's Treatise of English Boroughs, p. 3,
4, 5, etc.]

The military profession alone was honorable among all those conquerors:
the warriors subsisted by their possessions in land: they became
considerable by their influence over their vassals, retainers, tenants,
and slaves: and it requires strong proof to convince us that they would
admit any of a rank so much inferior as the burgesses, to share with
them in the legislative authority. Tacitus indeed affirms that, among
the ancient Germans, the consent of all the members of the community
was required in every important deliberation; but he speaks not of
representatives; and this ancient practice, mentioned by the Roman
historian, could only have place in small tribes, where every citizen
might without inconvenience be assembled upon any extraordinary
emergency. After principalities became extensive, after the difference
of property had formed distinctions more important than those which
arose from personal strength and valor, we may conclude that the
national assemblies must have been more limited in their number, and
composed only of the more considerable citizens.

But, though we must exclude the burgesses or commons from the Saxon
wittenagemot, there is some necessity for supposing that this assembly
consisted of other members than the prelates, abbots, alderman, and
the judges or privy council. For as all these, excepting some of the
ecclesiastics,[*] were anciently appointed by the king, had there been
no other legislative authority, the royal power had been, in a great
measure, absolute, contrary to the tenor of all the historians, and to
the practice of all the northern nations.

[* There is some reason to think that the bishops
were sometimes chosen by the wittenagemot, and confirmed by
the king. Eddius, cap. 2. The abbots in the monasteries of
royal foundation were anciently named by the king; though
Edgar gave the monks the election, and only reserved to
himself the ratification. This destination was afterwards
frequently violated, and the abbots as well as bishops were
afterwards all appointed by the king, as we learn from
Ingulf, a writer contemporary to the conquest.]

We may, therefore, conclude that the more considerable proprietors of
land were, without any election, constituent members of the national
assembly: there is reason to think that forty hides, or between four
and five thousand acres, was the