Et quo pax adquiritur sibi procurabunt.”
[(2)] On the renewal of the Laws of Eadward by William, see Norman Conquest, iv. 324. Stubbs, Documents, 25. It should be marked that the Laws of Eadward were again confirmed by Henry the First (see Stubbs, 90-99), and, as the Great Charter grew out of the Charter of Henry the First produced by Archbishop Stephen Langton in 1213, the descent of the Charter from the Laws of Eadward is very simple. See Roger of Wendover, iii. 263 (ed. Coxe). The Primate there distinctly says that he had made John swear to renew the Laws of Eadward. “Audistis quomodo, tempore quo apud Wintoniam Regem absolvi, ipsum jurare compulerim, quod leges iniquas destrueret et leges bonas, videlicet leges Eadwardi, revocaret et in regno faceret ab omnibus observari.” It must be remembered that the phrase of the Laws of Eadward or of any other King does not really mean a code of laws of that King’s drawing up, but simply the way of administering the Law, and the general political condition, which existed in that King’s reign. This is all that would be meant by the renewal of the Laws of Eadward in William’s time. It simply meant that William was to rule as his English predecessors had ruled before him. But, by the time of John, men had no doubt begun to look on the now canonized Eadward as a lawgiver, and to fancy that there was an actual code of laws of his to be put in force.
On the various confirmations of the Great Charter, see Hallam, Middle Ages, ii. 111.
[(3)] Macaulay, ii. 660. “When they were told that there was no precedent for declaring the throne vacant, they produced from among the records of the Tower a roll of parchment, near three hundred years old, on which, in quaint characters and barbarous Latin, it was recorded that the Estates of the Realm had declared vacant the throne of a perfidious and tyrannical Plantagenet.” See more at large in the debate of the Conference between the Houses, ii. 645.
[(4)] See Kemble, Saxons in England, ii. 186—194. This, it will be remembered, is admitted by Professor Stubbs. See above, note 48 to Chapter I.
[(5)] See Kemble, ii. 199, 200, and compare page 194.
[(6)] I have collected these passages in my History of the Norman Conquest, i. 591.
[(7)] On the acclamations of the Assembly, see note 19 to Chapter I. I suspect that in all early assemblies, and not in that of Sparta only, κρίνουσι βοῇ καὶ οὐ ψήφῳ (Thuc. i. 87). We still retain the custom in the cry of “Aye” and “No,” from which the actual vote is a mere appeal, just like the division ordered by Sthenelaïdas when he professed not to know on which side the shout was.
[(8)] See Norman Conquest, i. 100, and History of Federal Government, i. 263.
[(9)] See Norman Conquest, iv. 694. In this case the Chronicler, under the year 1086, distinguishes two classes in the Assembly, “his witan and ealle Þa landsittende men Þe ahtes wæron ofer eall Engleland.” These “landsittende men” were evidently the forerunners of the “libere tenentes,” who, whether their holdings were great or small, kept their place in the early Parliaments. See Hallam, ii. 140-146, where will be found many passages showing the still abiding traces of the popular constitution of the Assembly.