Samuel Johnson

“ If ever there were Wites in Parliament, sure it was Princes, as well Bishops as Magistrates, and the Freemen. Why then does this Learned Knight distinguish betwixt a Wittenagemote and a Folkmote, seeing they were both made up of Wites? I am governed by Things and not by Words, and am throughly satisfied that an Assembly which does Parliament-Business is a Parliament. ”

“ Rejoyce therefore (says he) most Excellent Prince and be glad, That the Law of the Realm in which you are to succeed is Such, for it shall exhibit and minister to You and your People no small Security and Comfort. ”

“ As for Instance, the Writs of Election at this Day call for some of the Discreetest to be chosen to Parliament, though the Members do not assume that Title: And I know so much of the Old English Genius, that they would no more have called themselves a Wittenagemote than this present Parliament would call their Votes which come out Day by Day, Journal de Sçavans.
But I will wave Conjectures even in Antiquities, (though we are there oftentimes forced to go in the Dark, to tread upon Ruins, and to feel out our Way;) because I have direct Proof that the Folkmote made all the Laws we ever had. ”

“ In this Passage the Two Times a Year seem to be Stationary; the Calling a Parliament Oftner than Two Times a Year if need were, is plainly intended for Contingencies of State, and when the Ardua Regni, or Extraordinary Affairs of the Nation require an Extraordinary Parliament. I say, and will make out to all the World, by Laws and Declarations of Parliament, that the King has a Power of calling Parliaments within the Law; But I never did, nor never will say to the end of my Life, that the King can hinder Parliaments Appointed by Law. ”

“ Shewing that the Frequent meeting of Parliaments is the Basis of our Constitution, and the True of the Government; and that the Intermission of them is Inconsistent with the Body of the English Law. If a Man would have an entire View of the English Constitution, he must have recourse to those Able and Approved Authors who have written Purposely on that Subject. ”

“ For the Good Estate of the Realm, King Alfred caused the Counties to Assemble, and Ordained it for a Perpetual Usage, that at Two Times yearly, or oftner if need were, in Time of Peace, they should Assemble at London, to sit in Parliament, for the Guidance of God’s People, how the Nation should keep themselves from Sin, live in Quiet, and receive Right by certain Usages and holy Judgments. ”

“ We find indeed the Saxon Kings in the Preface of their Laws which were made in Extraordinary Parliaments, Decreeing with their Wites, (mid minam Witenan) some at Greatanlage, and at Midwinter afterwards at Eaxcester, as King Athelstan, some at Lundenbyrig at the Holy Easterly Tide, as King Edmund; others at Wodestock in Mercialand, and others at Wichester. Whereby it appears that the Kings of England had a Power to Summon Parliaments when and where their Weighty Affairs required them, in all Places of the Realm, and at all Seasons of the Year. ”

“ The next thing to be considered is the Author or Founder of this Ancient Constitution, which we have in the aforesaid Chap. De Greve, Num. 35. amongst the Laws of Good King Edward, “Hanc Legem Invenit Arthurus, qui quondam fuit Inclytissimus Rex Brytonum, & ità consolidavit, & confœderavit regnum Britanniæ universum semper in unum.” This Law of the Anniversary Folkmote Arthur Invented, who was heretefore the most Renowned King of the Brytons, and thereby he consolidated, and confederated together the whole Realm of Britany for ever as One Man. ”

“ This way of writing Law is the best that can be invented, for it is the way of Preaching by Positive and Negative, which is a two-edged Sword, and cuts both ways. And the Truth of it is, the Negative part of the Law, which lies in a little Compass, oftentimes teaches us a world of the Positive. ”

“ My Lord, you may make a Complement of this Matter to the King, and tell him that we mud have Good Laws, in a Good Reign, or never, for we cannot have them in a Bad one; but the Laws made in a Good Reign are to support us when a bad one comes, as the seven Years of Plenty in Egypt, sustained the seven Years of Famine. ”

“ Well then it was for the sake of his People, that if they judged there was Occasion for more or Oftner Parliaments, they might ask for them. For I appeal to Common Sense, whether it be not Ridiculous, and wonderfully beneath the Dignity of a Parliament, when a Prince was bound by his Coronation Oath to Call a Parliament Once a Year, or oftner if need were, (for so the Law stood, and so this Prince was at that time Bound) to Interpret a Law after such a manner, as to say he was Enabled to call a Parliament Oftner than once in Three Years. ”

“ Do you grant that the just Laws and Customs which are of the Folks Chusing shall be kept, and do you promise that they shall be Protected, and to the Honour of God receive Affirmance by you, to the utmost of your Power? ”

“ That is just as if our present Parliament should spend Forty Days in finding out Ways and Means for the raising Money, and afterwards were notable to put them into a Law: Or as we Private Men use to Consult and Debate, and Settle the Nation over a Dish of Coffee, without being able to oblige one single Man to our Orders.
The Thing which misled this Great Antiquary (as I conjecture) to make this Mark of Difference betwixt a Folkmote and a Wittenagemote, as if a Wittenagemote made Laws and a Folkmote not, is this ”

“ Our Folkmote looks extreamly like it in those two Strokes. Statutum est enim quod ibi debent populi omnes, & gentes Universæ singulis annis, semel in anno scilicet convenire, scilicet in capite Kal. Maii. For it was Appointed by Statute that all the People and Counties Universal should meet together at the Folkmote each Year, namely, Once in the Year, namely, in the Beginnings of the Kalends of May. ”

“ But I believe the true Reason of the Abrupt Dissolution of that Summer Parliament in Conjunction with the King’s Sickness, was this, That if they had been held till Michaelmass, though there was then to be Another Parliament, it must have been at the King’s Charge. For I am of Opinion by what I have seen even as low as Richard the 2d’s Time, that the Sitting of a Parliament was usually Forty Days; and that the Quarantain was not duly kept in this Parliament 3. Ed. 1. ”

“ This is an undoubted Prerogative lodged in the King for the sake of the Ardua Contingentia; and no Man would Govern a Kingdom that could not Command the Advice and Assistance of his Subjects to be forthcoming, when the Occasions of the Kingdom required it. ”

“ However the Latin lies before every Man to Translate it for himself. From henceforward the French Kings degenerating from the Valour and Learning which they used to have, the Power of the Kingdom was Administred by the Matters of the Palace, the Kings themselves being upon the Matter only Titular ”

“ I do not speak thus doubtingly concerning Annual Parliaments, for I am Positive in them; but if People will have the utmost of Antiquities, and the very Original of the Wisest and Justest Government in the World, they must sometimes be content to Read with Letters that are somewhat Worn ”

“ Now let us see how the Law stood afterwards; wherein I can only consult the Books I have by me, for I have not Health enough to go and Transcribe the Records in the Tower, but take them upon Content as they lie in Sir Robert Cotton’s Abridgment of the Records in the Tower. And there in the very first Page, 5. Ed. 2. it is Ordained, “Que Parliament serra tenus un ou deux foits per An.” That a Parliament shall be held one Time or Two Times a Year. Here you see the Twice a Year is dwindled into Once or Twice. ”

“ There are several ways of proving that there was a New Election every Year. They tell me there are Writs extant for New Elections for Fourscore Years Successively, where there are but about Six wanting. ”

“ Pur le estate del Royalme fist l’ Roy Alfred assembler les Comitees, & ordeigne pur Usage Perpetuelle, que a deur foits per l’ An on pluis-sovent, pur mestier, en temps de peace se assembleront a Londres pur Parliamenter sur le guidement del people d’ Dieu, coment gents se garderent de peche, viverent en quiet, & recieverent droit per certaine usages & saincts judgements. ”

“ Ed. 3. cap. 10. just now recited for a Yearly Parliament, one would think it should be a Daily Parliament; because it is for the Maintenance of former Statutes, and Redress of divers Mischiefs which Daily happen: But I believe that a Parliament which Sits but Forty Days in the Year are able to do that Work, Concerning which we will enquire further afterwards.
In the 50. Ed. 3. p. 138. The Parliament’s Demand or Petition is this, “That a Parliament may be holden every Year; the Knights of the Parliament may be chosen by the whole Counties ”