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period. The matter would probably be ofdifficult discussion, even were it examined im-partially; but as our modern parties have chosento divide on this point, the question has beendisputed with the greater obstinacy , and thearguments on both sides have become, on thataccount, the move captious and deceitful. Ourmonarchical faction maintain , that these wisesor Japientes were the judges, or men learned inthe law: The popular faction assert them to berepresentatives of the boroughs, or what we nowcall the commons.

The expressions , employed by all ancienthistorians in mentioning the Wittenagemot ,seem to contradict the latter supposition. Themembers are almost always called the principes ,J'atrapœ , optimates , magnates , proceres ; termswhich seem to suppose an aristocracy, and toexclude the commons. The boroughs also, fromthe low state of commerce, were so small andso poor , and the inhabitants lived in suchdependence on the great men ', that it seemsnowise probable they would be admitted as apart of the national councils. The commons arewell known to have had no share in the govern-ments established by the Pranks , Burgundians, andother northern nations; and we may conclude,that the Saxons , who remained longer barbar-ous and uncivilized than those tribes , wouldnever think of conferring such an extraordinary

Appendix

I.

* Brady’s treatise of English boroughs, Z, 4, 5, etc *