201 A HISTORY and DEFENCE O F MAGNA CHARTA. CONTAINING A COPY OF THE ORIGINAL CHARTER at large, WITH A N ENGLISH TRANSLATION; KING JOHN, With its PRESERVATION and FINAL ESTABLISH- WITH ΑΝ INTRODUCTORY DISCOURSE, Containing a fhort Account of the Rife and Progrefs of National BILL OF RIGHTS, &c. To which is added, AN ESSAY ON PARLIAMENTS, ORIGIN IN ENGLAND, LONDON. Printed for J. BELL, (Succeffor to Mr. BATHOE) at M.DCC.LXIX, Koninkliski le's Häge. DISCOURSE, HOUGH it is very difficult to trace the firft rudiments of the TH policy and laws eftablished in England, yet we have the greatest reason to believe, that the natives, even in the earlieft ages, were divided into small commu nities, in which a kind of democracy had the afcendant. CÆSAR, on his invafion of this island, feems to confirm this opinion in feveral paffages of his commentaries, and exprefsly tells us, "The chief command " and administration of the war was, by "the common council, beftowed on CAS"SIVELAN." In emerging from a state of rudeness and fimplicity, men generally act from that spirit of independance to which they have been accustomed. It is propable, therefore, that the old inhabitants had no monarch; but, upon any extraordinary occafion, occafion, fummoned a national meeting and chofe a chief from among thofe who were the most distinguished for their abilities. AFTER the Romans had withdrawn their protection, and the Britons were exposed to the infults of the Picts and Scots, they invited over the Anglo-Saxons; who soon after became their tyrants, and formed seven Saxon kingdoms upon the ruins of the conquered country. In confequence of this, the antient inhabitants were exterminated, or forced to feek an asylum in the inacceffible mountains. Their laws, manners, and language were abolished, and those of the Saxons were established in their ftead. To the characters of conquerors these people were ambitious to add that of legislators: and there is very good reafon to believe that many of the laws which remain in force even at this day, are the fame which were brought from the northern parts of Germany by the Saxon invaders. the title of King was not used Though amongst them . them, their chiefs affumed it, foon after their arrival in this ifland. In Saxony their governors were appointed by an affembly general of the nation, which was called WITENNAGEMOT, which, in the Saxon language, fignifies the meeting of the wife men and which regulated all the important affairs of the state. When the Saxon conquests in England were divided into seven kingdoms, the monarchs being under a neceffity of retaining great numbers of their own countrymen among their fubjects, were cautious of exercising a defpotic power, and therefore continued to hold the Witennagemot wherever the common interest of the people was concerned. From hence in some degree we are enabled to determine the nature of their conftitution; as each kingdom of the Heptarchy had its fovereign, it was partly monarchical; as the King could not make laws without the confent of the principal men of the nation, it was, in fome degree, ariftocratical; and as the people, who held their lands of the nobles, were fummoned a 2 |