Hallam says that among the Saxons, "the royal authority was
weak." 2 Middle Ages, 403.
But although the king himself had so little authority, that it
cannot be supposed for a moment that his laws were regarded as
imperative by the people, it has nevertheless been claimed, in
modern times, by some who seem determined to find or make a
precedent for the present legislative authority of parliament,
that his laws were authoritative, when assented to by the Witena
- gemote, or assembly of wise men that is, the bishops and
barons. But this assembly evidently had no legislative power ,
whatever. The king would occasionally invite the bishops and
barons to meet him for consultation on public affairs, simply as
a council, and not as a legislative body. Such as saw fit to
attend, did so. If they were agreed upon what ought to be done,
the king would pass a law accordingly, and the barons and bishops
would then return and inform the people orally what laws had been
passed, and use their influence with them to induce them to
conform to the law of the king, and the recommendation of the
council. ' And the people no doubt were much more likely to
accept a law of the king, if it had been approved by this
council, than if it had not. But it was still only a law of the
king, which they obeyed or disregarded according to their own
notions of expediency. The numbers who usually attended this
council were too small to admit of the supposition that they had
any legislative authority whatever, to impose laws upon the
people against their will.
Lingard says:
"It was necessary that the king should obtain the assent of these
(the members o the Witena-gemotes) to all legislative enactments;
because, without their acquiescence and support, it was
impossible to carry them into execution. To many charters (laws)
we have the signatures of the Witan. They seldom exceed thirty in
number; they never amount to sixty." 1 Lingard; 486.
It is ridiculous to suppose that the assent of such an assembly
gave any authority to the laws of the king, or had any influence
in securing obedience to them, otherwise than by way of
persuasion. If this body had had any real legislative authority,
such as is accorded to legislative bodies of the present day,
they would have made themselves at once the most conspicuous
portion of the government, and would have left behind them
abundant evidence of their power, instead of the evidence simply
of their assent to a few laws passed by the king.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account