The expressions employed by all ancient historians in mentioning the wittenagemot, seem to contradict the latter supposition. The members are almost always called the “principes, satrapæ, optimates, magnates, proceres;” terms which seem to suppose an aristocracy, and to exclude the commons. The boroughs also, from the low state of commerce, were so small and so poor, and the inhabitants lived in such dependence on the great men,[****] that it seems nowise probable they would be admitted as a part of the national councils. The commons are well known to have had no share in the governments established by the Franks, Burgundians, and other northern nations; and we may conclude that the Saxons, who remained longer barbarous and uncivilized than those tribes, would never think of conferring such an extraordinary privilege on trade and industry.
[* Sometimes abbesses were admitted; at least they often sign the king’s charters or grants. Spelm. Gloss. in verbo Parliamentum.]
[*** See note G, at the end of the volume.]
[**** Brady’s Treatise of English Boroughs, p. 3, 4, 5, etc.]
The military profession alone was honorable among all those conquerors: the warriors subsisted by their possessions in land: they became considerable by their influence over their vassals, retainers, tenants, and slaves: and it requires strong proof to convince us that they would admit any of a rank so much inferior as the burgesses, to share with them in the legislative authority. Tacitus indeed affirms that, among the ancient Germans, the consent of all the members of the community was required in every important deliberation; but he speaks not of representatives; and this ancient practice, mentioned by the Roman historian, could only have place in small tribes, where every citizen might without inconvenience be assembled upon any extraordinary emergency. After principalities became extensive, after the difference of property had formed distinctions more important than those which arose from personal strength and valor, we may conclude that the national assemblies must have been more limited in their number, and composed only of the more considerable citizens.
But, though we must exclude the burgesses or commons from the Saxon wittenagemot, there is some necessity for supposing that this assembly consisted of other members than the prelates, abbots, alderman, and the judges or privy council. For as all these, excepting some of the ecclesiastics,[*] were anciently appointed by the king, had there been no other legislative authority, the royal power had been, in a great measure, absolute, contrary to the tenor of all the historians, and to the practice of all the northern nations.
