In the time of our Saxon anceſtors, as appears from Edward the confeſſor's laws[1], the military force of this kingdom was in the hands of the dukes or heretochs, who were conſtituted through every province and county in the kingdom; being taken out of the principal nobility, and ſuch as were moſt remarkable for being "ſapientes, fideles, et animofi" Their duty was to lead and regulate the Engliſh armies, with a very unlimited power; "prout cis viſum fuerit, ad honorem coronae et utilitatem regni." And becauſe of this great power they were elected by the people in their full aſſembly, or folkmote, in the ſame manner as ſheriffs were elected: following ſtill that old fundamental maxim of the Saxon conſtitution, that where any officer was entruſted with ſuch power, as if abuſed might tend to the oppreſſion of the people, that power was delegated to him by the vote of the people themſelves[2]. So too, among the antient Germans, the anceſtors of our Saxon forefathers, they had their dukes, as well as kings, with an independent power over the military, as the kings had over the civil ſtate. The dukes were elective, the kings hereditary: for ſo only can be conſiſtently understood that paſſage of Tacitus[3], "reges ex nobilitate, duces ex virtute ſumunt;" in conſtituting their kings, the family or blood royal was regarded, in chuſing their dukes or leaders, warlike merit: juſt as Ceasar relates of their anceſtors in his time, that whenever they went to war, by way either of attack or defence, they elected leaders to command them[4]. This large ſhare of power, thus conferred by the people, though intended to preſerve the liberty of the ſubject, was perhaps unreaſonably detrimental to the prerogative of the crown: and accordingly we find a very ill uſe made of it by Edric duke of Mercia, in the reign of king Edmond Ironſide; who, by his office of duke or heretoch, was entitled to a large command in
- ↑ c. de heretochiis.
- ↑ "Iſti vero viri eliguntur per commune conſilium, pro communi utilitate regni, per provincias et patrias univerſas, et per ſingulos comitatus, in pleno folkmote, ſicut et vice-comites provinciarum et comitatuum eligi debent." LL. Edw. Confeſſ. ibid. See alſo Bede, eccl. hiſt. l. 5. c. 10.
- ↑ De morib. German. 7.
- ↑ "Quum bellum civitas aut illatum defendit, aut infert, magiſtratus qui ei bello praeſint deliguntur." De bell. Gall. l. 6. c. 22.
