"But none of these thanes were annually elected in the full
folcmote, (people's meeting,) as the earls, sheriffs, and
head-boroughs were; nor did King Alfred (as this author suggests)
deprive the people of the election of those last mentioned
magistrates and nobles, much less did he appoint them himself."
Introd. to Gilbert's Hist. Com. Pleas, p. 2, note.
"The sheriff was usually not appointed by the lord, but elected
by the freeholders of the district." Political Dictionary, word
Sheriff.
"Among the most remarkable of the Saxon laws we may reckon
* * the election of their magistrates by the people, originally even
that of their kings, till dear-bought experience evinced the
convenience and necessity of establishing an hereditary
succession to the crown. But that (the election) of all
subordinate magistrates, their military officers or heretochs,
their sheriffs, their conservators of the peace, their coroners,
their portreeves, (since changed into mayors and bailiffs,) and
even their tithing-men and borsholders at the last, continued,
some, till the Norman conquest, others for two centuries after,
and some remain to this day." 4 Blackstone, 418.
"The election of sheriffs was left to the people, according to
ancient usage." St. West. 1, c. 27. Crabbe's History of
English Law, 181.
CHAPTER V. OBJECTIONS ANSWERED
The following objections will be made to the doctrines and the
evidence presented in the preceding chapters.
1. That it is a maxim of the law, that the judges respond to the
question of law, and juries only to the question of fact.
The answer to this objection is, that, since Magna Carta, judges
have had more than six centuries in which to invent and
promulgate pretended maxims to suit themselves; and this is one
of them. Instead of expressing the law, it expresses nothing but the
ambitious and lawless will of the judges themselves, and of those
whose instruments they are.[1]
2. It will be asked, Of what use are the justices, if the jurors
judge both of law and fact?
The answer is, that they are of use, 1. To assist and enlighten
the jurors, if they can, by their advice and information; such
advice and information to be received only for what they may
chance to be worth in the estimation of the jurors. 2. To do
anything that may be necessary in regard, to granting appeals and
new trials.
3. It is said that it would be absurd that twelve ignorant men
should have power to judge of the law, while justices learned in
the law should be compelledto sit by and see the law decided
erroneously.
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