Alfred the Great and Edward the Confeffor

are particularly celebrated, reigned for about two hundred years: but, though our knowledge of the principal events of this early period of the English History is in some degree exact, yet we have but vague and uncertain accounts of the Government which thofe Nations introduced.

It appears to have had little more affinity with the present Constitution, than the general relation, common indeed to all the Governments established by the Northern Nations, that of having a King and a Body of Nobility; and the ancient Saxon Government is "left us “in story (to use the expreffions of Sir Wil"liam Temple on the fubject) but like fo

many antique, broken, or defaced pictures, "which may still represent something of the "customs and fashions of thofe ages, though

little of the true lines, proportions, or " resemblance." (a)

It is at the era of the Conqueft, that we are to look for the real foundation of the Eng

(a) See his Introduction to the History of England.

lish Conftitution.

From that period, fay's

Spelman, novus feclorum nafcitur ordo; (a) William of Normandy, having defeated Harold, and made himself master of the Crown, fubverted the ancient fabric of the Saxon Legiflation: he exterminated, exterminated, or expelled, the

(a) See Spelman, Of Parliaments.-It has been a favourite thefis with many Writers, to pretend that the Saxon Government was, at the time of the Conqueft, by no means fubverted; that William of Normandy legally acceded to the Throne, and confequently to the engagements, of the Saxon Kings; and much argument has in particular been employed with regard to the word Conquest, which, it was faid, in the feudal fenfe only meant acquifition. Thefe opinions have been particularly infifted upon in times of popular oppofition; and indeed there was a far greater probability of success, in raising among the People the notions familiar to them of legal claims and precedents, than in arguing with them, from the no lefs rational, but lefs determinate, and fomewhat dangerous doctrines, concerning the original rights of Mankind, and the lawfulness of at all times oppofing force to an oppreffive Govern

ment.

But if we confider, that the effence of a Government lies in the particular mode in which the public power (whatever may be its foundation, whether public opinion, or actual force) is diftributed in a State; and that a total alteration in this refpect was introduced into England by the Conqueft, we shall not fcruple to allow that a new government was introduced. Nay, as almoft the whole landed property in the Kingdom was at that time transferred to other hands, a new Syftem of criminal Justice introduced,

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former occupiers of lands, in order to distribute their poffeffions among his followers; and established the feudal fyftem of Government, as better adapted to his fituation, and indeed the only one of which he poffeffed a competent idea.

and even the language of the law altered, the revolution may be said to have been such as is not perhaps to be paralleled in the Hiftory of any other Country.

Some Saxon laws, favourable to the liberty of the people, were indeed again established under the fucceffors of William; but modes of proceeding and particular laws are appendages, and not properly parts, of a Government; and when those laws were afterwards revived, or, to speak more exactly, adopted from the Saxon legislation, this was effected through a concurrence of circumstances peculiar to the Anglo-Norman Conftitution. Satisfied, however, with the two authorities I have quoted above, I fhall not dwell any longer on a difcuffion concerning the precife identity, or real difference, of two Governments, that is of two ideal systems, which, after all, only exist in the conceptions of Men. Nor do I wish to explode a doctrine, which, in the opinion of fome perfons, giving an additional fanction and dignity to the English Government, contributes to increase their love and refpect for it. It will be fufficient for my purpose, if the Reader fhall be pleased to grant that a material change was, at the time of the Conquest, effected in the Government then exifting; and is, in confequence, difpofed to admit the proofs that will presently be laid before him, of fuch change having paved the way for the establishment of the prefent English Constitution.

This fort of Government prevailed also in almost all the other parts of Europe. But, instead of being established by dint of arms and all at once, as in England, it had only been formed on the Continent, and particularly in France, through a long feries of flow fuc-. ceffive events; a difference of circumftances. this, from which confequences were in time to arise, as important as they were at first difficult to be foreseen.

The German Nations who paffed the Rhine to conquer Gaul, were in a great degree independent. Their Princes had no other title to their power, but their own valour and the free election of the People; and as thefe had acquired in their forests but contracted notions of fovereign authority, they followed a Chief, lefs in quality of Subjects, than as companions in conqueft.

Befides, this conqueft was not the irruption of a foreign army which only takes poffeffion of fortified towns; it was the general invafion of a whole People, in search of new habitations. And as the number of the Conquerors bore a great proportion to that of

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the conquered, who were at the fame time enervated by long peace, the expedition was no fooner compleated than all danger was at an end; and, of course, their union alfo. After dividing among themselves what lands they thought proper to occupy, they separated; and though their tenure was at first precarious, yet, in this particular, they depended not on the King, but on the general affembly of the Nation. (a)

Under the Kings of the first race, the fiefs, by the mutual connivance of the Leaders, at firft were annual; afterwards, held for life. Under the defcendants of Charlemain, they became hereditary: (b) and when, at length, Hugh Capet effected his own election to the prejudice of Charles of Lorrain, intending to render the Crown, which in fact was a fief;

(a) The fiefs were originally called, terræ jure beneficii conceffae; and it was not till under Charles le Gros the term fief began to be in ufe.See Beneficium Gloff. de Du Cange.

(b) Apud Francos vero, fenfim pedetentimque, jure hæreditario ad hæredes fubinde tranfierunt feuda; quod lahente fæculo mono incipit. See Feudum-Du Cange.