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ugh the destination of a prince may often be followed in appointing his successor, they can as little be regarded as wholly testamentary. The states by their suffrage may sometimes establish a sovereign; but they more frequently recognize the person whom they find established: a few great men take the lead; the people, overawed and influenced, acquiesce in the government; and the reigning prince, provided he be of the royal family, passes undisputedly for the legal sovereign. It is confessed that our knowledge of the Anglo-Saxon history and antiquities is too imperfect to afford us means of determining with certainty all the prerogatives of the crown and privileges of the people, or of giving an exact delineation of that government. It is probable, also, that the constitution might be somewhat different hi the different kingdoms of the Heptarchy, and that it changed considerably during the course of six centuries, which elapsed from the first invasion of the Saxons till the Norman conquest.[*] But most of these differences and changes, with their causes and effects, are unknown to us; it only appears that, at all times and in all the kingdoms, there was a national council, called a wittenagemot, or assembly of the wise men, (for that is the import of the term,) whose consent was requisite for enacting laws, and for ratifying the chief acts of public administration. [* We know of one change, not inconsiderable, in the Saxon constitution. The Saxon Annals (p. 49) inform us, that it was, in early times, the prerogative of the king to name the dukes, earls, aldermen, and sheriffs of the counties. Asser, a contemporary writer, informs us that Alfred deposed all the ignorant aldermen, and appointed men of more capacity in their place: yet the laws of Edward the Confessor (sect. 35) say expressly that the heretoghs, or dukes, and the sheriffs were chosen by the freeholders in the folk-mote, a county court, which was assembled once a year, and where all the freeholders swore allegiance to the king.] The preambles to all the laws of Ethelbert, Ina, Alfred, Edward the Elder, Athelstan, Edmond, Edgar, Ethelred, and Edward the Confessor; even those to the laws of Canute though a kind of conqueror, put this matter beyond controversy, and carry proofs every where of a limited and legal government. But who were the constituent members of this wittenagemot has not been
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