d was the supreme lord of the Northumbrians, but more than
a century elapsed before they obeyed his decrees. The laws of the
glorious Athelstane had no effect in Kent, (county,) the dependent
appanage of his crown, until sanctioned by the _Witan_ of the _shire_
(county court). And the power of Canute himself, the 'King of all
England,' does not seem to have compelled the Northumbrians to receive
his code, until the reign of the Confessor, when such acceptance became
a part of the compact upon the accession of a new earl.

Legislation constituted but a small portion of the ordinary business
transacted by the Imperial Witenagemot. The wisdom of the assembly was
shown in avoiding unnecessary change. _Consisting principally of
traditionary usages and ancestorial customs, the law was upheld by
opinion. The people considered their jurisprudence as a part of their
inheritance._ Their privileges and their duties were closely conjoined;
_most frequently, the statutes themselves were only affirmances of
ancient customs, or declaratory enactments_. In the Anglo-Saxon
commonwealth, therefore, the legislative functions of the Witenagemot
were of far less importance than the other branches of its authority. *
* The members of the Witenagemot were the 'Pares Curiae' (Peers of Court)
of the kingdom. How far, on these occasions, their opinion or their
equity controlled the power of the crown, cannot be ascertained. But the
form of inserting their names in the _'Testing Clause_' was retained
under the Anglo-Norman reigns; and the sovereign, who submitted his
Charter to the judgment of the _Proceres_, professed to be guided by the
opinion which they gave. As the '_Pares_' of the empire, the Witenagemot
decided the disputes between the great vassals of the crown. * * The
jurisdiction exercised in the Parliament of Edward I., when the barony
of a _Lord-Marcher_ became the subject of litigation, is entirely
analogous to the proceedings thus adopted by the great council of
Edward, the son of Alfred, the Anglo-Saxon king.

In this assembly, the king, the prelates, the dukes, the ealdormen, and
the optimates passed judgment upon all great offenders. * *

_The sovereign could not compel the obedience of the different nations
composing the Anglo-Saxon empire._ Hence, it became more necessary for
him to _conciliate their opinions_, if he solicited any service from a
vassal prince or a vassal state beyond the ordinary terms of the
compact; still