More than this. If this body had had any real legislative
authority, they would have constituted an aristocracy, having, in
conjunction with the king, absolute power over the people.
Assembling voluntarily, merely on the invitation of the king;
deputed by nobody but themselves; representing nobody but
themselves; responsible to nobody but themselves; their
legislative authority, if they had had any, would of necessity
have made the government the government of an aristocracy
merely, and the people slaves, of course. And this would
necessarily have been the picture that history would have
given us of the Anglo-Saxon government, and of Anglo-Saxon
liberty.
The fact that the people had no representation in this assembly,
and the further fact that, through their juries alone, they
nevertheless maintained that noble freedom, the very tradition of
which (after the substance of the thing itself has ceased to
exist) has constituted the greatest pride and glory of the nation
to this day, prove that this assembly exercised no authority
which juries of the people acknowledged, except at their own
discretion. [4]
There is not a more palpable truth, in the history of the
Anglo-Saxon government, than that stated in the Introduction to
Gilbert's History of the Common Pleas, [5] viz.. "that the
County aud Hundred Courts," (to which should have been added
the other courts in which juries sat, the courts-baron and
court-leet,) "in those times were the real and only Parliaments
of the kingdom." And why were they the real and only parliaments
of the kingdom? Solely because, as will be hereafter shown, the
juries in those courts tried causes on their intrinsic merits,
according to their own ideas of justice, irrespective of the laws
agreed upon by kings, priests, and barons; and whatever
principles they uniformly, or perhaps generally, enforced, and
none others, became practically the law of the land as matter of
course. [6]
Public-domain text, read in full here on John Shaqi.
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