Thorpe, i. 216. Æðelstán complains on another occasion that the oaths and _weds_ which had been given _to the king and his witan_ were all broken: “quia iuramenta et vadia, quae regi et sapientibus data fuerunt, semper infracta sunt et minus observata quam Deo et saeculo conveniant.” Æðelst. iii. § 3. Thorpe, i. 218. Again: Æðelstán the king makes known, that I have learned that our peace is worse kept than is pleasing to me, or as was ordained at Greatley; and my witan say that I have borne with it too long.... Because the oaths, and weds, and _borhs_ are all disregarded and broken which on that occasion were given, etc. Æðelst. iv. § 1. Thorpe, i. 220. ----- It is plain from the preceding passage that the witan gave their _wed_ to observe, and cause to be observed, the laws they had enacted[583]. Eádgár says, “I command my geréfan, upon my friendship, and by all they possess, to punish every one that will not perform this, and who by any neglect shall break the _wed_ of my witan.” This seems to imply that the people were generally bound by the acts of the witan, and their pledge or _wed_; and if it were so, it would naturally involve the theory of representation. But this deduction will not stand. ----- Footnote 583: Conc. Wihtbordes stán. Eádg. Supp. § 1. Thorpe, i. 272. ----- The whole principle of Teutonic legislation is, and always was, that the law is made by the constitution of the king, and the consent of the people[584]: and we have seen one way in which that consent was obtained, viz. by sending the _capitula_ down into the provinces or shires, and taking the _wed_ in the shiremoot. The passage in the text seems to presuppose an interchange of oaths and pledges between the king and witan themselves; and even those who had no standing of their own in the folcmót or scírgemót, were required to be bound by _personal_ consent. The lord was just as much commanded to take oath and pledge of his several dependents (the hired men, _familiares_, or people of his household), as the sheriff was required to take them of the free shire-thanes[585]. Of course this excludes all idea of representation in our modern sense of the word, because with us, promulgation by the Parliament is sufficient, and the constituent is bound without any further ceremony by the act of him whom he has sent in his own place. But the Teutons certainly did not elect their representatives as we elect ours, with full power to judge, decide for, and bind us, and therefore it was right and necessary that the laws when made should be duly ratified and accepted by all the people. ----- Footnote 584: “Lex consensu populi fit, et constitutione regis.” Edict. Pistense. an. 864. Pertz, iii. 490, § 6. Footnote 585: Æðelst. v. § 11. Thorpe, i. 240. -----