The Bri

cure them in the poffeffion of their native rights. Thus Xiphiline, from Dion Caffius' Life of Severus fays, Apud hos (Britannos) populos magna ex parte principatum tenet. tons (the people) hold chiefly the fovereignty. And these are the rights which, as Northcote judiciously observes (m), not belonging to individuals, but to mankind and communities, cannot be alienated.

СНАР.

CHAP. V.

GOVERNMENT OF THE SAXONS.

THE Saxon exercise of conftituting their wittena-gemoles and mickle-gemotes, which were fubverted by the feudal tenures, eftablished by the Normans, was only a continuance of the kyfr-y-then, or popular affemblies of the Britons, as improved by their intercourfe with the Romans; their own customs of forming laws by general councils being congenial with those they found in their newly acquired territory, they had only to change their name and not their nature. Thus was the British appellation of their public meetings altered to that of the Saxon. The afsembly of the people themselves, was called, as before obferved, the mickle-gemote.-The council of the many. And the affembly of the reprefentatives, was called the wittena-gemote-The council of the prudent! The honourable epithet attached to the latter popular meeting, proves that prudence was the first and most effential qualification of a Saxon reprefentative.

DURING the Saxon heptarchy, we have several instances recorded of these wittena-gemotes being held for the enacting of laws, regulating pub.. lic concerns, and advising on every matter relative to the whole community.

ACCORDING to Spelman, the famous parliament summond by Ethelbert, A. D. 605, was the common council of the clergy and people (a).

ABOUT the year, A. D. 712, Ina affembled a great council or parliament, wherein fome ecclefiaftical laws were made, concerning marriages, and other affairs relative to the public. Spelman fays, this celebrated affembly was fummoned for the purpose of promoting public unanimity, by thus taking the council and confent of all the bishops, princes, diftinguished perfons, all the wife feniors, and of the people of the whole kingdom (b). From the clergy forming a great part of thefe councils, they were then called fynodus magna, a great fynod. This has caufed them to be mistaken for mere convo cations, which, according to general acceptation, are fuppofed to mean a meeting wherein ecclefiaftical affairs are only confidered. But, as the

learned

learned Somner ftates in his Gloffary, that the parliament was then called a great fynod, we are to understand by every fuch fynod we read of being held by the Saxons, that they were the commune concilium, the wittena-gemote, or the parliament of the kingdom. It was in one of these meetings that the grand league and union between the Britons, Saxons, and Picts, was framed and confirmed. According to Bede, it was concluded," per commune concilium et affenfum omnium epifcoporum, procerum, comitum, et omnium fapientum feniorum et populorum, et per præceptum (c) regis Inæ:" by the common council and affent of all the bishops, diftinguished perfons, the wife feniors and people, and by the precept (d) of king Ina.

ALTHOUGH the wittena-gemote of the Saxons was not reduced to the forms, diftinctions, and ceremonies of the Norman parliaments, yet no new law was enacted, or old ftatute altered, without the concurrence of its members. Without the bawbling frippery of a mace, the affumption of arrogant and unauthorized privilege, or the refined compliance to the neceffity of contributing to a minifterial majority, this commune concilium was VOL. I.

D

the

the effective fource, guide, and controul of the government.

THIS was the fyftem which was adopted in each of the feven petty kingdoms compofing the Saxon Heptarchy. Although they were distinct ftates, they had but one principle of legiflation. Every district had its affembly wherein the lives, rights, properties, and interefts were guarded by each individual of thefe affociated communities being confulted on whatever related to the general welfare. And the commune concilium of each petty kingdom was formed from felect members of these small affemblies being prefent either by perfon or by representative. Contrary to what Blackstone afferts, as a reafon to fupport his opinion of the uncertain origin of our ancient established cuftoms-that the fubdivifion of the heptarchy muft neceffarily create an infinite diversity of laws *; their laws were few in number, fimple in their principle, and fimilar in Being derived from the fame

their letter. fource of government which they all brought from their native provinces in Germany, their political maxims and practice were obviously the fame.

*Comment. Vol. IV. 403.