Witan

When a king died, leaving a son of tender age and a brother of mature ability, the magnates of the kingdom, the so–called Witan, claimed the right to choose a fitting successor.

If these viceroys were a source of strength to the powerful Canute, they proved a source of weakness to the saintly Confessor, who was forced to submit to the control of his provincial rulers, such as Godwin and Leofric, as each in turn gained the upper–hand in the field or among the Witan.

Not content to depend entirely on the right of conquest, he insisted on having his title confirmed by a body claiming to represent the Witenagemot, and alleged that he had been named successor by his kinsman, Edward Confessor, a nomination strengthened by the renunciation of Harold in his favour.

It will be seen that Alfred attributes it partly to the authority of the Church and partly to that of the Witan, while he expressly claims for treason against the lord the same immunity from ordinary rules which the Roman Law of Majestas had assigned to treason against the Cæsar.

“From the fact that the new laws passed by the king and the Witan were laid before the shire-mote, (county court,) we should be almost justified in the inference that a second sanction was necessary before they could have the effect of law in that particular county.

The “second sanction” required to give the legislation of the king and Witan the effect of law, was undoubtedly, I think, as a general thing, the sanction of a jury.

Then I, Alfred, King of the West Saxons, showed these to all my Witan, and they then said that they were all willing to observe them.