with all due solemnity and splendor, in the active and brilliant ambition. In contemlast two days of his life, and in the twenty-plating these three representatives of the fourth year of his reign.* His death spread eleventh century, we are struck by observgeneral sorrow and consternation. The in- ing how much Alfred united all their good nocence of his life, and the gloomy pros- qualities and escaped their vices. In spite pect of civil wars and foreign rulers, are of all his perfections, he was a reformer as sufficient to remove all doubts of the sin-zealous as Dunstan, a Christian as pious as cerity with which he was lamented. Per- Edward, and a ruler at least as sagacious haps the virtues and vices of the eleventh and vigorous as Canute. century, in their most striking form, and On the day of Edward's interment, the most conspicuous position, cannot be more Saxon chiefs who attended the court at the adequately represented than by Dunstan, festival of Christmas elected and caused to Canute, and Edward. It was a period of be crowned Harold, the son of Godwin, aspiring ecclesiastics and of savage rulers, then under king† of Kent, who since his -tinctured with some rudiments of the father's death had governed the kingdom arts of war and government, where those in the king's name. The only opposition who escaped atrocious crimes were too ig-which he experienced to this hasty and tunorant and base not to embrace superstition multuary election sprang from the mortal instead of religion. Dunstan was a zeal- hatred which raged in his own unnatural ous, and perhaps useful, reformer of reli- family.

gious instruction, of commanding abilities, His brother Tostig was the earliest comof a haughty, stern, and turbulent nature, petitor for the crown. Harold Hardrada, without more personal ambition, perhaps, king of Norway, promised to come to his than is usually blended with public princi-aid. William, duke of Normandy, amused ple, and who, if he were proved guilty of him with hopes of support. He was allowsome pious frauds, might not unreasonably ed by the earl of Flanders to raise troops pray that a part of the burden of such guilt in that country. He landed in Northummight be transferred from him to his age. berland, trusting that the animosity of the Canute was a barbaric conqueror, who Danish Northumbrians against the Saxons ruled his fierce subjects by maxims which would prevail over their remembrance of would have been far more blameworthy in the tyranny which he himself had exera better age than they were in his troublous cised over them. Defeated by earl Morcar, and lawless times. Prudence and modera- who had been chosen on Tostig's expultion, if not humanity, were at length graft- sion, he found a welcome reception from ed on his ferocious energy, and at the last Malcolm king of Scotland, like most other it might be said, perhaps with little exag- English malcontents. Meanwhile Harold, geration, that his vices belonged to the the Norwegian, performed his promise: he age, and his virtues to the man. landed near York with a great force, with Edward was a royal anchorite, who, if he fairer claims on the Danish race than Toshad been a professed recluse, or even a pri- tig, and after an obstinate struggle he devate man, might have been justly thought feated the Saxon army near York. Harold venerable or excusable, according to the might be supposed to be fully occupied in various opinions and prepossessions of those watching on the south-eastern coast the who contemplated his character. But his preparations of another formidable antagoabject superstition deprived a clear con- nist. Dreading, however, the influence of science of the cheerful and courageous the Norwegian over men of his own race, temper which is its natural companion; his he adopted the bold but prudent resolution petty observances distracted his mind from of marching northward to crush one oppothe performance of the most sacred and nent before he encountered another. So momentous duties; his ascetic extrava- little communication or intelligence then gances represent God as an object of slavish existed, that it was easy to take armies by fear, and tend to extinguish the love of surprise; and many poetical incidents were man. His administration was not his own: then probable which in scientific wars are he was the mere instrument of the factions become impossible. When the Saxon forces who for awhile took possession of his per- were seen advancing, Tostig is said to have son, and ruled his feeble mind. If such ex- been asked by his Norwegian ally who amples were frequent, innocence would they were. Tostig answered that he hoped cease to be respectable, and men might be they were his friends; but they might be excused for the too frequent preference of his brother's army. A proposal was sent to Tostig offering him Northumberland if he would withdraw from the field. winter," he answered, "such a message

*In hoc denique rege, linea regum Angliæ defecit, quæ à Cerdicio primo West-Saxonum rege, quingen. tis et septuaginta uno annis, non legitur interrupta,

præter paucos Danos, qui aliquandiu regnaverunt.— Matth. Paris, i.

†Sub-regulus Haroldus.-Sim. Dunelm.

"Last

might have spared much blood: but now both were led to believe that the same laws what do you offer for the king my ally?"- and government which they saw around "Seven feet of ground," replied the Saxon them during the period of their controverofficer. A bloody battle, long of doubtful sy, from the birth of Bacon to the death of issue, ensued. More than once the North-Newton, could have existed in the time of erns, animated by the songs of their king, the first Saxon freebooters. The tories reseemed about to prevail over their ancient presented the Saxon kings not the less as foes; but the king of Norway, conspicuous absolute monarchs, because they acted by by his blue tunic and shining helmet, was the advice of men of sense and weight struck to the ground by a dart which pierc- chosen by themselves; and these writers ed his throat. Life and peace were again treated all the privileges of the people as proffered to Tostig; but he would listen to either usurpations or concessions, chiefly no terms: he was mortally wounded, and obtained from weak princes. The Whigs, the flower of the Norwegian army was de- with no less deviation from truth, endeavstroyed. The Saxon king facilitated the ored to prove that the modern constitution retreat of the Scandinavian leaders, that he of king, lords, and commons, subsisted in might be undisturbed by them in the ardu- the earliest times, and was then more pure ous struggle which he immediately expect- and flourishing than in any succeeding age. ed. This battle is mentioned by our ancient No one at that time was taught, by a wide writers as memorable for the dreadful survey of society, that governments are not slaughter which distinguished it: they did framed after a model, but that all their not observe its political importance as the parts and powers grow out of occasional final issue of the long struggle between acts, prompted by some urgent expediency, the Saxons and Scandinavians for the sove- or some private interest, which in the reignty of England. This great victory was course of time coalesce and harden into gained on the twenty-fifth of September, usage; and that this bundle of usages is 1066. On the twenty-eighth of the same the object of respect and the guide of conmonth William, duke of Normandy, landed duct, long before it is embodied, defined, at Pevensey, on the coast of Sussex. The and enforced in written laws. Government short remainder of the reign and life of may be, in some degree, reduced to system, Harold will be best related as an incident but it cannot flow from it. It is not like a in the story of William's expedition.

machine, or a building, which may be constructed entirely, and according to a pre

Let us now pause, to take a short view vious plan, by the art and labor of man. It of the institutions of the Anglo-Saxons, be- is better illustrated by comparison with fore we proceed to relate the success of vegetables, or even animals, which may be, the invasion which introduced another in a very high degree, improved by skill system. and care, which may be grievously injured

The antiquarians of the seventeenth cen- by neglect or destroyed by violence, but tury investigated the state of our ancient which cannot be produced by human conconstitution industriously, and often learn- trivance. A government can, indeed, be no edly, but aided by little critical estimate of more than a mere draught or scheme of authorities, and guided by no philosophical rule, when it is not composed of habits of spirit. The greater number of these praise- obedience on the part of the people, and of worthy collectors, who began their labors an habitual exercise of certain portions of at the period of the contest carried on in authority by the individuals or bodies who that century between the house of Stuart constitute the sovereign power. These haband the people of England, adapted their its, like all others, can only be formed by representation of our ancient laws to the repeated acts; they cannot be suddenly inpart which they took in the momentous fused by the lawgiver, nor can they immecontroversy of their own age. The contest diately follow the most perfect conviction was decided by the Revolution of 1688, but of their propriety. Many causes having the mistaken opinions of the contending more power over the human mind than parties survived the determination. In two written law, it is extremely difficult, from fundamental errors only did the Whig and the mere perusal of a written scheme of the Tory antiquaries concur. They both government, to foretell what it will prove held that the Saxon government was a in action. There may be governments so well-ordered system, and that the right of bad that it is justifiable to destroy them, the people to liberty depended on the en- and to trust to the probability that a better joyment of it by their forefathers. Both government will grow in their stead. But treated the terms which denote political as the rise of a worse is also possible, so and legal institutions as retaining an un- terrible a peril is never to be incurred exalterable signification through all the cept in the case of a tyranny which it is changes of six hundred years; and hence impossible to reform. It may be necessary

to burn a forest containing much useful His influence in peace fluctuated with his timber, but giving shelter to beasts of prey, personal character. In the progress of who are formidable to an infant colony in usage his power became more fixed and its neighborhood, and of too vast an extent more limited. But every act from which to be gradually and safely thinned by their this usage sprung, must have been prior to nadequate labor. It is fit, however, that law, of which it is more the office to record they should be apprized, before they take than to bestow such powers. It would be an irreparable step, how little it is possible very unreasonable to suppose that the northto foresee whether the earth, stripped of its ern Germans who had conquered England vegetation, shall become an unprofitable had so far changed their characteristic habdesert or a pestilential marsh. its from the age of Tacitus that the victors If these be truths applicable to all men, became slaves, and that their generals were they are more obviously evident in the case converted into tyrants. It is, accordingly, of barbarians, where it would be peculiarly certain that all these princes governed with absurd to expect a lawgiver of foresight the advice and consent of national assemenough to provide for all emergencies, or a blies, of which constituent parts it is diffipeople so reasonable as to forego all their cult to determine with certainty, but which most inveterate habits of thinking, of feel- may be safely pronounced to be of an iring, and of acting, for the sake of making regularly popular composition. This asa fair experiment on a new system of laws sembly was called Witenagemote, a meetand government. ing of wise or knowing men. It is acknow

The Saxon chiefs, who were called ledged that it contained the prelates, earls, kings,* originally acquired power by the and many thanes, the principal proprietors same natural causes which have gradually, of the kingdom. Its consent is recited in and everywhere, raised a few men above the preambles of the Saxon laws as necestheir fellows. They were, doubtless, more sary to their validity; indeed the repetition experienced, more skilful, more brave, or of the same terms for centuries, as descripmore beautiful, than those who followed tive of its members, is a proof of the stathem. Their children' might derive some bility and legality of their power. The ausuperiority from the example and instruc- thority of a barbarous chief needs the suption of the parents, and some part of the port of inferior chiefs, and of their influrespect which they commanded might over-ence over the multitude; for without it flow on their more distant progeny. The laws and legal commands would be more Anglo-Saxon kings were regarded as the likely to be scorned than executed. Undescendants of Odin,-the offspring of the doubtedly there is no trace among the Angods; and when, after their conversion, glo-Saxons either of representative comthis pedigree ceased to be sacred, it con- moners, or of a peerage like the modern. tinued to be illustrious. The extinction of Not only the prelates and aldermen or all the Odinian race, except in Wessex, earls, but a great, though unascertainable, somewhat contributed to the greatness of part of the thanes, the inferior nobility, or, the house of Cerdic; and the total absence in modern language, the gentry, were of this pretension may have, in some de- members of the witenagemote. A freeman, gree, conduced to the feeble resistance op- not noble, was raised to the rank of a thane posed to the Normans by Harold. A king by acquiring a certain portion of land, by was powerful in war by the lustre of arms, making three voyages at sea, or by receivand the obvious necessity of obedience. ing holy orders. Now, if all considerable holders of land (the only wealth then * Adelung, the excellent German lexicographer, approves of the derivation of this word in its small known) had a right to sit in this assembly, variations from konnen to be "able," which corre- and if all freemen might become members sponds to our verb "can." It originates in power of this open aristocracy by various and easy as ingenious: one from kind, a child, with ing or ig, means, the association of such a body with a patronymic termination, meaning a child of the the king in making laws, and their extenroyal family, to whom the choice was limited; an

or command. He mentions two other derivations

other from hund or chund, which in some old dia- sive share in the disposal of the crown lects is used for a hundred, which would derive the itself, sufficiently justify us in affirming Teutonic king from the centeni or hundredors men- that the Anglo-Saxons possessed the rudi

tioned by Tacitus as chosen in each pagus or gau.

The first seems to be the most natural and satisfac-ments of a free and popular government. tory etymology. Thre, the Swedish glossarist, sup- It is true, that all who had seats by ancient poses the root of can, as well as of all the rest, to be "kennen," to know, the earliest source of au- use did not, in later times, continue to atthority. According to his account there were kings tend. After the subordination of the other in the smallest subdivisions of the Scandinavian

territory. I wish to be understood, when I speak kingdoms to Wessex, and the rise of a sinof the derivation, as merely expressing my opinion, gle witenagemote for the whole country, it that two or more words are of the same family,

without deciding which of them was most early used.

† Dis Geniti.

The uniform language of the laws and chroni cles supersedes the necessity of any citation of authority.

was scarcely possible for the poor, or the of semi-servile, would propose a third class distant, to be present. As the privilege had of inhabitants formed of subdivisions at difbeen conferred by no law, disuse gradually ferent distances from the two extremes, but abrogated what usage had established. The neither absolutely equal to freemen, nor repreambles of the laws speak of the infinite duced to the unhappy level of slaves. At number of the liegemen* who attended, as the head of the intermediate class, if not in only applauding the measures of the assem- the lowest order of freemen, stood the Saxon bly. But this applause was neither so un- villains, or villagers: the dispute concernimportant to the success of the measures, ing them is, perhaps, a question more renor so precisely distinguished from a share specting the propriety of language than in legislation, as those who read history their actual condition. The mere attachwith a modern eye might imagine. It ap- ment to the soil may be joined to so many pears that under Athelstan expedients were privileges, that freedom may be more deresorted to, to obtain a consent to the law scriptive of their state than servitude. The from great bodies of the people in their dis- cottars or bordars, and many of the other tricts, which their numbers rendered im- subdivisions mentioned in Domesday Book, possible in a national assembly. That mon- probably held inferior stations in the class, arch appears to have sent commissioners to who were neither freemen nor slaves. hold shire gemotes or county meetings, The mere slaves, called servi in the Latin where they proclaimed the laws made by text of Domesday Book, were known in the king and his counsellors, which being Anglo-Saxon by the various names of acknowledged and sworn to at these folk-"theow, esne, and thrael." Their lives motes, became, by their assent, completely were professedly protected by law, and binding on the whole nation. It must never they actually acquired property, for they be forgotten, in considering these subjects, appear often to have purchased their own that only acts of power against law are manumission. The sale of slaves to the properly usurpations. Acts of power before continent of Europe and to Ireland was at law cannot be called by the name of usurpa- last prohibited. This.prohibition must have tions, without representing the prerogatives disposed masters more to manumission, and of kings, the privileges of parliaments, and tended to prevent the crime of enslaving the rights of the people, alike as usurpa- freemen. In the preamble of the laws of tions, which would strip the term of all Alfred, we find a large extract from Moses, meaning. Wherever there is a doubt con- which, immediately after the Ten Comcerning the extent of the powers exercised mandments, prohibits the retention of a by these great assemblies, we must throw Hebrew in slavery for more than six years. into their scale the weighty consideration, For "Hebrew" Alfred substitutes "Christhat the king, instead of fear or jealousy of tian," a change of which it is not easy to them, felt a constant desire to strengthen conceive the reason, unless he intended by every important act of his government by it to apply that Mosaic prohibition and practheir concurrence. tice to his own subjects. If from its place

The grand division of the inhabitants of in the preamble it loses its character as a England was into freemen and slaves. But law (a mode of reasoning too technical for there were many bodies of men named in the time of Alfred), it is, at all events, a the Saxon laws, and in Domesday Book, legislative declaration of the injustice of whom it is somewhat difficult to arrange in perpetual bondage. In fact, manumissions either class: they are, the bordars, cottars, appear in the latter part of the Saxon times &c. It is the singular opinion of a most to have been accounted acts of piety and ingenious person that the ceorlest were humanity, to be earnestly recommended by slaves. A profound investigator of Saxon the church, and to be very frequently reantiquity, with much more likelihood, be- sorted to by dying penitents. lieves that the villains of the Saxons were To determine the numbers of each of not, as in latter times, slaves, but cultiva- these divisions of the people, and the whole tors of the soil; an opinion which had long amount of the population at the close of the ago been embraced by Mr. Burke.‡ To Saxon period, is a problem which we have avoid an unsatisfactory determination in a not the means of solving, notwithstanding work of which the limits preclude discus- the uncommon assistance which we derive sion, we may, perhaps, be excused for a from the great survey of the kingdom made modest compromise, which, under the name by William the Norman. It is true that Domesday Book has not yet been critically examined for that purpose. But it may be doubted whether, if it were, all our difficulties would disappear. Of the thirty-four

*"Infinita fidelium multitudo:"

liegemen to the Dane," Shakspeare; who, with the sanction of Spenser, in prose as well as verse, may warrant the revival of this convenient word.

† Churl.

It is also the opinion of a well-informed lawyer: Heywood's Ranks among the Ang. Sax. 292-294.

§ "Thrall."

counties examined by Mr. Turner,* four each of which weighed one hundred and have no persons called slaves; and two of twelve such grains, each shilling being these are the extensive counties of York equal to five Saxon pence, and a thrymsa and Lincoln: while the proportion of slaves to three such pence. As the Anglo-Saxon to the body of the intermediate class, con- pound troy was equivalent to forty-eight taining villains, bordars, and cottars, was in shillings, while the same quantity is at presNottingham as one to a hundred and fifty, ent coined into sixty-six, the silver in the in Derby as one to a hundred and thirty-more ancient shillings surpasses that in the nine, in Somerset about one to six, and in modern by about one fourth; more exactly, Devon nearly one to four. Such an ex- it may be stated that a Saxon shilling contreme inequality seems to indicate that this tained one hundred and twelve grains of class of men had various names in different silver, and our present shilling eighty-seven counties, or that different sets of commis- grains. As, however, these denominations sioners employed in the survey varied from of coin might originally not have been of each other in their language. But, on the the same weight in all the Saxon principalwhole, if this examination be exact, it is ities, and as we know that their princes reevident that the class which was subject to sorted to the thriftless expedient of debasing the most complete thraldom was small in money, it is perhaps impossible to reconcile comparison with those who enjoyed supe- all the parts of the Saxon law which relate rior privileges, whether these last be called to coin. For instance, while in Wessex, freemen or not. As far as an average may which, as the predominant kingdom, has be risked with materials so defective, and, here been chosen, the pound was equal to perhaps, discordant, it should seem that forty-eight shillings, the same quantity of throughout England the class considered silver was, in Mercia, the equivalent of sixhere as strictly slaves were not above one ty shillings; so that the Mercian shilling out of every seven of the higher laborious was four pennies, when the West Saxon classes of villains, cottars, and bordars.† shilling was five pennies. With this cauThe population of England, according to tion, another mode of describing the Were Mr. Turner's tables, after the desolation of of all freemen below the alderman or earl the northern counties by the Normans, was may be stated. Twy-hinds or ceorls, whose about 1,700,000 souls. If we were to throw were was two hundred shillings; twelfour intermediate class among slaves, the hinds or thanes, whose were was twelve number of freemen would be reduced below hundred shillings; and six-hunds, an unall probability. On the other hand, as long ascertained class, corresponding, probably, as it is allowed that the villains, cottars, to the Ingenui of some continental codes, and bordars were bound by their tenures to whose were was six hundred shillings. § serve their masters in agriculture, there is It is still more difficult to compare the no improbability in the small number of power over commodities and labor possessed those reduced to the lowest slavery. by certain quantities of silver at that time,

The distribution of the Anglo-Saxons with the like command in our age. But into these several classes affords a consid- neither of these tasks is incumbent on us. erable insight into the spirit of their insti- To approximate to the comparative value tutions. The punishments were commonly of different coins in the Saxon period is pecuniary; and in the case of murder, the sufficient for our purpose, which is chiefly amount, which was partly levied by the to show the political character of penal state as a penalty, and partly granted to the legislation among the Saxons. That the family of the parties as a satisfaction for murder of the king should be atoned for by their loss, was proportioned to the rank of a larger fine than that of a subject, a fine the murdered man. not four times greater than on the murder

The Were paid for killing the king was of the governor of a county, is a symptom thirty thousand thrymsas; that for a prince of a temper more disorderly than slavish, one half; that of an alderman or earl, and and, to use the words of the great monarcha bishop, eight thousand; that of a thane ical historian, "a sensible proof of the subtwo thousand; and of a ceorl two hundred ordination of the king to the community."|| and sixty. It may be shortly stated that the Saxon pound of silver weighed five thousand four hundred grains troy weight,Servi, alii casu, alii geniturâ liberi, alii tuyand contained forty-eight Saxon shillings,

Hen. Hist. Great Brit. iv. 246, &c.

hindi, alii sixhindii, alii twelfthindi tuyhuns, cujus

wera est cc. sol. Twelfthind. est homo plene nobilis

et thaimus, cujus wera est duodecies c. sol."

The Anglo-Saxon government inspired the philosopher with those noble feelings of liberty which exalt his style above its general beauty. At the Teutonic invasion," says he, "Europe, as from a new epoch, rekindled her ancient spirit; and if that part of the globe maintain sentiments of liberty, honor, equity, and valor, superior to the rest of man