Ancient_and_modern_York_a_guide

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MODERN YORK. 21 of bending, either by insinuation or force, these islanders obstinately retained their polity." The Witenagemot was prized in other parts of the country ; how then could it be a thing unknown in Northumbria ? We have abundant evidence that several Saxon Parliaments were held in the kingdom of Northumbria, if not in its capital city—York ; and in later times, it was by the vote of the " nobles and wise men of the kingdom," that William Rufus, the second son of the Conqueror, was allowed to ascend the throne in preference to his elder brother Robert. On the death of Rufus, the claim of Robert was again set aside, in favour of his younger brother Henry, " by the consent and council of the whole body of the realm," assembled at Winchester. Henry's daughter Maud was in like manner passed by, and Stephen, as he himself states the fact, was " chosen king by the common voice and unanimous consent of the nobles and people." It must be remarked, notwithstanding all the efforts of the Nor man party to establish the feudal system, that many of Anglo-Saxon customs were retained in spite of the foreigners. The Normans endeavoured to extinguish the Saxon language, yet, at this day, out of the sixty-nine words that make up the Lord's Prayer, there are but five words that are not Saxon. Most of the names of the towns and villages of England, certainly of Yorkshire, are of Saxon origin ; and the old county courts, at which the freeholders met, transacted the county business, and elected sheriffs, &c., were still kept up ; although none of the feudal governments of Europe had such an institu tion. Further, wo know that the English were constantly clamouring for the restoration of their old laws and cus toms, and wrung concessions from William Rufus, Henry I. (who confirmed the laws of Edward the Confessor), and Stephen. It is, therefore, incredible to suppose, that they forgot their ancient parliament. At what precise time the city of York first sent repre sentatives to parliament, it is perhaps impossible to

22 ANCIENT AND determine. We have no record that contains a list of the city members earlier than the reign of Edward I. Some are of opinion, that prior to the time of Henry III., the cities and towns were esteemed too mean to enjoy the privilege of sending deputies to the national councils ; but, on the other hand, the municipal system was of Roman origin ; the customs, rules, franchises, and pre cedents of that system, containing, as M. Guizot observes, the germ of liberty, prevailed in York and the other towns, when the Saxons came ; who were also attached to popular deliberative assemblies. The feudal system was inimical, it is true, to municipal democracy ; yet it could not in England extinguish the tradition of Roman and Saxon freedom. The Conqueror himself gave a charter to the citizens of London; his son, Henry I., granted a charter to the citizens of York, securing their rights, customs, and privileges ; and the clauses in Magna Charta, regulating the assessment of aids, indicate that the boroughs were then not of inconsiderable im portance,—if they do not warrant the inference, that London, York, and other places then sent deputies to the parliaments of King John. These considerations appear to us conclusive against the opinion, that the first English parliament assembled in York, in the reign of Henry II. ; for such an opinion is alike inconsistent with the supposition of the great an tiquity of the English parliaments, held by one class of historians ; and with the ideas of those, who, on the other hand, contend that the first regular parliament in England, was summoned by King Henry III. It is difficult to believe that, before these epochs, communities living in cities and towns—(required to bear the burdens of the state)—did not assert the right of expressing their voice in the public councils ; a right which they appear to have possessed from their establishment as municipal towns, till the Norman conquest, when their privileges were violently suspended.

MODERN YORK. 21<br />

of bending, either by insinuation or force, these isl<strong>and</strong>ers<br />

obstinately retained their polity." The Witenagemot<br />

was prized in other parts of the country ; how then could<br />

it be a thing unknown in Northumbria ? We have<br />

abundant evidence that several Saxon Parliaments were<br />

held in the kingdom of Northumbria, if not in its capital<br />

city—<strong>York</strong> ; <strong>and</strong> in later times, it was by the vote of the<br />

" nobles <strong>and</strong> wise men of the kingdom," that William<br />

Rufus, the second son of the Conqueror, was allowed to<br />

ascend the throne in preference to his elder brother Robert.<br />

On the death of Rufus, the claim of Robert was again set<br />

aside, in favour of his younger brother Henry, " by the<br />

consent <strong>and</strong> council of the whole body of the realm,"<br />

assembled at Winchester. Henry's daughter Maud was<br />

in like manner passed by, <strong>and</strong> Stephen, as he himself<br />

states the fact, was " chosen king by the common voice<br />

<strong>and</strong> unanimous consent of the nobles <strong>and</strong> people." It must<br />

be remarked, notwithst<strong>and</strong>ing all the efforts of the Nor<br />

man party to establish the feudal system, that many of<br />

Anglo-Saxon customs were retained in spite of the<br />

foreigners. The Normans endeavoured to extinguish the<br />

Saxon language, yet, at this day, out of the sixty-nine<br />

words that make up the Lord's Prayer, there are but five<br />

words that are not Saxon. Most of the names of the<br />

towns <strong>and</strong> villages of Engl<strong>and</strong>, certainly of <strong>York</strong>shire,<br />

are of Saxon origin ; <strong>and</strong> the old county courts, at which<br />

the freeholders met, transacted the county business, <strong>and</strong><br />

elected sheriffs, &c., were still kept up ; although none<br />

of the feudal governments of Europe had such an institu<br />

tion. Further, wo know that the English were constantly<br />

clamouring for the restoration of their old laws <strong>and</strong> cus<br />

toms, <strong>and</strong> wrung concessions from William Rufus, Henry<br />

I. (who confirmed the laws of Edward the Confessor),<br />

<strong>and</strong> Stephen. It is, therefore, incredible to suppose, that<br />

they forgot their ancient parliament.<br />

At what precise time the city of <strong>York</strong> first sent repre<br />

sentatives to parliament, it is perhaps impossible to

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