"The Imperial Witenagemot was not a legislative
assembly, in the strict sense of the term, for the whole
Anglo-Saxon empire. Promulgating his edicts amidst
his peers and prelates, the king uses the language of
command; but the theoretical prerogative was modified
by usage, and the practice of the constitution required
that the law should be accepted by the legislatures
(courts) of the several kingdoms. * * The 'Basileus'
speaks in the tone of prerogative: Edgar does not
merely recommend, he commands that the law shall be
adopted by all the people, whether English, Danes, or
Britons, in every part of his empire. Let this statute be
observed, he continues, by Earl Oslac, and all the host
who dwell under his government, and let it be transmitted
by writ to the ealdormen of the other subordinate states.
And yet, in defiance of this positive iujunction, the
laws of Edgar were not accepted in Mercia until the reign
of Canute the Dane. It might be said that the course
so adopted may have been an exception to the general rule;
but in the scanty and imperfect annals of Anglo-Saxon
legislation, we shall be able to find so many examples
of similar proceedings, that this mode of enactment
must be considered as dictated by the constitution of
the empire. Edward was the supreme lord of the
Northumbrians, but more than a century elapsed before
they obeyed his decrees. The laws of the glorious
Athelstane had no effect in Kent, (county,) the
dependent appanage of his crown, until sanctioned
by the Witan of the shire (county court). And the power of
Canute himself, the 'King of all England,' does not
seem to have compelled the Northumbrians to
receive his code, until the reign of the Confessor,
when such acceptance became a part of the compact
upon the accession of a new earl.
Legislation constituted but a small portion of the
ordinary business transacted by the Imperial
Witenagemot. The wisdom of the assembly was
shown in avoiding unnecessary change. Consisting
principally of traditionary usages and ancestorial customs,
the law was upheld by opinion. The people considered
their jurisprudence as a part of their inheritance.
Their privileges and their duties were closely conjoined;
most frequently, the statutes themselves were only
affirmances of ancient customs, or declaratory enactments.
Public-domain text, read in full here on John Shaqi.
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