sentation, immemorial. Authentic history can assign to it no limit. It is in this way that the privilege is mentioned by our most venerable writers. When our ancient Littleton mentions burghs, he describes them as the most ancient towns of England, and as possessed of this privilege of representation, without any remark that this great right was a novelty, or at that time of modern origin. His words are: "The ancient towns called burghs are the most ancient cities that are in England; for those towns that are called cities were burghs in ancient times, and were called burghs. For of such ancient cities, called burghs, come the burgesses to parliament, when the king has summoned his parliament." It appears to me, that our venerable judge, when he wrote this passage, considered the custom of sending burgesses as ancient as the burghs themselves.j The ancient words of the writ to the sheriffs, cited by Lord Coke, correspond with the preceding view of the subject. They do not order him to return burgesses from this or that particular burgh, to which the king or parliament had at some late period granted a right; but they direct him to send from every burgh in his county two burgesses; every burgh, as if it had been the common public right of all burghs, and not a special privilege granted to any in particular. The language of the oldest writ yet found, 23 Ed. I., is precisely the same. In the same manner our ancient lawyer Bracton speaks generally of the English laws, as having been made by the three estates of king, lords, and commons. It must be observed that he is not here speaking of new laws, but of the ancient law of the kingdom. "It will not be absurd to call the English laws by the name of laws, although not written, since whatever shall have been justly defined and approved by the council and consent of the magnates, and the common assent of the republic, the authority of the king or prince preceding has the vigour of law."m Here our unwritten common law is derived from the concurring authority of the king, the great, and the common assent of the republic. This third branch of authority is evidently that which arose from the popular representation. Ina, in his introduction to his laws, mentions distinctly the three orders of the nation as assisting and concurring in their formation. 66 My bishops and all ealdormen, and the eldest witan of my people, and a great collection of God's servants."" Here the nobles, the people, and the clergy, are distinctly recog nised. i Littleton, Ten. lib. ii. s. 164. * Coke on Littl. p. 109. 1 "De qualibet civitate ejusdem comitatus, duos cives, et de quolibet burgo, duos burgenses." Brady, p. 54. Bracton, c. i. p. 1. n Wilk. Leg. Sax. p. 14. That in addition to the clergy and greater nobles, there were other members of the witena-gemot; that thegns or ministri," and milites, or a rank in the community called afterwards knights, were among these other members; and that there were other persons there, who were neither clergy, nobles, knights, thegns nor ministri, and who, being mentioned without designation, in an age when all were so tenacious of their rank, may be reasonably considered to have been of an inferior order, are facts proved by the expressions used in many Anglo-Saxon charters, and by the signatures to them. A charter of Ethelbald, in 736, is signed by the king, two bishops, two comites, a dux, an abbas, and by six persons without any note of their quality.P A charter of Ethelred, expressed to be made "with the consent and license of my optimates and other fideles," is signed by the king, two archbishops, six bishops, four duces, six abbots, ten ministri, and by two without any title.a A charter of Ethelwulph is signed by the king, archbishop, two duces, and by twenty-three without a title. It is endorsed by two abbots, seven presbyters, six deacons, and by three without a title." A charter of Sigered, expressed to be made "with the advice and consent of my principes," is signed by the king, archbishop, two abbots, one presbyter, one comes, and by four without a title. A charter of Ceolwulf is signed by the king, archbishop, two bishops, a subregulus, ten duces, three abbots, two presbyters, and by five without a title. A charter of Offa is signed by the king, queen, one archbishop, three bishops, five abbots, two principes, one dux, one prefect, and by eight without a title." Another of Offa's has two without a title. A charter of Cenwulf, made "with the advice and consent of my optimates," is signed by the king, queen, archbishop, four bishops, five duces, and by one without a title." A charter of Berthtwulf, mentioned to be made before the king and proceres, and that the optimates adjudged, and that the king before his archontes did it, is signed by the king, queen, four bishops, one abbot, eight duces, and by six without a title.* A charter of Edward, the son of Alfred, made “with the testimony of the bishops, and princes, and some senators subject to them,” is signed by the king, the ruler of Mercia and his lady, three bishops, two duces, two ministri, and by one without a title.s A charter of Burghred, made "with the advice and license of all my proceres," is signed by the king, queen, four bishops, ten duces, and by ten without a title.z A charter of Edward, in 908, is signed by the king, archbishop, four bishops king's brother and two sons, five duces, four presbyters, eighteen ministri, and by three without a title.a A charter of Edward the Confessor to the Abbey of Westminster, is signed • The Saxon word used to express minister is thegn. In Henry the First's time thegn is mentioned as if analogous to baron. For a legal offence the fine of a comes was ten mancæ: thanii vel borones quinque. Wilk. Leg. 250. P MSS. Cott. Ang. A. 2. q Ibid. Dugdale, Mon. Ang. p. 29. ▾ Heming. Chart. p. 18. t MSS. Aug. A. 2. r Ibid. * Ibid. p. 28. Another of Berthtwulf is signed by seven without a title, p. 224. y Ibid. 65. P. z Ibid. P. 87. a Dugd. Mon. p. 37. by the king, queen, two archbishops, eight bishops, seven abbots, the chancellor, four duces, six ministri, and by four without a title. A charter of Edgar is signed by the king, two archbishops, three bishops, three abbots, four duces, four ministri, and by fifteen others without a title. A charter of Cnut is signed by the king, queen, two archbishops, six bishops, seven duces, seven milites, seven abbots, and by five without a title ; and this is expressed to be made with the advice and decree of the archbishops, bishops, abbots, earls, and of my other fidelium.* A charter of Edgar in 973, besides the king, two archbishops, three bishops, three abbots, four duces, and four disc-thegns, has twenty-one without a title among the according persons.f In a charter of Edward the Confessor, the consenting persons are the king, two archbishops, three bishops, the chancellor, a notary, five abbots, four duces, a chamberlain, a staliere, and two without a title. From these instances it is manifest that there were members of the witena-gemot who were distinguished by no rank or title of honour, like the duces, earls, thegns, or ministri, and milites, and who had no other dignity than that of being part of the gemot, and therefore signed the charters without any designation of peculiar quality. These untitled persons suit the situation of those who were sent by the cities and burghs. Such would be but plain citizens and burgesses, who had no rank in the state by which they could be designated. That thegns, or ministri, and milites, were always members of the witena-gemot, will be sufficiently manifested by the following instances, as well as by some of those already adduced. It will be hereafter shown, in considering the dignity of thegns, or thanes, that the superior thanes, also called king's thegns, had under them inferior thegns, who were named medeme, or middling thegns. As Domesday-book mentions thanes holding land, with their milites under them, who were also landed proprietors, we may presume that the Saxon term of the middling thanes, was first used to mark those who are in Domesday called their milites, especially as Alfred translated the milites of Bede by the word thegn. But the term cniht was also coming into use before the Conquest for the same class; and afterwards the word knights was their established English denomination, as milites was the Latin one. That the Saxons had a dignity and class of persons analogous to the Norman knight has already been proved: one authority will be hercafter noticed which applies the word drenc to this celebrated class of our population. b Dugd. Mon. p. 62. • Dugd. Mon. p. 288. c Ibid. p. 66. a MSS. Aug. A. 2. f Ibid. p. 244. "His testibus concordantibus." Dugd. Mon. p. 238. In a charter granted by Wihtred, it is stated that it was confirmed in 716, in the synod held at Cloveshoe, by the authority of those whose names follow. It is signed by the archbishop, thirteen bishops, ten presbyters, one deacon, two abbots, two prepositi, one earl, and twenty others who have no titles. Astle's Charters, MS. No. 2. In 1018 is a charter of Cnut signed by prelates and duces, and also by a prepositus, two ministri, and by four others with no quality annexed. Ast. Ch. MSS. No. 31. It has been already intimated that Saxon superior thegns were classed as the Norman barons, and it is probable that the secondary or middling thegns were similar to the Norman knights. But although milites were in the Anglo-Saxon witena-gemot, as well as thegns, yet, as all the milites, or secondary thegns, were too numerous to be there, the inference seems indisputable that those who were present did not come with any personal right of being members, but were sent as the elected representatives of others, either of their own class, or of all the freeholders in the county whom they preceded in rank. The following examples will add more information on these subjects: A charter of Ceolulf, in 803, is signed by the king, archbishop, two bishops, three duces, one presbyter, and by thirteen milites.h One of Ethelstan has the names of the king, archbishop, eight bishops, four duces and twenty marked mis and mi, which may either mean miles or minister.i One of Cnut, stated to be "with these witnesses consenting," and "under the testimony of the optimates," is signed by the king, queen, two archbishops, nine bishops, four duces, eight abbots, and four milites.i One of Ethelstan has the king, archbishop, five bishops, three duces, and seven ministri.* Eadwig's charters exhibit to us, in one, the king, his brother, archbishop, two bishops, five duces, and eight ministri; in the other, besides the clergy, six duces and six persons marked m.1 m Besides one of Edgar's, signed by sixteen m, and another by twenty-six mis, there is another, expressed to be "confirmed at London by the common council of his optimates," which is signed by four ministri." In 958, a charter of Edgar's made "with the advice of my optimates," adds, "these witnesses consenting, whose names follow according to the dignity of each." The names are, the king's, two archbishops, six bishops, the king's avia, a former queen, three abbots, seven duces, and sixty ministri.° A charter of Wulfere, in 664, made "with the accompanying kings, fathers, and duces, is signed by the king, by three other kings of the octarchy, his brother, and two sisters, archbishop, four bishops, two presbyters, one abbot, 'three principes, and five ministri ;" and it is added, "by the rest of the opti mates and ministri of the king."P Edmund's charter, in 942, is signed by eleven milites; another in 941, by fourteen ministri. So one of Edred's has nine ministri ;" another, marked as with the consent "heroicorum virorum," has also nine ministri. One of Ethelstan's is signed by eleven ministri." One of Cnut, “with the advice of twenty ministri, among others." Of Ethelred's charters, one contains fifteen ministri among the concurring persons; another is made with the advice of forty-three ministri, among Dug. Mon. 17. One of the Archipirata. This was a sea-king. Dug. Mon. p. 103. P Ibid. p. 66. a Ibid. p. 287. " Hem. Chart. p. 12. Ibid. 214. So another in 940, has twenty-three ministri. Aug. A. 2. t Dugd. Mon. 215. Dugd. 276. Another of his is signed by twenty-six ministri, ibid. p. 229. ▾ Dugd. p. 258. others; another, in 1006, among the "sapientes," or wise men, places twentyone ministri ; and also ten ministri in 1001.z On so important a subject it may be proper to adduce a few more examples: A charter of Edgar, in 970, gives strong evidence on this subject: it is signed by the king, two archbishops, eleven bishops, the queen, eleven abbots, nine duces, and twenty-six milites, or knights; and there are added these words, "With many others of all the dignities and primates of my kingdom.” It is obvious from this document that the witena-gemot consisted not only of the prelates, abbots, and nobles, but of knights and many others, who are called dignitates et primates.b Another charter of Edgar is signed by the king, one archbishop, twelve bishops, twelve abbots, six duces, and twenty-eight milites, or knights. One of Cnut is signed by the king, queen, two archbishops, eleven bishops, eight abbots, three earls, five milites, and five others called satraps. That this was part of the witena-gemot is manifest, because one of the Comites expresses, in addition to his signature, that it was the decretum sapientum, the decree of the wise men. d The Saxon Chronicle obviously alludes to the members and assembly of the witena-gemot when it mentions that William the Conqueror wore his crown every year, in Easter, at Winchester; on Whitsuntide, at Westminster; and in mid-winter at Gloucester; and then were with him all the rice men over all England; archbishops, bishops, abbots, and earls, thegns, and cnihtas. It is not at all probable that thegns and knights would have been part of the Conqueror's parliament if they had not been constituent parts of the national council before his invasion. That the thegn, or minister, was also sometimes a miles, I infer from observing that one of Edgar's charters is signed by eight with the designation of miles, some of whose names I recognise in other charters of the same king, where they are denoted as ministri. That thegn is sometimes translated minister, many charters and Saxon documents show; but there is one that has come down to us which actually distinguishes the ministri from the nobiles: it is signed by the king, the archbishop, four bishops, six duces, one abbot, three nobiles, and nine ministri." That the witena-gemot contained some who had lands, and some who had none, and therefore did not sit in that assembly by virtue of their baronies, or landed property, may be justly inferred from an important charter of Kenulf, king of Mercia, in the year 811. * Dugd. p. 261. y Ibid. 270. z Ibid. 217. So fifteen ministri sign another, p. 218. * Compare the charters in Dugdale, p. 211, with those in p. 141, and 103. b Gale's Script. vol. iii. p. 517. d Ibid. p. 523. Compare the charters in Dugd. Mon. p. 211, c Ibid. p. 520. e Sax. Chron. p. 190. with those in p. 141, and 103. h Dugd. Mon. p. 230. |