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POWER OF THE EMPERORS.

I do not propose to write the history of these monarchies ; but I shall endeavour to delineate their leading institutions and their social condition. In the first place, however, I shall say a few words on the method of their foundation. We must not suppose that there was, in every instance, a cession or complete abandonment of sovereignty by the Roman empire. The residence of a barbarian chieftain in the country was recognised as a fact. He continued to command his own warriors, but no legal authority was granted him over the old inhabitants. The cities long maintained their connexion with Rome; several of them remained municipalities, and continued to appoint their own magistrates. Several towns in Spain, while the country was under the dominion of the Visigoths, received their civic rulers from Constantinople. The emperors, though daily despoiled of some new territory, nevertheless retained, in almost every quarter, an appearance of empire. Thus we find them conferring on the Frankish kings the titles of Patrician of Gaul, and of Consul. This was their protest against the invasion. In scarcely any case was there a transference of sovereign rights. Societies, when abandoned by their government, either received a new one at the hands of the victor, or endeavoured to create one for themselves.

Among these rising states, I shall first refer to the AngloSaxons; then I shall pass on to the Franks; and, finally, to the Visigoths in Spain. I have selected these three nations, because, among them, the institutions of this period are most distinctly marked. The Anglo-Saxons, especially, were placed in a position most favourable for this rapid and complete development. Not only were they more isolated than other peoples; they were also less disturbed by continual invasions of a formidable character. They soon became sole masters of the country. The Britons were almost exterminated; some of them retired into Cornwall, Wales, and Armorica; the others were dispersed, or reduced to servitude. The Anglo-Saxons, moreover, were less under the influence of the old Roman institutions. Among modern nations, they are the people who, so to speak, have lived most upon their own resources, and given birth to their own civilization. This character is discernible in their whole history, and even in their literature. The Greek and Latin

THE ANGLO-SAXONS.

29

classics have produced but little effect upon them; primitive and national customs have maintained their sway in England, and received an almost unmixed development. Among the Franks and Visigoths, the old Germanic national assemblies were either suspended for a long period, or entirely transformed; among the Anglo-Saxons, they never ceased; year after year, they occurred to perpetuate ancient recollections, and to exert a direct influence upon the government. It was, then, among the Anglo-Saxons, that, from the fifth to the eleventh century, institutions received the most natural and complete development. This fact has induced me to commence our studies with their history.

Let me briefly refer to the events which occurred during the period of the Anglo-Saxon Heptarchy. From 426 to 450, the Britons, left to themselves, struggled as they could against the inhabitants of the north of Scotland. In 449, some Saxons from the banks of the Elbe disembarked upon the island. This descent was neither novel nor unforeseen. It was a fact so ancient, that the Roman emperors had appointed a magistrate comes littoris Saxonici-whose special duty it was to provide for the defence of the coast. It is affirmed, and Hume has repeated the statement, that this Saxon expedition had been summoned by Vortigern, who was then chief of the Britons, to assist him against the Picts and Scots. This appears to me neither natural nor probable; and I find in the chronicler Nennius, a passage which completely disproves the assertion: "Meanwhile," he says, "there arrived from Germany three vessels full of Saxon exiles." They came therefore spontaneously, according to their custom. The Britons, reduced to extremities by their untiring enemies, the Picts and Scots, endeavoured at first to use the Saxons against them. But the new-comers quickly discovered their strength, attempted the conquest of the country which they had promised to defend, and succeeded in their attempt. The Britons resisted, and even displayed somewhat of the energy of their ancestors, under King Arthur and other leaders. A long time elapsed before they were finally subjugated or expelled. During the period from 455 to 582, the Saxons founded the seven or eight kingdoms which composed the Heptarchy, or * Nennius, cap. 31.

*

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REIGN OF KING ALFRED.

the Octarchy, as Mr. Sharon Turner maintains. The kingdom of Kent was the first, founded by Hengist. The others were the kingdoms of Sussex, Wessex, Essex, Northumberland (or Bernicia and Deira), East Anglia, and Mercia. This division continued until the year 800. At that time, Egbert, King of Wessex, attempted to subjugate the other kingdoms, and succeeded in reducing five under his sway; but Northumberland and Mercia continued separate, though subordinate kingdoms, until the end of the ninth century.

It was at this period that the Danes and Normans made their way into England: they long contested the possession of the country with the Saxons; and, at the accession of Alfred, the last new-comers held sway almost all over the land. You are all acquainted with the history of this monarch, the greatest of the kings of England. In the marshes where he had been compelled to seek refuge from the pursuit of his enemies, he formed his plans for the deliverance of his country. Disguised as a harper, he entered the Danish camp for the purpose of learning the amount of their forces; and finally reconquered his kingdom, after a protracted struggle. Restored thus to his throne, Alfred laid the foundation of English institutions, or rather, he reduced them to order, and gave them authority. It is the custom, however, to date their origin from him; and his reign is an era in English legislation. Alfred is a glorious instance of a truth exemplified by Gustavus Vasa and Henry IV. of France in later times, namely, that the greatest princes are those who, though born to the throne, are nevertheless obliged to conquer its possession. To their acknowledged right they thus join ample proof of their merit. They have lived as common individuals in the midst of their people; and have thus become better men and better kings.

After the death of Alfred, the Danes, whose conquests. had been suspended only by the victories of that prince,' gained possession of England. Canute the Great took possession of the throne; but he reigned with moderation, and did not change the laws of the country. This wisdom on the part of the conqueror mitigated the animosity of the vanquished; and the Danes and Saxons agreed so well. * History of the Anglo-Saxons, vol. i. 320.

THE NORMAN CONQUEST.

31

together, that, not long after the death of Canute the Great, the old dynasty re-ascended the throne. Edward the Confessor collected together the old Saxon laws; on this account, he is still respected in England as a national legislator. But the collection of laws which now exists under his name was not made by him; that which he composed has unfortunately been lost.

When

During the reign of Edward the Confessor, a striking exemplification was given of the power of some of the nobles, who were in fact, if not in right, rivals of their monarch. Earl Godwin was so powerful that he, so to speak, allowed Edward to ascend the throne, on condition that he should marry his daughter. At his death, his son Harold succeeded him, and increased his authority. Harold's influence extended all over the kingdom, and he only awaited the king's death to take possession of the crown. Edward died, Harold naturally succeeded to throne. No one in England contested his usurpation. But William the Bastard, Duke of Normandy, one of his distant relations, alleged that Edward had bequeathed the crown to him by will. He crossed the sea to maintain his pretended rights, and, on the 14th of October, 1066, he gave battle to Harold, at Hastings. Harold was left dead on the field. William the Conqueror introduced into England the feudal institutions which were then in full vigour in Normandy. reciprocal relations of persons might have conduced, in England, to the establishment of this system, and had prepared the way for it; but the legal and hierarchical subordination of land had not 74 'aken firm hold in that country. The conquest of William of Normandy disturbed the natural course of the old Anglo-Saxon institutions, and mingled therewith foreign elements which had already been developed, among the Normans, by their position in Gaul, in the midst of Roman cities, and a Roman population. We shall presently see what decisive influence this circumstance exerted over the political development of England.

The

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ANGLO-SAXON INSTITUTIONS.

LECTURE III.

Subject of the lecture.-A knowledge of the state of persons necessary to the proper study of institutions.-Essential difference between antiquity and modern societies, as regards the classification of social conditions. State of persons among the Anglo-Saxons.-Thanes and Ceorls.-Central and local institutions.-Predominance of the latter among the Anglo-Saxons.-Its cause.

IN my preceding lecture, I gave a general outline of the decay of the Roman empire, and of the progress of the barbarian invasions; and I enumerated the principal events in the history of the Anglo-Saxons in England. I now come to their institutions, which form the subject of my present lecture.

When we are about to speak of the institutions of a country at any given period, we must first understand what was the state of persons in that country at that period; for words are very deceptive. History, when speaking of the English nation or the Spanish nation, comprises under that name all the individuals who inhabit the country; but when we examine into the real state of the case, we quickly discover that the facts which history applies to an entire country, actually belong only to a very small section of its inhabitants. It is the work of civilization to raise up, from time to time, a greater number of men to take an active part in the great events which agitate the society of which they are members. As civilization advances, it reaches new classes of individuals, and gives them a place in history. The different conditions of society thus tend, not to confusion, but to arrangement, under different forms and in different degrees, in that superior region of society by which history is made.

The first question to be solved, then, is that of the state of persons; we must precisely understand which are those classes that really figure in history. Then will occur this other question: What are the institutions in accordance