From the vaft and gloomy forests of Germany, Hengift and Horfa, attended by their warlike followers, brought into Britain new arts of war, and new inftitutions of civil policy. From the obvious tendency of the Saxon inftitutions to establish public order and private comfort, they found a welcome reception among fuch Britons as were timid and docile; while those who were of a ferocious temper, and fpurned the tyranny of foreign power, fled to the inacceffible mountains of Wales, and there enjoyed their original independence. As far as we are able to difcern the imperfect traces of Saxon cuftoms and establishments, by the dim light of Roman and English history, we are ftruck with their mildnefs, equity, and wifdom. The defcent of the crown was hereditary, the fubordinate magiftrates were elected by the people, capital punishments were rarely inflicted for the first offence, and their lands were bequeathed equally to all the fons, without any regard to primogeniture. In the Wittena Gemote, or affembly of the Wife Men, confifting of the fuperior Clergy and Noblemen, all business for the service of the public was tranfacted, and all laws were paffed. For the origin of this affembly, we must have recourfe to remote antiquity; as fimilar meetings, conftituted indeed in a rude and imperfect manner, were con vened among the ancient Germans from the earliest times. ALFRED, furnamed the Great, derived that illuftrious title from the exercife of every quality, which adorned the scholar, the warrior, the patriot, and the legislator. After chafing the Danish plunderers from his fhores, he directed his attention to the internal regulation of his kingdom. He digefted the difcordant laws of the heptarchy into one confiftent code, adopted a uniform plan of government, and made every one of his fubjects, without regard to rank or fortune, refponsible to his immediate fuperior for his own conduct, and that of his neighbour. For the speedy decifion of all civil and criminal caufes, he established courts of juftice in the various districts, in which complaints arofe. Of all his inftitutions, the most remarkable and the most celebrated was the Trial by Jury, Too much praise cannot be bestowed upon him for exempting his accufed fubjects from the arbitrary fentence of a judge, and leaving the determination of their guilt or innocence to a council of their equals, too numerous to be influenced by For the mode, in which the Wittena-gemote was constituted, fee Brady's Introduction to the History of England, p. 7, 8, &c. For an account of the ancient Germans, the reader is referred to Hume, vol. i. p. 198; Modern Europe, vol. i. p. 58; and Tacitus de Moribus Germanorum, c. 7. < A, D. 872, mercenary 1.. mercenary motives, and whofe unanimity could admit no doubts as to the juftice of their decifions. The precipitate conduct of Harold, in risking his crown upon the iffue of a fingle battle, gave to William of Normandy the kingdom of England, The Conqueror overturned at once the whole fabric of the Saxon laws, and erected the feudal fyftem upon its ruins. A proper acquaintance with this extraordinary inftitution, which was at that time common in all the countries upon the continent of Europe, conduces materially to illuftrate the hiftory of those times, and to explain the ancient tenure of landed property. For a particular account of it we refer to our history of modern Europe. The firft of the Norman tyrants not only broke the line of hereditary fucceffion to the crown of England, but reduced the people to the most abject flavery. The confifcations of the Saxon eftates, and the general diftrefs of their proprietors, plainly indicated his policy and rapacity. All the lands of the natives were either seized for the king, or given to his favourites; large tracts formerly cultivated by the industrious Saxons were abandoned to the original wildness of nature; and even whole coun The detail of his eventful and glorious reign is written with peculiar spirit and elegance by Hume, vol. i. p. 76. • A. D. 1966. B 4 ties ties were converted into forefts and waftes, to afford an unbounded fcope to his paffion for the chase. The severity of the foreft laws fufficiently marks the selfishness of his diverfions, and the cruelty of his temper. The life of an animal was valued at a higher rate than that of a man; and this uncontrolled and deftructive ambition was extended to the fowls of the air, and the beasts of the field. With the Norman language, which was adopted in the services of the Church, as well as in the courts of justice, were introduced the Norman laws. The ancient Trial by Jury was exchanged for the uncertain and unjuft decifion by fingle combat. The extinction of all fires at the melancholy found of the Curfew was a striking emblem of the extinction of liberty. The nation groaned, under every distress that an obdurate and politic conqueror could inflict; and their chains were fo firmly rivetted, as to require a degree of energy and unanimity to break them, which the timid and oppreffed Saxons had not fufficient refolution to exert. In the following reigns of the Norman tyrants the fame hardships were endured with little alleviation. The people ftill continued to have no refource against the execution of the most fanguinary laws. The exorbitant power of the king, and its frequent abuses, at length roufed a spirit of oppofition, which was at once determined and irresistible, But as his feudal demefnes were large, and his influence extended over a great number of vaffals, they : they did not think themfelves fufficiently formidable to oppofe his authority, without fecuring the co-operation of the other poffeffors of land. They therefore held out to the commons the most advantageous inducements, by promifing to ftipulate with the king for a redrefs of all public grievances, and an augmentation of their common privileges. : In Runny Mead the great foundation of English liberty was laid There the reluctant and perfidious John, after having repeatedly difregarded: their former folicitations, was compelled to figu MAGNA CHARTA, and the CHARTA OF THE FOREST. The arm of force and terror, which his triumphant barons held over his head, was strength-` ened by the claims of juftice. It is true indeed, that as they held their eftates by the feudal tenure,'” they were obliged to fubmit to the conditions he impofed, and to obey the mandates of an arbitrary chieftain. But as all the kings from the conqueft had folemnly fworn at their coronation to revive": the laws of Edward the Confeffor, and had uni formly violated their engagements, the barons con A. D. 1215. Carte, vol. i. p. 831. 1 He murdered his nephew Arthur with his own hands. See Carte, vol. i. p. 796. I have heard Mr. Tho. Warton say"You may read Hume for his elegance; but Carte is the hif. torian for facts." My careful perusal of his elaborate work has fully confirmed the truth of this obfervation: and I think him an historian particularly well adapted to the present times of po. litical novelties; as he is an intelligent and zealous advocate for the rights of kings, as well as fubjects; and maintains upon all occafions the honour and dignity of the Church of England.^ |