Note R. p. . The Right of the Witan to depose the King

Mr. Kemble (ii. 219) formally reckons among the powers of the Witan that they “had the power to depose the King, if his government was not conducted for the benefit of the people.” He adds that “it is obvious that the very existence of this power would render its exercise an event of very rare occurrence.” He then goes on to discuss the case of Sigeberht at length, and adds, “I have little doubt that an equally formal, though hardly equally justifiable, proceeding severed Mercia from Eádwig’s kingdom, and reconstituted it as a separate state under Eádgár; and lastly from Simeon of Durham we learn that the Northumbrian Alchred was deposed and exiled, with the counsel and consent of all his people.”

This last Northumbrian case is worth notice, as showing that a perfectly legal proceeding may lurk under words which at first sight seem to imply mere violence. The two Chronicles, Worcester and Peterborough, which record the deposition of Ealhred in the year 774, use the words, “Her Norðhymbra fordrifon heora cyning Alchred of Eoforwic on Eastertid, and genamon Æþelred Molles sunu him to hlaforde.” So Florence, “Festi paschalis tempore Northymbrenses regem suum Alhredum, Molli regis successorem, Eboraco expulere, filiumque ejusdem regis Molli, Æthelberhtum, in regem levavere.” This might suggest the notion of a mere revolutionary act; but the words of Simeon bring out the legal character of the deposition much more strongly; “Alcredus rex, consilio et consensu suorum omnium, regiæ familiæ ac principum destitutus societate, exilio imperii mutavit majestatem.” With this new light before us, we better understand the force of the words of the Chronicles, “of Eoforwic on Eastertid.” It is plain that Ealhred was deposed by the Easter Gemót of his kingdom assembled in his capital. Simeon then goes on to speak of Æthelred as “tanto honore coronatus;” and it should be noticed that in 779, when he records the expulsion of Æthelred himself, richly deserved as it was by the treacherous murder of three of his Ealdormen, he does not use the same legal language; “Ethelredo expulso de regali solio et in exilio fugato, cogitur mœstos inire modos miserasque habere querelas. Elfwald vero filius Oswlfi, Ethelredo expulso, regnum Northanhymbrorum suscepit.” So in the Chronicles (778), “And þa feng Alfwold to rice and Æþeldred bedraf on lande.”

To turn to the case of Sigeberht, I have already quoted (see above, p. ) the words of Henry of Huntingdon, in whose account the legal action of the nation stands out most clearly; but the consent of the Witan appears also in all the other accounts. In the Chronicles (755) we read, “Her Cynewulf benam Sigebryhte his mæge his rices and Wæst-seaxna witan for unrihtum dædum butan Hamtunscire.” So Florence, “Cynewlfus, de prosapia Cerdici regis oriundus, auxilium sibi ferentibus West-Saxonicis primatibus, regem illorum Sigebertum, ob multitudinem suorum iniquorum factorum, regno exterminavit, et loco ejus regnavit; unam tamen provinciam, quæ Hantunscire dicitur, eidem concessit.” And even Æthelweard (ii. 17), who seems to tell the story with a certain royalist leaning against Cynewulf, witnesses to the same facts; “Post decursum unius anni ex quo Sigebryht regnare cœperat, cujus regnum invadens Cynulf abstraxit ab eo, et sapientes totius partis occidentalis facietenus traxit cum eo propter inconditos actus supradicti regis; nec illi derelicta pars potestatis nisi provincia una quæ Hamtunscire nuncupatur.” In this case, as in the case of Ealhred, we may remark the different colourings given to the same action. The deposition of Sigeberht was clearly a legal act, but it might be spoken of as an “invasio,” just as equally legal acts later in our history could be also spoken of as “invasiones.”

With regard to the separation of Mercia from the kingdom of Eadwig, spoken of by Mr. Kemble, the whole of Eadwig’s reign is shrouded in such darkness that, as it forms no part of my immediate subject, I have rather avoided going into it. But at any rate that separation would present one point of difference from any of the other cases. As Eadgar seems to have been Under-king of the Mercians from the death of Eadred, the act by which the Mercians threw off the authority of Eadwig was rather the rejection of the supremacy of an over-lord than the deposition of an immediate sovereign.

Of the other cases which I have mentioned in the text, those which come within the range of my History I have discussed in their proper places. Among the later cases, some may have expected to see the names of Henry the Sixth and Charles the First. But neither of these Kings were, in strictness of speech, deposed. By deposition I understand an act by which a King, whose right to be King is acknowledged up to that time, is, by virtue of such act, declared to be no longer King. This was not exactly the case with Henry the Sixth. When Richard Duke of York claimed the crown in preference to Henry, a compromise was made, by which Henry was to keep the crown for life and Richard was to become his heir-apparent. It was therefore the Yorkist theory that Henry reigned by virtue of this agreement, and that, when he afterwards, as was alleged, broke the agreement, the Crown was thereby forfeited and the Duke became de jure King. (See Growth of the English Constitution, p. .) Yet, as we have seen, a kind of popular election was thought needful to confirm the rights of his son. Charles the First, it is still more clear, was not deposed. He was tried and executed being King, a process of which English history supplies no other example. The depositions of Edward the Second and Richard the Second are too plain to need comment. James the Second was clearly deposed in Scotland; whether the vote against him in England could be strictly called a vote of deposition is less clear. On the character of this famous vote, logically so absurd, yet practically so thoroughly adapted to all the circumstances of the time, see Macaulay, Hist. of Eng. ii. 623. So on the vote of the Scottish Estates, iii. 285.

I have spoken in the text of that milder form of deposition by which the King was removed from his authority without being formally removed from his office. Of this process the simpler forms of our early constitution will hardly supply an instance, unless we see an approach to it in the engagement (see p. ) entered into by Æthelred on his restoration to rule in all things by the advice of his Witan. But it was done in the cases of Henry the Third, Edward the Second, and Richard the Second; in the two latter cases the act was a kind of forewarning of the severer punishment which was to follow.

It must be remembered that throughout this argument I am dealing with the legal right of deposition, not with the justice of its exercise in any particular case. As to Sigeberht, and as to Ealhred too, both of them clearly deserved their fate, but how far in either case the West-Saxon and Northumbrian Witan may have been influenced by any personal intrigues of Cynewulf or Æthelred, who play in the two stories respectively the part of Henry of Bolingbroke or William of Orange, is not to the purpose. So too with the later fates of the deposed Kings, with the certain murder of Edward, the all but certain murder of Richard, the constitutional question has nothing to do. The deposed prince was let off the most easily in the earliest case. Sigeberht, deposed from the kingdom of Wessex, was allowed to retain Hampshire as Under-king. Having murdered one of his Ealdormen, he was banished altogether by Cynewulf, the new head King, and he was afterwards killed by a private enemy.

For instances of deposition among other Teutonic nations see Kemble, ii. 221. The most famous case of all, the deposition of Childeric and election of Pippin, was somewhat spoiled by the application to the Bishop of Rome about a matter which it clearly lay within the power of the Frankish nation to settle without his interference.