The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-15

: In which were considered oil matters involvin
Z the general good. As tho work OF consollda
, tion advanced the magnates OF the connuore
= Kingdoms became entitled TO seats in tn
wltan OF Wessex, which finally became tn
D great council OF the empire. 1t does not np
3 pear, however, that In the attendance of thes
magnates the principle Of representation wa
formally recognized, although Prof Freeman
has brought forward some reasons for bellev
ing that for long time every freeman re
: tanned the abstract right to be present in tn,
national assembly. In the hundreds anC
shires. however. the principle OF representa-
ton, as we shall see, survived. and thence wa:
transferred to the lower branch OF Parliament
when knights OF the shire and burGesses were
admitted. The usual composition OF the wtar
during the century and half before the Nor
man conquest is exempllned in that hold al
Winchester in 934 when there were present
besides tho King and four Welsh princes, two
archbishops. seventeen bishops. four abbots
twelve ealdormen. and fifteen thames In every
act OF legislation the right OF the witan to nd
wise and consent was invariably recognized in
Saxon times. and this meeting also possessed
the right to consider many of the Kings acts
which would now be considered purely execu-
tive. That finally the inherent power OF the
wtan was In the last resort greater than that
OF the King is demonstrated by the fact nrevi-
ously noticed that it could not only elect but
depose the King.
We come now to the crucial question, In what
form the witan outlved the Norman conquest
and to what extent and for how long a period 1t
! was superseded by the c,rid regis. or permanent
council Of the Norman kings. The process OF
transformation is traced by Mr.. Taylor in pages
239-243 for the Norman. and in pages $50 seq.
for the Angevin period. 1t Ia first to be noted
that through Williams policy OF connscatlon
| IL. ali A.
passed from English into Norman hands. The
thames and ealdormen Of the Saxon kings be-
came the Norman Kings tenants in chief.
Through the feudalzing process the national
assembly OF wise men was gradually convert
ed into the Kings assembly OF feudal vassals
But although the magnates were now
Normans instead OF English. the con-
tinuity Of the old national assembly
went on unbroken. The name witar goes on
in English as long as the Saxon chronicle con-
tinues, and the Latin name. nlagnum concilum.
which superseded it, was simply a translation
OF NIGEL 0enlOt After. as before, the conquest
the wltan on ordinary occasions was conf
paratively small gathering OF great men. which
at extraordinary junctures was reinforced by
large popular bodies from all parts Of the king
dom. In legal theory at least what the witan
was in the days Of Edward the Confessor. it re-
manned In the days OF William. The early his
tory OF the c,uid regis is more obscure. but
scholars substantially agree that it was what
In modern language would be called standing
committee Of the witan or great council.
This inner and lesser council. COM
posed of the great officers OF the State
and household, and OF other advisers
specially summoned by the royal authority.
seems to have been mainly occupied from the |
beginning with the transaction of fiscal and |
judicial business. Legislation was in theory
reserved to the King acting In concert with the
witan or great council. Passing to Angevin
times we note that the system OF central ad-
ministration embodied in the national council
and curia regis has attained under Henry II.
and his sons greater def1niteness OF organi-
cation. The ctIrta or inner council has deyel-
oped into strong judicial and ministerial
body before which passes in review the whole
fiscal and judicial business Of the king
dom. The financial aspect. however. OF the
cuTid is overshadowed by the judicial by
1176 its judicial staff had increased to
eighteen justices apportioned among the six
circuits into which the kingdom was then d.
vided. On the other hand the composition OF
the wttan or national council, which was now
summoned at regular intervals. was that Of a
perfect feudal court-an assembly OF archbish-
DPS. bishops. abbots. priors, earls. barons,
Knights. and freeholders. The constituent
members are the same as under the Norman
Kings. but greater prominence and moro def
lite position are now assigned to the minor
The writs OF summons were
" two kinds: first such as were addressed to
he great person8ges. who were convoked as a
natter OF course: and secondly such collec-
i've writs as were directed to the sheriff of a
hire requiring him to summon the lessor
landowners IN body. In this way the dlstinc-
ion between lords and commons began. The
ddressing OF summons to the lesser land
wners. as we'll as to the magnates, which
Gems to have been common under Henry H.,
7as made obligatory by the great charter OBJ ,
aimed from John. The Significance of the :
hanges introduced In the witan during the
NO centuries following the conquest is ,
ummed up In q few sentences quoted by Mr. Z
aylor from Prof. Freeman: "A great council ,
Henry ii. undoubtedly differed widely from r
witenagemote OF the Confessor. and a Parlia-
tent OF Edward l. differed yet more widely I
ON great council OF Henry II. But there is '
o break between any OF the three. The con- q
tuition OF the assembly Is changed first by :
ractice then by direct ordinance; but the as +
'mbly itself is the same At no time was one =
ind OF assembly formally abolished and an =
.her kind OF assembly formally put In its n
cad"
We have reached the point where we should L
ark the steps by which the principle OF par s
lmentary representation was applied to shires v
Id boroughs. In November. 1918. King John Il
lied great council at Oxford to which the
leriiis were directed to summon besides the "
med force OF the Knights four discreet men o
ON each shire to share lin the kings deep j
eech touching the affairs OF his kingdom to II
rm in short, the first representative parlIa- >
ent." But. as Bishop Stubps has pointed out "
o contemporary historians do not tell us u
neither this assembly was actually hold To +
Q Parliament OF 1854, convened by regents In CT
Q absence OF Henry ILL., the chosen knights a
om the shires were summoned for the first u
ne since the reign OF John. Knights Of the W
ire appeared again In the Parliaments Of II
81 and 1864. and In tho famous Parlla- II
ant OF 1868 representatives were for the first "
ne summoned from cities and towns How b
presentation was brought about Is explained '
Mr.. Taylor on pages 4lG. All. 1t should be G
rne in mind that the provision OF the Great Il
arter granted by John as to the summons OF Il