The government of England was vested in an elective sovereign,
assisted by the National Council of the Witan, or Wise Men. It is an
open question where every freeman had the right to attend this
national council,[1], but, in practice, the right became confined to a
small number of the nobles and clergy.

[1] Professor Stubbs and Freeman take opposite views on this point.

81. What the Witan could do.

1. The Witan elected the King (its choice being confined, as a rule,
to the royal family). 2. In case of misgovernment, it deposed him.
3. It made or confirmed grants of public lands. 4. It acted as a
supreme court of justice both in civil and criminal cases. (See the
Constitutional Summary in the Appendix, p. ii, S3.)

82. What the King and Witan could do.

1. They enacted the laws, both civil and ecclesiastical. (In most
cases this meant nothing more than stating what the custom was, the
common law being merely the common custom.) 2. They levied taxes.
3. They declared war and made peace. 4. They appointed the chief
officers and bishops of the realm.

83. Land Tenure before the Conquest.

Before they invaded Britain the Saxons and kindred tribes appear to
have held their lands in common. Each head of a family had a
permanent homestead, but that was all.[1] "No one," says Caesar, "has