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
the noble class, could swear for sixty hides of land[45]. His
horsewealh, the Briton employed in his stables, was placed on an equal
footing with the freeman, at a wergyld of 200 shillings[46]; and even
his godson had a particular protection[47]. Lastly, high-treason, by
compassing the king’s death, harbouring of exiles, or of the king’s
rebellious dependents, was made liable to the punishment of death[48].
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Footnote 32:
Æðelb. i. § 2. This enactment has been supposed to be the foundation
of one of those privileges of Parliament, which we have seen solemnly
discussed on a late occasion.
Footnote 33:
Æðelb. i. § 3.
Footnote 34:
Ibid. § 4, 9.
Footnote 35:
Ibid. § 8, 15.
Footnote 36:
Ibid. § 5, 13.
Footnote 37:
Ibid. § 10, 14, 16.
Footnote 38:
Æðelb. § 7, 21.
Footnote 39:
Wihtr. § 16. The position and privileges of the clergy at this very
early period, and especially in Kent, were very exalted. Æðelberht
places the king only on the footing of a priest, in respect to his
stolen property. Æðelb. § 1. But this grave error was remedied as
society became better consolidated, although to the very last the
clergy were left in possession of far too much secular power.
Footnote 40:
Ini, § 6. Ælf. § 7.
Footnote 41:
Ini, § 45. Ælfr. § 40.
Footnote 42:
Ælfr. § 3. Cnut, ii. § 59.
Footnote 43:
Æðelst. iii. § 6; iv. § 4; v. § 4.
Footnote 44:
Ælfr. § 2.
Footnote 45:
Ini, § 19.
Footnote 46:
Ini, § 33.
Footnote 47:
Ibid. § 76.
Footnote 48:
Ælf. § 4. Cnut, ii. § 58.
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The political position of the king, at the head of the state, was
secured by an oath of allegiance taken to him, by all subjects of the
age of twelve years[49], the ealdormen in the shires, the geréfan in the
various districts or towns, summoned his witan and the legal period of
majority among the Germans, for public purposes. In this capacity he
appointed named the members of their body[50]. In this capacity he was
empowered to inflict fines upon the public officers, and even private
individuals, for such neglect of duty as endangered the public
interests: these fines were paid under the title of the king’s
oferhýrnes, literally his _disobedience_: thus, if a man when summoned
refuse to attend the gemót; if a geréfa refuse to do justice, when
called upon, or to put the law in execution against offenders[51], and
in other similar cases where the whole framework of society requires the
existence of a central support, having power to hold its scattered
elements together, and in their places.
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Footnote 49:
Public-domain text, read in full here on John Shaqi.
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