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And now gentlemen, do you so 'lar bond of union they were thus preach to your hearers as they may united, I know of no historian that be good christians, and then I do hath given us any information. not question but they will be good There were seven tribes of Saxons, subjects.

that arrived, in Britain, about the same time under so many different

leaders; but, as they had all the AN ESSAY ON THE ENGLISH CON- same intentions, so far as to estaSTITUTION UNDER THE SAXON blish the same form of government, GOVERNMENT.

I shall consider them, in this re

spect, indiscriminately. ' The first principles of a govern "They first divided the land into ment, that is founded upon the na- small parts, and that divided the intural rights of mankind, is the prin- habitants, upon that land ; and ciple of annual election. Liberty made them a distinct, and separate and election, in this case, are syno- people, from any other. This divinymous terms; for, where there is sion they called a tithing. Here no election, there can be no liberty, they established a government, which and therefore the preservation of was, no doubt, the same as that unthis elective power, in its full ex- der which they lived, in their motent, is the preservation of liberty in ther-country; and, with as little its full extent; and, where that is doubt, we may say, it was the same restrained, in any degree, liberty is which is used, in our corporations, restrained, just in proportion ; and at this day; as will, hereafter, more where that is destroyed, by any fully appear. They had two sorts power in a state whether military or of tithings, one called a town tithing, civil, liberty is also destroyed by and the other a rural tithing. These that power, whether it be lodged in were governed upon the saine, prin. the hands of one man, one hundred, ciples, only thus distinguished; as or one thousand.

one is expressive of a town, having There is a natural difficulty in such a number of inhabitants, as to placing manking in such a situation make a tithing of itself; and the that they may delegate their power other of a tithing situated in the ruto others, without confusion or in- ral part of the kingdom. Thus they convenience to themselves. It is in `went on, as they conquered the counthis point, that we are so much in- try, to divide the land, till they had debted to our Saxon forefathers, for cut out the whole kingdom into titheir plan of government; by which things; and established the same the people of England are so situated form of government in each. as to be able to elect, or delegate In this manner they provided for their power, with the greatest faci- the internal police of the whole lity; and to a degree beyond the country, which they vested in the conception of all nations before them. inhabitants of the respective tithings;

It is reported, by historians, that who annually elected the magistrates our Saxon forefathers had no kings that were to administer justice to in their own country, but lived in them, 'agreeable to the laws, and tribes, or small communities, go- customs, they had brought with verned by laws of their own making, them, from their mother country. and magistrates of their own elect- And this internal police was so exing; and further, that a number of cellent, in its nature, that it hath these communities were united toge had the encomiums of most authors ther for their mutual defence and of our history; who observe, that, protection. But, by what particue in the reign of Alfred, it was in so

great perfection, that, if a golden their military concerns. This union bracelet had been exposed upon the necessarily created a larger division high road, no man durst have of the land, equal to the number of touched it!

tithings that were thus united; and The principal officer of a tithing this they called a wapentake, or wea. was vested with the executive autho- pontake. Here likewise they estarity of the tithing. They had likewise blished a court of council, and a a legislative authority, in every ti- court of law, which last was called thing, which made laws, and regula- a wapentake-court. In the court of tions, for the good government of the council, the chief magistrates, of tithings. Besides these, they had a every tithing, assembled, to elect court of law, whose jurisdiction was the officers of the militia, to their confined within the same limits. All respective command, and regulate which were created by the elective all matters relating to the militia ; power of the people, who were resi: in which every individual tithing dent inhabitants of the tithing; and was concerned. The court of law the right of election was placed, in was to inforce these regulations, every man that paid his shot, and within that jurisdiction. bore his lot. From hence we may Let us now consider the third, and easily perceive, that, under the es- last division, which they made in tablishment of these tithings, by rea- the land. This was composed of a son of their smallness, the natural, certain number of wapentakes, united rights of mankind might very well together; which they called a shire, be preserved in the fullest extent; as or one complete share, or part, into they could delegate their power by which they divided the land. This election, without any confusion, or division completed their system of inconvenience to the inhabitants. internal police; by uniting all the

Having advanced thus far, we tithings, within the shire, into one shall make one observation ; which body, subject to such laws and reis, that all elective power in the peo- gulations as should be made in their , ple at large, after it had established shire-gemots, or shire-parliaments; the executive, and legislative autho- for the benefit and good government rity, in the tithing, for one year, of the shire. and duly vested the officers in the The members that composed the respective departments, then stopped; shiregemot were still the chief offiand proceeded no farther than the cers of the tithings; who always retithings. But the principal officer, presented the tithings in every thing, of each tithing (whom for distinc. in which they were concerned. It tion's sake we shall call mayor) had, was in this shire-gemot, where the afterwards, the whole care of the great officers of the shire, were interest of the people of the tithing, elected to their office; who consevested in himself alone, in every quently were elected, by the imme- ?. matter that respected their connec- diate representatives of the people, tion with the higher orders of the but not by the people at large. This state. For these tithings were the seems to evince what historians obroot from whence - all authority, in serve, that the great officers, of the the higher orders of the state, sprung. shires were elected by their peers.

The first connexion the tithings. What I understand by this is, that had with one another was to form they were elected by men, who were an establishment for the military de- members of the wittena-gemot, or fence of the country. For this end, parliament; and consequently peers, a number of these tithings were or equals, at that day, to any men united togethe, so far as related to in England. There were many ti

tles, that seem to have belonged to beg leave to observe, that the ga their superior orders of men ; but vernment, established for the interthey were only titles of office, and nal police of our American provin. not personal titles of honour. When ces, is founded upon the same printhe office, by which they held their ciples, as that which our Saxop tilles, was abulisbed, from that time forefathers established, for the gothe title vanished with it.

vernment of a shire. And their conAs this division comprehended nection with and duty to the legismany tithings, and many people, so lative authority, of the whole united it had the greatest court of council kingdum is, constitutionally consi. in England, except the high-court dered, the same in each. of parliament; and the chief officer We have already remarked, that was vested with as high a jurisdic- seven tribes of these Saxons arrived, tion, in the shire, as the King in the in Britain, about the same time. kingdom. Ile was vested with the The leaders of these tribes, after they executive authority, and was com- had conquered a small part of the mander in chief of all the militia; country, upon which they settled in short, he was the same, in the their immediate followers, then took shire, as the king was in the king- upon themselves the title of King; dom. They had likewise a court and named the land they conquered of law, called the shire-court; to a kingdom. We shall say nothing which, I make no doubt, every man with regard to the particular geomight appeal, who thought himself graphical dimensions of these kinginjured by the inferior courts, in the doms; it being sufficient, for our shire. These divisions in the land present purpose, to observe, that were the skeleton of the constitution; each of these kingdoms did contain which was animated, and put in mo. a certain number of shires, formed tion, by all these establishments, and regulated as we have stated above.

We may consider cach shirc, as a Let us now see by what mode of complete government; furnished with union these shires became united to both a civil, and a military power, gether into a kingdom. And it will within its own jurisdiction. The bc found, that they pursued the expence, attending each government same principles, which they had of a shire, was merely local, and used in every other establishment. confined to the shire; which was - That is to say, wherever a combined supported by taxes charged upon the interest was concerned, and the peopeople, by the shire-gemot, with the ple at large were affected by it, the assistance of certain lands, appro.' immediate deputies of the people, priated to that purpose; which was who were always the chief officers a clear and distinct thing from a na-, of the tithings for the time being, tional expence, and never brought, to met together to attend to the rethe national account, at all. And, spective interests of their constituindeed, it is the same at this day, ents; and a majority of voices al. though conducted in a different man. ways bound the whole, and deter, ner; for the internal government of mined for any measure, that was this kingdom is no expence to the supposed to operate for the good of state, and is founded upon this equi- the whole combined body. This table principle, that whatever es- meeting of the deputies of the peo• pence concerns only a part, ought ple was called, by the Saxons, the to be paid by that part only; but wittena-gemot, or an asseinbly of what concerns the whole commu- the wise men of the nation; which nity, ought to be paid by the whole composed their national council and communiry. We would here just legislative authority.

Let us suppose, for instance, that proper here to remark the constituent one of these small kingdoms was parts of the parliaments, and the composed of five shires ; then a de rights of election of the people, dur. puty from every tithing, within the ing the heptarchy. First, the refive shires, meeting together, would presentatives of the town-cithings, compose the constituent parts of the or boroughs, were always their chief parliament, of the little kingdom to magistrates for the time being, by which they belonged. This agrees virtue of their office; to which they with what St. Ammon says, in his were annually elected, by cvery man essay on the legislative authority of that was a resident inhabitant of the England, that the judges, or chief town, and that paid his shot and officers of the tithings, represented bore his lot. the tithings, in the Saxon wittena. Secondly, the representatives of gemot, or parliament.

the rural tithings were likewise their We know very well what town- chief magistrates, for the time being, tithings or horoughs are, because by virtue of their office; to which they are now in use, in some re- they were annually elected, by every spects, for the same purpose as for: man that was a resident inhabitant merly; but we are not so well ac- of a rural tithing, and that paid his quainted with the dimensions of the shot and bore his lot. rural tithings, according to their an. Hence it is evident, that the peocient establishment. But it is very ple never delegated their power, to probable, that the division in the their members of parliament, for a land, which we now call the high longer time than one year. Because constable’s division, was the bounds the powers, vested in them, must of of the ancient rural tithings. And course expire with their office; they what makes this the more probable being mayors, or chief magistrates, is, that the high constable, in his in their respective divisions. And division, is a man of a very high au: before such a member was out of thority even at this day; and as his office, as mayor, he was obliged ancient a peace officer as any in the hy law (ex officio) to assemble the kingdom. However, be, that as it people of the town, for the election will, from what has been said we of officers, to serve for the ensuing may conclude, that the constituent year; the principal of whom was parts of the legislative authority, their mayor elect, who, consequently, during the heptarchy, consisted of was their member elect. And, for two bodies of men, which were both the same reason, it was not in the elective; and respectively represented power of the King to continue the the inhabitants of the towns, and same parliament longer than one the inhabitants of the rural parts of year. Thus we see that the constithe kingdom.

tution doubly armed itself, against But as a considerable alteration long parliaments; by confining the was made, in this respect, at the power of the members, within the union of the seven kingdoms into duty of an annual office. one, hy Alfred the Great, it will be

MISCELLANEOUS ARTICLES.

SPEECH OF BONAPARTE TO THE proceeded froin the palace of the LEGISLATIVE BODY. Thuilleries in great state, to be

Paris, June 16. palace of the legislative body. Dis. This day, the 16th, the Emperor charges of artillery announced his

VOL. IX.

departure from the Thuilleries, and “Holland has been united to the his arrival at the palace of the legis. empire; she is but an emanation of lative body.

it--without her, the empire would The Empress, Queen Ilortense, not be complete. Princess Pauline, the Grand Duke “ The principles adopted by the of Wurtzbury, and the Grand Duke English government, not to recog. of Frankfurt, were in one tribune; nize the neutrality of any flag, have the corps deplomatique in another obliged me to possess -myself of the tribune; the bishops convoked for mouths of the Ems, the Weser, and the council, and the mayors and de. the Elbe, and have rendered an inputies of the good cities, summoned terior communication with the Balto be present at the baptism of the tic indispensible to me. It is not my King of Rome, were on benches. territory that I wished to increase,

His Majesty placed himself on but my maritime means. his throne. The King of Westphalia, “America is making efforts to the princes, grand dignitaries, grand cause the freedom of her fiag to be eagles of the legion of honour, occu- recognized I will second her. pied their accustomed places about “I have nothing but praises to his Majesty: Prince Jerome Napoleon give to the Sovereigns of the Con on his right.

federation of the Rhine. After the neir members had been “The union of the Valais had been presented, and taken the oaths, the foresech ever since the act of mediEemperor made the following speech. ation, and considered as necessary Gentlemen Deputies of Depart. to conciliate the interests of Switzer

ments to the Legislative Body, land with the interests of France and “The peace concluded with the Em- Italy, peror of Austria has been since' ce- " The English bring all the pasmented by the happy alliance I have sions into play. . One time they sup contracted: the birth of the King of pose France to have all the designs Rome has fuifilled my wishes, and that could alarm other powers-desatisfies my people with respect to signs which she could have put in the future.

execution if they had entered into “ The affairs of religion have been her policy. At another time they too often mixed in and sacrificed to make an appeal to the pride of na. the interests of a state of the third tions in order to excite their jeaorder. If half Europe have separa lousy. They lay hold of all circumted from the church of Rome, we stances which arise out of the unexmay attribute it specially to the pccted events of the times in wbich contradiction which has never ceased we are--It is war over every part of to exist between the truths and the the Continent that can alone ensure principals of religion which belong their prosperity. I wish for nothing to the whole universe, and the pre- that is not in the treaties I have contensions and interests which regarded cluded. I will never sacrifice the only a very small cornerof Italy. I blond of my people to interests that have put an end to this scandal for are not iminediately the interests of ever. I have united Rome to the my Empire-l flaiter myself that the empire, I have given palaces to the peace of the Continent will not be popes at Rome and at Paris; if they disturbed have at heart the interest of religion, now " The King of Spain has come to they will often sojourn in the centre assist at this last solemnity- | baye of thic affairs of christianity.--It was given him all that was necessary thus that St. Peter preferred Rome to and proper to unite the interests and an abode even in the Holy Land hearts of the different people of his

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