ed the tyranny of foreign power, fled to the inaccessible mountains of Wales, and there enjoyed their original independence.

As far as we are able to discern the imperfect traces of Saxon customs and establishments, by the dim light of Roman and English history, we are struck with their mildness, equity, and wisdom. The descent of the crown was hereditary, the subordinate magistrates were elected by the people, capital punishments were rarely inflicted for the first offence, and their lands were bequeathed equally to all the sons, without any regard to primogeniture. In the Wittena Gemote, or assembly of the Wise men, consisting of the superior Clergy and Noblemen, all business for the service of the public was transacted, and all laws were passed. For the origin of this assembly, we must have recourse to remote antiquity; as similar meetings, constituted, indeed, in a rude and imperfect manner, were convened among the ancient Germans from the earliest times.*

ALFRED, surnamed the Great, derived that illustrious title from the exercise of every quality, which adorned the scholar, the warrior, the patriot, and the legislator. After chasing the Danish plunderers from his shores, he directed his attention to the internal regulation of his kingdom. A. D. 872. He digested the discordant laws of the heptarchy into one consistent code, adopted a uniform plan of government,

*For the mode in which the Wittena-gemote was constituted see 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.

and made every one of his subjects, without regard to rank or fortune, responsible to his immediate superior for his own conduct, and that of his neighbour. For the speedy decision of all civil and criminal causes, he established courts of justice in the various districts, in which complaints arose. Of all his institutions, the most remarkable and the most celebrated was the Trial by Jury. Too much praise cannot be bestowed upon him for exempting his accused subjects from the arbitrary sentence of a judge, and leaving the determination of their guilt or innocence to a council of their equals, too numerous to be influenced by mercenary motives, and whose unanimity could admit no doubts as to the justice of their decisions.*

The precipitate conduct of Harold, in risking his crown upon the issue of a single battle, gave to William of Normandy the Kingdom of England. A. D. 1066. The Conqueror overturned at once the whole fabric of the Saxon laws, and erected the feudal system upon its ruins,

A proper acquaintance with this extraordinary institution, which was at that time common in all the countries upon the continent of Europe, conduces materially to illustrate the history 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 first of the Norman tyrants not only broke the line of hereditary succession to the crown of England, but reduced the people to the most abject slavery. The confiscations of the Saxon estates, and the general

* The detail of his eventful and glorious reign is written with peculiar spirit and elegance by Hume, vol. i, p. 76.

distress 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 counties were converted into forests and wastes, to afford an unbounded scope to his passion for the chase.

The severity of the forest laws sufficiently marks the selfishness of his diversions, 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 destructive 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 unjust decision by single combat. The extinction of all fires at the melancholy sound 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 so firmly rivetted, as to require a degree of energy and unanimity to break them, which the timid and oppressed Saxons had not sufficient resolution to exert,

In the following reigns of the Norman tyrants the same hardships were endured with little alleviation. The people still continued to have no resource against the execution of the most sanguinary laws. The exorbitant power of the king, and its frequent abuses, at length roused a spirit of opposition, which was at once determined and irresistible. But as his feudal demesnes were large, and his influence extended over a

great number of vassals, they did not think themselves sufficiently formidable to oppose his authority, without securing the co-operation of the other possessors of land. They therefore held out to the commons the most advantageous inducements, by promising to stipulate with the king for a redress of all public grievances, and an augmentation of their common privileges.

In Runny Mead the great foundation of English liberty was laid. A. D. 1215. Carte, vol. i, p. 831. There the reluctant and perfidious John, after having repeatedly disregarded their former solicitations, was compelled to sign MAGNA CHARTA, and the CHARTA OF THE FOREST. The arm of force and terror, which his triumphant barons held over his head, was strengthened by the claims of justice. It is true, indeed, that as they held their estates by the feudal te'nure, they were obliged to submit to the conditions he imposed, and to obey the mandates of an arbitrary chieftain. But as all the kings from the conquest had solemnly sworn at their coronation to revive the laws of Edward the confessor, and had uniformly violated their engagements, the barons conceived themselves justifiable, when their partizans and adherents were süffi

* 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 historian for facts." My careful perusal of his elaborate work has fully confirmed the truth of this observation : and I think him an historian particularly well adapted to the present times of political novelties; as he is an intelligent and zealous advocate for the rights of kings, as well as subjects; and maintains upon all occasions the honour and dignity of the Church of England.

ciently strong and numerous, in demanding from John, by the power of the sword, the full execution of his promise.

The abject and servile state of the people previous to this auspicious event is sufficiently evident, from considering the immunities granted by Magna Charta, and the Charter of the Forest. The barons vindicated more of their rights than merely consisted in the abolition of their own hardships and grievances. Firm in their engagements to the commons, who enlisted under their standard, they obtained for them the participation of many of their own privileges. They were equally exempted from unreasonable fines, or illegal distresses, for service due to the crown; and acquired the privilege of disposing of their property by will. The provisions of Magna Charta enjoined an uniformity of weights and measures, gave new encouragements to commerce, by the protection of foreign merchants; prohibited all delay in the administration of justice; established annual circuits of judges; confirmed the liberties of all cities and districts; and protected every freeholder in the full enjoyment of his life, liberty, and property; unless they were pronounced by his peers to be forfeited to the laws of his country.*

Nullus liber homo capiatur, vel imprisonetur, vel disseisietur de libero tenemento suo, vel libertatibus, vel liberis consuetudinibus suis; aut utlagetur, aut exulet, aut aliquo modo destruetur. Nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terræ. Nulli vendemus, nulli negabimus, aut differemus judicium, vel rectum." Magna Charta cap. 29.