It was impossible that this right of the jury could subsist
consistently with any right, on the part of the king, to
impose any authoritative legislation upon them. His
oath, therefore, to maintain the law of the land, or the
ancient "laws, customs, and liberties," was equivalent
to an oath that he would never assume to impose laws upon
juries, as imperative rules of decision, or take from
them the right to try all cases according to their own
consciences. It is also an admission that he had no
constitutional power to do so, if he should ever desire
it. This oath, then, is conclusive proof that his legislation
was of no authority with a jury, and that they were
under no obligation whatever to enforce it, unless it
coincided with their own ideas of justice.
The ancient coronation oath is printed with the
Statutes of the Realm, vol. i., p. 168, and is as follows: [31]
TRANSLATION.
"Form of the Oath of the King of England, on his
Coronation.
(The Archbishop of Canterbury, to whom, of right and
custom of the Church of Canterbury, ancient and
approved, it pertains to anoint and crown the kings of
England, on the day of the coronation of the king, and
before the king is crowned, shall propound the
underwritten questions to the king.)
The laws and customs, conceded to the English people
by the ancient, just, and pious English kings, will you
concede and preserve to the same people, with the
confirmation of an oath? and especially the laws, customs,
and liberties conceded to the clergy and people by the
illustrious king Edward?
(And the king shall answer,) I do concede, and will
preserve them, and confirm them by my oath.
Will yon preserve to the church of God, the clergy, and
the people, entire peace and harmony in God, according
to your powers?
(And the king shall answer,) I will.
In all your judgments, will you cause equal and right
justice and discretion to be done, in mercy and truth,
according to your powers?
(And the king shall answer,) I will.
Do you concede that the just laws and customs, which
the common people have chosen, shall be preserved;
and do you promise that they shall be protected by you,
and strengthened to the honor of God, according to
your powers?
(And the king shall answer,) I concede and promise."
The language used in the last of these questions,
"Do you concede that the just laws and customs,
which the common people have chosen, (quas vulgus
elegit,) shall be preserved?" ect., is worthy of especial
notice, as showing that the laws, which were to be
preserved, were not necessarily all the laws which
the kings enacted, but only such of them as the common
people had selected or approved.
And how had the common people made known their
approbation or selection of these laws? Plainly, in no
other way than this that the juries composed of the
common people had voluntarily enforced them.
The common people had no other legal form of making
known their approbation of particular laws.
Public-domain text, read in full here on John Shaqi.
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