have passed a law,
and then his witan in Kent to have accepted or continued it. I believe
his witan from all England to have made certain enactments, which the
proper officers brought down to the various shires, and in the
shiremoots there took pledge of the shire-thanes that they accepted
and would abide by the premises; just as in the case quoted on the
preceding page. And this is the more striking because there is every
reason to suppose that the witena gemót whose acts the shire-thanes of
Kent thus accepted was actually holden at Feversham in that county.
But it is further to be observed that the document we possess is a
late Latin translation of the original sent to Æðelstán: I will
venture to assert that in that original the words used were, “ealle
scírþegnas on Cent, ge eorl ge ceorl,” or perhaps “ge twelfhynde ge
twihynde.” Again, there is no reason to suppose that the ceorls did
_not_ form an integrant part of the shiremoot, the representative of
the ancient, independent legislature. A full century later than the
date of the council of Feversham, they continued to do so in the same
kingdom or, at that period, earldom: and it will be readily admitted
that during those hundred years the tendency of society was not to
increase the power or improve the condition of the ceorl. Between 1013
and 1020 we thus find Cnut addressing the authorities in Kent (Cod.
Dipl. No. 731):—“Cnut the king sends friendly greeting to archbishop
Lýfing, bishop Godwine, abbot Ælfmǽr, Æðelwine the sheriff, Æðelríc,
and all my thanes, both twelve-hundred and two-hundred men,—ealle míne
þegnas twelfhynde and twihynde:”—in other words, both eorl and ceorl,
nobilis and ignobilis, or as the witan of Æðelstán have it, in the
Norman translation, comites et villani. The nature of Cnut’s writ,
which is addressed to the authorities of the county, the archbishop
and sheriff, shows clearly that the thanes in question are not those
royal officers called cyninges þegnas—who could never be two-hundred
men—but the scírþegnas. These are of frequent occurrence in Anglosaxon
documents. The scírgemót at Ægelnóðes stán (about 1038) was attended
by Æðelstán the bishop, Ranig the ealdorman, Bryning the sheriff and
all the thanes in Herefordshire. Cod. Dipl. No. 755. A sale by Stigand
was witnessed by all the scírþegnas in Hampshire; that is, it was a
public instrument completed in the shiremoot. Cod. Dipl. No. 949.
Again a grant of Stigand was witnessed about 1053 by various
authorities in Hampshire, including Eádsige the sheriff and all the
scírþegnas. Cod. Dipl. No. 1337: and similarly a third of the same
prelate, Cod. Dipl. No. 820.
Public-domain text, read in full here on John Shaqi.
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