ntioned articles, are the ground of all the laws that
from time to time have been made by unanimous consent of king and
people. The English government consists in the strict union of the
king's prerogatives with the people's liberties. * * But when kings
arose, as some there were, that aimed at absolute power, by changing
the old, and making new laws, at pleasure; by imposing illegal taxes
on the people; this excellent government being, in a manner,
dissolved by these destructive measures, confusion and civil wars
ensued, which some very wrongfully ascribe to the fickle and restless
temper of the English."--_Rapin's Preface to his History of England._

Hallam says that among the Saxons, "the royal authority was weak."--_2
Middle Ages_, 403.

But although the king himself had so little authority, that it cannot be
supposed for a moment that his laws were regarded as imperative by the
people, it has nevertheless been claimed, in modern times, by some who
seem determined to find or make a precedent for the present legislative
authority of parliament, that his laws were authoritative, _when
assented to_ by the _Witena-gemote_, or assembly of wise men--that is,
the bishops and barons. But this assembly evidently had no legislative
power whatever. The king would occasionally invite the bishops and
barons to meet him for consultation on public affairs, _simply as a
council_, and not as a legislative body. Such as saw fit to attend, did
so. If they were agreed upon what ought to be done, the king would pass
a law accordingly, and the barons and bishops would then return and
inform the people orally what laws had been passed, and use their
influence with them to induce them to conform to the law of the king,
and the recommendation of the council. And the people no doubt were much
more likely to accept a law of the king, if it had been approved by this
council, than if it had not. But it was still only a law of the king,
which they obeyed or disregarded according to their own notions of
expediency. The numbers who usually attended this council were too small
to admit of the supposition that they had any legislative authority
whatever, to impose laws upon the people against their will.

Lingard says:

"It was necessary that the king should obtain the assent of these
(the members of the Witena-gemotes) to all legislative enactments;
_because, without their acquiescence and support, it was impo