Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THE original or first institution of parliaments is one of those
matters that lie so far hidden in the dark ages of antiquity, that the
tracing of it out is a thing equally difficult and uncertain. The
word, _parliament_, itself (or _colloquium_, as some of our historians
translate it) is comparatively of modern date, derived from the
French, and signifying the place where they met and conferred
together. It was first applied to general assemblies of the states
under Louis VII in France, about the middle of the twelfth century[a].
But it is certain that, long before the introduction of the Norman
language into England, all matters of importance were debated and
settled in the great councils of the realm. A practice, which seems to
have been universal among the northern nations, particularly the
Germans[b]; and carried by them into all the countries of Europe,
which they overran at the dissolution of the Roman empire. Relics of
which constitution, under various modifications and changes, are still
to be met with in the diets of Poland, Germany, and Sweden, and the
assembly of the estates in France; for what is there now called the
parliament is only the supreme court of justice, composed of judges
and advocates; which neither is in practice, nor is supposed to be in
theory, a general council of the realm.
[Footnote a: Mod. Un. Hist. xxiii. 307.]
[Footnote b: _De minoribus rebus principes consultant, de majoribus
omnes._ Tac. _de mor. Germ._ _c._ 11.]
WITH us in England this general council hath been held immemorially,
under the several names of _michel-synoth_, or great council,
_michel-gemote_ or great meeting, and more frequently _wittena-gemote_
or the meeting of wise men. It was also stiled in Latin, _commune
concilium regni_, _magnum concilium regis_, _curia magna_, _conventus
magnatum vel procerum_, _assisa generalis_, and sometimes _communitas
regni Angliae_[c]. We have instances of it's meeting to order the
affairs of the kingdom, to make new laws, and to amend the old, or, as
Fleta[d] expresses it, "_novis injuriis emersis nova constituere
remedia_," so early as the reign of Ina king of the west Saxons, Offa
king of the Mercians, and Ethelbert king of Kent, in the several
realms of the heptarchy. And, after their union, the mirrour[e]
informs us, that king Alfred ordained for a perpetual usage, that
these councils should meet twice in the year, or oftener, if need be,
to treat of the government of God's people; how they should keep
themselves from sin, should live in quiet, and should receive right.
Our succeeding Saxon and Danish monarchs held frequent councils of
this sort, as appears from their respective codes of laws; the titles
whereof usually speak them to be enacted, either by the king with the
advice of his wittena-gemote, or wise men, as, "_haec sunt instituta,
quae Edgarus rex consilio sapientum suorum instituit_;" or to be
enacted by those sages with the advice of the king, as, "_haec sunt
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