148 On the ORIGIN and STRUCTURE of 



jftance which well explains why, on a vacancy of the throne, 

 after a fucceflbr was named by the palatines, it was always 

 efleemed neceflary to aflemble a folemn diet, in order to have 

 their appointment confirmed, and the right of the new king re- 

 cognized by die nation. 



IF we turn our refearches more homeward, we {hall find, 

 that every thing, in the like manner, indicates, that the legifla- 

 ture was a national aflembly. 



THE very places of meeting, in die open air, and in great 

 plains afford reafon to fuppofe, diat the diets of the Anglo- 

 faxons were very popular alTemblies j and all the expreffions of 

 hiflorians, in mentioning them, likewife eftablifh that fuch was 

 the fact *. Even after die conqueft, the Englifh diets were ftill 

 at times very numerous. In an affembly under WILLIAM RUFUS, 

 A. D. 1 094, almofl all the nobility of England are faid to have 

 been prefent f ; and it appears, that, befides them and the dig- 

 nified clergy, a great crowd of both clergy and laity attended ; 

 and diat a miles, unus de multitudine, made a fpeech, encou- 

 raging Archbifhop ANSELM in the conduct he was purfuing:}:. 

 Accordingly, even the laws of the Conqueror bear to have been 

 enacted, " Per commune concilium totius regni |[." And the 



ancient 



* THE council, or diet, in which EDGAR was to be abfolved from penance, in 

 A. D. 973, is defcribed thus : " Adunatis epifcopis, abbatibus, et cseteris principibus, 

 " cum tola regni ingenuitate, coram eis adftante irmumera populi multitudine." The 

 council of A.D. 697, afiembled at Berghamlted, enafted fundry laws, or canons, which bear 

 that they were decreed by the clergy ; " Viris utique militaribus et communi omnium 

 " confenfu." Earl GODWIN purged himfelf of the murder of the king's brother AL- 

 FRED, " coram rege et univerfa gente." Saxon Citron. 1052. MATTHEW of Wefttnin- 

 iter fays, " Maxima pars regni, tarn clericorum quam laicorum, in unum congregati 

 " pari confeufu KNUTONEM in regem elegerunt." The Saxon Chronicle relates, that, 

 on HAROLD'S death, " Populus univerfus elegit EDWARDUM in regem." 



J- EADMEB.US calls it fimply, " totius regni adunatio." P. 39. 

 $ Ibid. p. 3.6. 



THE election of the dignified clergy was anciently in parliament } and I fee a re- 

 cord in Madox, where STEPHEN, in veiling the bilhop of Bath with the temporalities of 



his 



