"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 injunction, 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.
Public-domain text, read in full here on John Shaqi.
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