The laws of the glorious
Athelstane had no effect in Kent, (county,) the
dependent appanage of his crown, until sanctioned
by the Witan of the shire (county court). And the power of
Canute himself, the 'King of all England,' does not
seem to have compelled the Northumbrians to
receive his code, until the reign of the Confessor,
when such acceptance became a part of the compact
upon the accession of a new earl.
Legislation constituted but a small portion of the
ordinary business transacted by the Imperial
Witenagemot. The wisdom of the assembly was
shown in avoiding unnecessary change. Consisting
principally of traditionary usages and ancestorial customs,
the law was upheld by opinion. The people considered
their jurisprudence as a part of their inheritance.
Their privileges and their duties were closely conjoined;
most frequently, the statutes themselves were only
affirmances of ancient customs, or declaratory enactments.
In the Anglo-Saxon commonwealth, therefore, the
legislative functions of the Witenagemot were of far
less importance than the other branches of its authority.
Pages:
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259