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
“And let every widow remain for a twelvemonth without a husband; then
let her do her pleasure. But if within the year she choose a husband,
let her forfeit the _morgengyfu_ and all the property she had through
her first husband, and let her nearest kin take the land and property
she had before. And let the husband be liable in his _wer_ to the king,
or to whomsoever he may have granted it. And even if she have been taken
by force, let her forfeit her possessions, unless she be willing to go
home again from the man, and never become his again.... And let no one
compel either woman or maiden to him whom she herself mislikes, nor for
money sell her, unless the suitor will give something of his own good
will[181].”
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Footnote 181:
Cnut, ii. § 74, 75.
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This of itself does not imply the royal right of marriage; but it
becomes much more significant, when we learn that estates had been given
to influential nobles, for their intercession with the king, on behalf
of profitable alliances: then, the circumstances, combined together,
seem to imply that Cnut desired to reform the miserable condition in
which he found England, in the hope, no doubt, by such reform to
consolidate his own power. The evidence of what may almost be called
purchasing a marriage—though not in the truly gross and vulgar sense of
such purchases among those whom writers of romances represent as the
_chivalrous_ Normans,—is supplied by the monk of Ramsey: the instance
dates from the middle of the tenth century. In mentioning an estate of
five hides at Burwell, the chronicler adds: “This is the estate which—as
we find in the very ancient English charters referring to it—a certain
man named Eádwine, the son of Othulf, had in old times granted to
archbishop Oda, as a reward for his pains and trouble in bringing king
Eádred to consent, that Eádwine might have leave to marry the daughter
of a certain Ulf, whom he desired[182].” This Ulf does not, I believe,
occur among the signitaries to any of the charters, unless the name
represent some one of the many Wulfgárs or Wulfláf’s of the time: but
still we must suppose him to have been a person of consideration, since
a large estate was given for his daughter’s marriage. In the absence of
all details we cannot form any clear decision as to the royal right in
this respect, though the balance of probability seems to me to incline
to the view that the king had some right of wardship and marriage over
the children and widows of his own thanes or sócmen. This seems to lie
in the very nature of their relative position. With the widow or child
of a free man, it is of course not to be imagined that the king could
interfere; but in the time of Eádred there were probably not many free
men whose wealth rendered interference worth the trouble.
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Footnote 182:
Public-domain text, read in full here on John Shaqi.
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