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sided, was composed of all the Freeholders within the County, and virtually constituted a little Parliament. The Witena-gemote possessed the whole legislative power of the Community. The King could make no law, or impose any taxes without the consent of this great Council, which William of Malmesbury defines, "generalis Senatus et Populi Conventus et Edictum."

The Mickel-gemote is supposed to have been a still larger Assembly, consisting of the People in indefinite numbers, but it may, perhaps, be safer to agree with other authors, who are of opinion, that this Convention, as being too numerous for deliberation, was, in fact, superseded by the Witenagemote, or Assembly of Wise Men, a more select and efficient body of Representatives.

During the Heptarchy, each Kingdom had its separate Witena-gemote. About the year 830, and 242 years after the erection of the Mercian Monarchy, the Britons North of the Severn, were entirely subdued by Egbert, who became Eighth Bretwalda, or Sovreign. It appears, however, that contrary to the received opinion with regard to the consolidation of the several Kingdoms, there still existed "no common Legislature, and no means of concentrating in the supreme government the strength and resources of the Community." (d) The Councils of each State remained independent, and the several Kings took the advice of their Subjects, and enacted their Laws without reference to the wants of their neighbours, or the necessities of their common Country. In this respect, the constitution of the Heptarchy differed little from the less perfectly arranged System of the British States.

In the year 441, Vortigern was elected Sovreign by an Assembly of South Britons, and of Saxons, who had been invited for the protection of the Commonwealth. By a similar Assembly, he was deposed for mal-administration, and Ambrosius was elevated to the vacant honours. During 130 years, which intervened between the commencement of the Saxon hostilities, and the completion of the Heptarchy by the erection of the Mercian Kingdom (A. D. 455-585), the same Constitution seems to have prevailed.

In A. D. 602, Ethelbert, with the concurrence of the Witena-gemote, enacted a body of Laws, or reduced the traditionary legal Customs of the Jutes into writing. On his confirmation in the Christian Faith (A. D. 605) he convened a Council of "Clergy and People." (e)

A. D. 607, Edwin, King of Northumbria, convened a Witena-gemote, to discuss the respective merits of Christianity and Paganism; upon which occasion, the former was adopted as the Religion of his Province or Kingdom.

A. D. 689-727. Ina, King of Wessex, framed a Code of Laws, of which the Preamble says, "Ina, by the Grace of God, King of the West Saxons, by the advice and institution of Cendred, my Father, and of Heddes and Erkenwald, my Bishops, and with all my Ealdormen, and the Sage Ancients of my People, in a great Assembly of the Servants of God, have religiously endeavoured, both for the health of our Souls, and the common preservation of our kingdom, that right Laws and true Judgements be founded throughout our whole dominions, and that it shall not be lawful, for the time to come, for any Ealdorman, or other person whatever, to abolish these our Constitutions."

According to Cotton, these Laws were enacted, "confirmatione Populi." Spelman also says, (f) that at a great Council, held a. n. 712, by Ina, "many things were done ad concordiam publicam promovendam, per commune consilium et assensum omnium Episcoporum, Principum, Procerum, Comitum, et omnium Sapientum Seniorum et Populorum totius Regni."

(d) Palgrave History of England, p. 103-230.

(e)" Tam Cleri quain Populi." Spelman Conc. T. i. p. 126. Conc.i. 219.

We learn moreover from Bede, that the grand League and Union of the Britons, Saxons and Picts, was concluded and coufirmed, "per commune concilium et assensum, &c., et Populorum, et per Præceptum Regis Inæ." (g) A. D. 751. Offa, King of Mercia, in a great Council of Prelates and Nobles, associated his Son in the Royal Dignity.

The Decrees of the Council of Colchuth were propounded in a Great Council before King Alfwald and Archbishop Eanbald, "et omnibus Episcopis, Abbatibus, Senatoribus, Ducibus et Populo Terræ." (h)

A. D. 775. According to the Saxon Chronicle, Sigebert was deposed by the Witena-gemote of Nobles and Wisemen. Concerning this Act, Henry of Huntingdon farther says, "Congregati sunt Proceres et Populi totius regni."

A. D. 811. Kenwulf, King of the Mercians, convenes the "Optimates, Episcopos, Principes, Comites, Procuratores, suosq; Propinquos." (i)

Egbert, King of the West Saxons, enacted his Laws, "cum licencia et consensu totius gentis suæ, et unanimitate omnium Optimatum.” (k)

On the death of Egbert in 836, and on the succession of his son Ethelwulf, the Mercians and West Saxons united to repel the invading Danes, and a great Congress was held at Kingsbury, composed of the Prelates and Nobles of the two Nations. This historical fact is a sufficient proof that, under Egbert, no general consolidation of the States of the Heptarchy had taken place, and that the union here described was an exception to the established Constitution of the Country.

A. D. 855. The grant of Tithes to the Clergy is conceded "a Rege (Ethelwolf) Baronibus et Populo, præsentibus Archieps. et Episcopis Angliæ universis, Comitum Procerumque totius Terræ, aliorumque Fidelium, infinita multitudine, qui omnes Regium Chirographum laudaverunt; Dignitates vero nomina subscripserunt." (1)

From the Statutes enacted by Ethelbert, Ina, Offa and other Anglo Saxon Monarchs, Alfred selected such as appeared most eligible; others he amended, and some wholly rejected. He made, in fact, no important alteration in the Laws and usages of his Realm. "He was afraid to innovate, lest, as he says, his own new Laws might be rejected by Posterity." (m) He established the Witena-gemote on a more regular plan, ordained two meetings every year, and introduced a greater degree of order in the Assemblies, which, according to Palgrave, partook of the nature of the present Cabinet and Privy Councils, in which there was a previous consideration of such measures as were to be submitted to the Witena-gemote.

This general statement which is derived from the Mirror of Justice, the author of which lived under Edw. I., has been, perhaps hastily, rejected by Bishop Ellys, who says, "among other Regulations, Alfred appointed two general Shire-gemotes, or County Courts every year, which have been mistaken for Parliamentary Conventions. (n) These strictures are, however, scarcely applicable to the expressions of the Author before quoted, who says, "Alfred ordains a perpetual Custom, that twice in the year, or oftener, in time of peace, if business so required, they should assemble at London, to treat of the good government of God's people, and how folks should be restrained from offending, and live in quiet, and should receive right, by certain usages and judgements, &c."

(g) Bede's Ecclesiastical History, lib. 1. Protestants in England, by Anthony Ellys, London, 1767, p. 456.

Tracts on the Liberty, Spiritual and Temporal, of
D.D., late Lord Bishop of St. Davids, 2d Edition,

(k) Ellys p. 457, from the Magdeburg Centuriatus, cent. viii. c. q. p. 575.
(D) In Bibi. Cotton Tib. c. 4.

(4) In Bibl. Cotton, Claud. 1. ix. c. 31.

(4) Lamb. LL. Edw. Reg. c. 8. Ingulph Hist. p. 863.

(m) Palgrave p. 189,-90. "He judged that it was better to permit the continuance of a defective Law, than to destroy the foundation upon which all Laws depend-respect for established authority-which sudden changes, even for the better, are apt to undermine."

(a) Ellys b. c. p. 361,

Arthur is said to have derived from the ancient British Institutions, that Law which formed the groundwork of the Anglo-Saxon Constitution, relative to Frank-Pledge, by which he consolidated the Kingdom of Britain. With more certainty, upon the authority of John of Brompton, may we ascribe to King Alfred, the first division of England into Counties, Hundreds and Tythings, and the appointment of Tything, Hundred, Trything and County Courts, with the duties attached to the respective Members of each. To the system thus consolidated, while, by an arrangement and association of the whole body of the People, it secured the maintenance of the public peace, may also, perhaps, be referred the elements of a representative plan, which might easily be applied to the purposes of National Legislation. may also, perhaps, be granted, that from the Free-burghs (free securities, frank pledges) thus constituted, have arisen also the rights and privileges of the Free Burgesses, the Burgage Tenants, how much soever they may have since been mistaken, or perverted.

It

Athelstan, the grandson of Ina, proposed various Laws in a great Assembly held at Greateley, consisting of the Archbishop Wolfelm and of all the "Optimates et Sapientes quos potuit Congregare." The Bishops, Thaynes, Earls and Villani of Kent, send an Address to the King, thanking him for having appointed certain wise men to inquire as to their state of peace, and their requirements, "de commodo nostro perquirere et consulere, magnum opus Nobis, Divitibus et Egenis," and assure him that they have immediately commenced their inquiries, with the advice of the said wise men. They thank him farther for the Enactments made at Greatley. (0)

These Laws were again confirmed at Exeter, Feversham and Thundresfeld. It appears, also, that they received a fifth confirmation, or that other Laws were made by the great men at London, "Hoc est Consultum quod Episcopi et Præpositi qui Lundonensi Curiæ pertinent, edixerunt; et jurejurando confirmaverunt, in Suo Fridgildo, Comites et Villani, in adjectione Judiciorum quæ apud Greatleyam et Exoniam instituta sunt, et iterum apud Thundreffeldam." (p)

A. D. 944. Edmund Atheling, brother of Athelstan, held a great Council of the Clergy and Laity at London, and another brother, Edred, succeeded to the Throne, with the approbation of the Witena-gemote. He inherited the fourfold empire of the Anglo-Saxons, Northumbrians, Pagans and Britons, but each of these States and Communities was virtually independent of the other members. "There was one Sovreign, one Empire, many Kingdoms and Provinces, many Customs and Laws. It was not until after the Conquest, that England really became One Kingdom, governed by the King, and possessing one Supreme Legislature."

A. D. 958. The Oaths of Fidelity taken at Chester by the vassals of Edgar (nephew to Edred), and their military obligations, constitute, says Palgrave, two of the elements of Feudality. The donation of Land, and the tie of Vassalage grew up with the Anglo-Saxon Kingdoms. Under Edgar, the system was carried to its full extent. (g) He convened, a. D. 970, a great Council of all the Proceres of the Kingdom, at Salisbury.

(0) Chron. of Brompton, p. 850.

(p) Judicia Civ. Lond: in Dr. Wilkins's Coll. of Saxon law. Elly's p. 459.

In a Charter of King Athelstan for certain Lands granted, A. D. 931, to the Abbey of Abington, which is entered on the great Register belonging to that Abbey, now in the Cottonian Library, the following words occur: "Hæc Charta in Villa Regali quæ Etwelope nuncupatur, Episcopis, Abbatibus, Ducibus, Patriæ Procuratoribus, regia dapsilitate ovantibus, præscripta est." The term "Procuratores" occurred previously, A. D. 811, but nothing can be inferred as to their legislative functions from the circumstance of their being present at the Royal Feasts. The pretended claims of the Borough of Barnstaple to return members from the period of Athelstan, on which so many false arguments have been founded, are sufficiently exposed and demolished in the Lords' Report on the Dignity of the Peerage, Vol. 1. See also on the Claim of the Borough of St. Albans, 8 Edw. 2, Prynne, Brief Register, P. 4, p. 612.

(9) Palgrave's History of England, 228-9-50, 272.

vii.

A Witena-gemote held at Winchester, A. D. 975, placed Edward the Martyr on his Father's Throne.

Another, held at Calne, A. D. 978, included the principal Nobility of England.

In the year 979, an Assembly of Nobles, Prelates and great men, on the murder of this King, placed on the Throne his half brother, Ethelred I., the sole remaining scion of the Royal stem.

A Charter to the Monastery of Wolverhampton, was made "coram Rege, Archiep. Ebor. et omnibus Episcopis, Abbatibus, Senatoribus, Ducibus et Populo Terræ.” (r)

A. D. 1000, the Laws of Ethelred II. were enacted and confirmed by the King and his wise men; in one instance, "cum Exercitu."

A. D. 1002-1009, A great Assembly of the Witan, or wise men, concerts measures against the Danes.

A. D. 1013. Sweyne is chosen "full King of England," and on his death Canute is elected, but the Witena-gemote resolved to restore the line of Cerdic, and Ethelred is recalled under certain conditions. (s)

A. D. 1016. On his death, "Cives Londonienses, et pars nobilium qui eo tempore consistebant Londini, Clitonem Edmundum (Ironside), unanimi consensu, in Regem levavere." But the Witena-gemote chose Canute as King. (t)

A. D. 1017. Canute convoked at London a general Assembly of Bishops, "Duces and Optimates," and, in the following year, confirmed the Laws of Edgar and the Saxon Kings, in a great Council at Oxford, "cum consilio et decreto Archiepiscoporum, Episcoporum, Abbatum, Comitum, aliorumque ; Fidelium." (u)

A. D. 1039. Hardicanute his Son was elected by the States, and a Charter was granted, "cum assensu, laude et consilio suorum Archiep. Abb. Monach. Clericor. et regni sui Devotorum, Procerum, et cæterorum minoris ordinis gregariorum Militum." (v)

A. D. 1042. Edward, the Outlaw, or Confessor, only surviving Son of Ethelred, was elected, notwithstanding the opposition of the Danes, by a Council of the Prelates and great men, assembled at London. "The detail of the motives which actuated the majority of the Assembly, shews, says Palgrave, how little the exercise of their Prerogative was attended with any real liberty of Suffrage."

The Laws of King Edward, the Confessor, were made "a Rege, Baronibus, et Populo." He was, according to Stowe, the chief Author and Cause that the Law which we call the Common Law, was first brought up, being gathered out of the Laws and Ordinances of Four Nations-the Mercies, West Saxons, Danes and Northumbers." (w) These he united into one, by the advice of his Witena-gemote. The Charter of Edward, the Confessor, to the Abbey of Westminster, made in a great Council held in the last year of his reign, was granted "coram Episcopis, Abbatibus, Comitibus et omnibus Optimatibus Angliæ, omnique Populo audiente et vidente." (x)

A. D. 1066. The Members, who had composed the last Witena-gemote of Edward, being still present in the Metropolis, consent to the Election of Harold, as King.

William of Malmesbury, who wrote within 60 years of this time, and was

() Dugdale Monast. Ang. i., F. 988, col. 2.

(s) "With full acknowledgment of hereditary right, the nation stipulated that the King shouid not abuse his power, the germ (says Palgrave, 1. c. p. 303) of Magna Charta, and all subsequent compacts between the King and People of England."

() Florence of Worcester, and Hovenden from him Ellys, p. 460

Chart. Reg. Cnut. Archaion. 97, 4 inst. 32, and Rot. chart. 4, E. 3 m. 24, n. 58.
() Ellys, p. 457.

(1) Palgrave, 331, Stowe p. 94. Lambard de priscis Angliæ Legibus c. 8, f. 139,
(=) Spelman Conc. f. 625.

well skilled in History, speaking of the claim of William of Normandy to the crown, represents Harold as having given this Answer, “De regno præsumptuosum fuisse quod absque generali Senatus et Populi conventu et édicto, alienam illi hæreditatem juraverit." (y)

It is not known, says Bishop Ellys, what share, up to this period, the Commons held in the Legislature, nor by whom it was managed; but there are sufficient grounds to believe, that they had some share. He alludes to the Customs of the Northern Nations, the freedom of the lower classes among our Saxon Ancestors, and the ancient writings of those times, particularly the Address to Athelstan, the Judicia Londini, and some ancient Charters, and concludes, "Such a concurrence deserves to be esteemed a proof of considerable weight, that the Commons, distinguished from the Greater Barons, were usually present, and some way parties to these National Assemblies," adding, "It is most probable that this Privilege was vested in the Thanes of so much Land, in the Sheriffs and Heretooks chosen by the Freeholders in the Counties, and in the Town Gerceves, or other Officers there, chosen by the Burghers" (≈)

Whatever may have been the real constitution of the Saxon Councils, it is evident from the preceding analysis, that no very precise information can be obtained on this subject from any authentic documents; and that, however generally it may be admitted, that the approbation of certain classes of the community was desired as a confirmation of Legislative, or other enactments, no positive Law existed by which, their rights were formally announced, or their participation accurately defined.

The indiscriminate employment of the term "Populus" has given rise to most of the difficulties connected with this obscure subject. The "Clerus et Populus" of Ethelbert; the "Confirmatio Populi," "Populus totius Regni,” and “Assen

sus Populi," of Ina; the " Populus Terra" of Offa; the "Populus totius Regni" again of Sigebert; the "Tota gens nostra" of Egbert; the infinita multitudo, the Populus et Fideles of Ethelwulf; the Procuratores of Kenwulf; the Omnis Populus of Edward Confessor, must be admitted to be sufficiently vague and indefinite expressions, destroying, in some instances, their own authority, as applicable to this question, by their universality, or by proving too much; in others, conveying a meaning very different from that which it is intended to affix to them; and, in no case, implying the possession of an equal privilege with that acknowledged to belong to the Classes especially named as concerned in the enactment of Laws. The "Senatus et Populus," are distinguished, moreover, in one instance, as separate bodies. The Convention of the Senate, and also of the People, might, indeed, be necessary to the Election of William the Conqueror, without any implication that the "Populus" formed a part of the Senate, as a legislative Body, from which it is here, in a marked manner, distinguished.

Bishop Ellys is himself obliged to acknowledge, that the privilege of being admitted a member of the Legislative Assemblies was vested in the Proprietors of Land, or the Officers who held responsible situations, a concession quite at variance with the supposition that the Ceorls, or Villani, might have been members of the Great Councils, concurrently with the Prelates, Nobles, and Wisemen. And if the Coloni, or Villani, could in no instance hold these equal privileges, it is as easy to reject the claims of the undefined Class, called "Populus," to an equal participation in the Legisla

tive and Judicial functions.

It seems, also, probable, that, in some instances, the term Populus was meant to include the whole body of the Laity, as in the frequent examples that occur of Clerus et Populus; when the latter term applied to the Lay

(y) Ellys, p. 463, from Hody. Convocat. p. 123.

(2) Ellys, p. 442, p. 457.

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