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
With all their attachment to the customary law and the national
franchises, the Anglosaxons never lost sight of the fact that
Christianity had introduced new social relations: they were ready to
admit that there was now a godcund or _divine_ as well as woroldcund or
_secular_ right; and in the exposition of the former they were willing
to follow the guidance of those who professed to make it their especial
study. Moreover the system of Anglosaxon jurisprudence depended very
much upon the trustworthy character of witnesses, and the ordination of
the clergy was justly taken to have imposed upon them the obligation of
a peculiar truthfulness. The testimony of members of their class became
therefore a very important thing in the sight of the _moot-thanes_ who
might have disputed points to settle, or who, in mixed causes, might
shrink from doing wrong to the venerable body by too strict an
application of the principles by which themselves were bound. Lastly, as
there was a merciful tendency among the people to have disputes settled
by arbitration and on equitable grounds, rather than by the strict rules
of law, the clergy, whose jurisdiction extended to the motives of
Christians rather than the mere acts of citizens, were valuable
intermediaries between contending parties. The dignity of the class—the
_honor clericalis_—was cheerfully recognised, the wisdom and goodness of
the body acknowledged, and the propriety of being to a great degree
guided by the experience and enlightenment of their leaders, readily
conceded. Accordingly the bishop became an inseparable assessor of the
Frankish count and of the Anglosaxon ealdorman in their respective
courts[882].
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Footnote 882:
See Leg. Eádg. ii. § 5. Cnut, ii. § 18.
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Public-domain text, read in full here on John Shaqi.
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