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
Here I take it the þeningmen or _servientes regis_ and the leódscipe
(leudes) are identical and opposed to the _Folc_ who under “God’s
adversary” Eádwine made the bishop disgorge his plunder. We see who
they were; Dunstan and various bishops, ealdorman Ælfhere and several
of the king’s witan. This is the only instance I have been able to
discover of anything approaching to a _curia regis_ apart from the
great Witena gemót. There are, no doubt, several cases where the king
appears to have been applied to in the first instance, by one of the
parties; but in all of them trial subsequently was had before the
shiremoot. It is natural that agreements should have been made by
consent, before the king as arbitrator, and these were probably
frequent among his intimate councillors, friends and relatives: but
they were not trials, nor did they settle the litigation as a
judgement of the courts would have done. Such arbitrements were also
made by the ealdorman, who like the king received presents for his
good offices. The advantage gained was this; both parties were
satisfied, without the danger of trying the suit, which entailed very
heavy penalties on the loser, amounting sometimes to total forfeiture.
The disadvantage was that there was no _ge-endodu spræc_ or finished
plea, and consequently the award was sometimes violated, when either
party thought this could be done with impunity.
Footnote 67:
Excepting a very indefinite expression in the Law of Henry the First,
§ 13.
Footnote 68:
Cod. Dipl. No. 693. Cwichelmeshlǽw, now Cuckamsley or Cuckamslow
Hills, in Berkshire; these run east and west and probably cut off the
north-western portion of the county, forming the watershed from which
the Ock and Lambourn descend on opposite sides. The exact spot of the
gemót was probably near a mound which is now called Scutchamfly
Barrow, and which is very plainly marked in the Ordnance Map, nearly
due north of West Ilsey.
Footnote 69:
The lands are Bradfield, Hagborne and Datchet, in Berks and Bucks.
Wulfamere I am unable to identify. At all events, had the matter been
cognizable in a superior court of the king’s, Leófwine could not have
carried his point of having it brought to trial before the shiremoot
in Berkshire, which he clearly did against the king’s wish.
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There can be no mistake about the fact; but it does not amount to a
proof that the cause could not have been settled without this formality:
both parties to it were of the highest rank; but if the king’s
arbitration were refused, the title to the land at Bradfield could
legally be tried only in the county of Berkshire in which it lay.
Something similar may have been intended by the notice which occurs in
the record of another shiregemót (held about 1038 at Ægelnóðes stán in
Herefordshire) where it is said that Tófig Prúda came thither _on the
kings errand_[70].
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Footnote 70:
Cod. Dipl. No. 641.
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Public-domain text, read in full here on John Shaqi.
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