The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
Such then was the nature of a Teutonic parliament as Tacitus had learnt
that it existed in his time; nor is there the least doubt that he has
described it most truly. And such were all the popular meetings of later
periods, whether shiremoots, markmoots, or the great _placita_ of
kingdoms, folkmoots in the most extended sense of the term. Such, at
least in theory, and to a great extent in practice, were the meetings of
the Franks under the Merwingian kings, and even under the Carolings. It
will not be uninteresting or without advantage to compare with this
account the description which Hincmar, archbishop of Rheims, gives of
the institution as recognised and organized by Charlemagne, a prince by
nature not over well disposed to popular freedom, and by circumstances
placed in a situation to be very dangerous to it[475].
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Footnote 475:
What follows is abstracted from Hincmar, Epistola de ordine Palatii,
as cited and commented upon by Dönniges, p. 74, etc.
-----
Charlemagne held Reichstage or Parliaments twice a year, in May and
again in the autumn, for the general arrangement of the public business.
The earlier of these was attended by the principal officers of state,
the ministers as we should call them, both lay and clerical, the
administrators of the public affairs in the provinces, and other persons
engaged in the business of government. These, who are comprehended under
the titles of Maiores, Seniores, Optimates, may possibly have had the
real conduct of the deliberations; but there is no doubt that the
freemen were also present, first because the general armed muster or
Hereban took place at the same time,—the well-known Campus Madius or
Champ de Mai,—and partly because we know that all new capitularies added
to the existing law were subjected to their approval[476]. We may
therefore conclude that they were still possessed of a share in the
business of legislation, although it may have only amounted to a right
of accepting or rejecting the propositions of others. The king had his
particular curia, court or council, the members of which were chosen
(“eligebantur”), though how or by whom we know not, from the laity and
the clergy: probably both the king and the people had their share in the
election. The Seniores, according to Hincmar, were called “propter
consilium ordinandum,” to lead the business; the Minores, “propter idem
consilium suscipiendum,” to accept the same; but also “interdum pariter
tractandum,” sometimes to take a part also in the discussions, “and to
confirm them, not indeed by any inherent power of their own, but by the
moral influence of their judgment and opinion.”
-----
Footnote 476:
“Ut populus interrogetur de capitulis quae in lege noviter addita
sunt. Et postquam omnes consenserint, subscriptiones suas in ipsis
capitulis faciant.” Pertz, iii. 115, § 19.
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