The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(48) I have described the powers of the Witan, as I understand them
and as they were understood by Mr. Kemble, at vol. i. p. 108 of the
History of the Norman Conquest and in some of the Appendices to that
volume. With regard to the powers of the Witan, I find no difference
between my own views and those of Professor Stubbs in the Introductory
Sketch to his Select Charters (p. 11), where the relations between
the King and the Witan, and the general character of our ancient
constitution, are set forth with wonderful power and clearness. But I
find Mr. Stubbs and myself differing altogether as to the constitution
of the Witenagemót. I look upon it as an Assembly of the whole kingdom,
after the type of the smaller assemblies of the shire and other lesser
divisions. Mr. Stubbs fully admits the popular character of the smaller
assemblies, but denies any such character to the national gathering. It
is dangerous to set oneself up against the greatest master of English
constitutional history, but I must ask the reader to weigh what I say
in note Q in the Appendix to my first volume.
(49) I have collected some of the instances of deposition in
Northumberland in the note following that on the constitution of the
Witenagemót. (Norman Conquest, i. 593.) It is not at all unlikely that
the report of George and Theophylact quoted above may have a special
reference to the frequent changes among the Northumbrian Kings.
(50) I have mentioned all the instances at vol. i. p. 105 of the Norman
Conquest: Sigeberht, Æthelred, Harthacnut, Edward the Second, Richard
the Second, James the Second. It is remarkable that nearly all are
the second of their respective names; for, besides Æthelred, Edward,
Richard, and James, Harthacnut might fairly be called Cnut the Second.
(51) Tacitus, De Moribus Germaniæ, 13, 14:—“Nec rubor inter comites
adspici. Gradus quinetiam et ipse comitatus habet, judicio ejus quem
sectantur; magnaque et comitum æmulatio quibus primus apud Principem
suum locus; et Principum cui plurimi et acerrimi comites.... Quum
ventum in aciem, turpe Principi virtute vinci, turpe comitatui virtutem
Principis non adæquare. Jam vero infame in omnem vitam ac probrosum,
superstitem Principi suo ex acie recessisse. Illum defendere, tueri,
sua quoque fortia facta gloriæ ejus adsignare, præcipuum sacramentum
est. Principes pro victoria pugnant; comites pro Principe.” See Allen,
Royal Prerogative, 142.
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