Crabbe says that William the Conqueror "solemnly swore that
he would observe the good and approved laws of Edward the
Confessor." Crabbe's History of the English Law, p. 43.
The successors of William, up to the time of Magna Carta,
probably all took the same oath, according to the custom of the
kingdom; although there may be no historical accounts extant
of the oath of each separate king. But history tells us specially
that Henry I., Stephen, and Henry II., confirmed these ancient
laws and customs. It appears, also, that the barons desired of
John (what he afterwards granted by Magna Carta) "that the laws
and liberties of King Edward, with other privileges granted to the
kingdom and church of England, might be confirmed, as they
were contained in the charters of Henry the First; further alleging,
that at the time of his absolution, he promised by his oath to
observe these very laws and liberties." Echard's History of
England, p. 105 6.
It would appear, from the following authorities, that since
Magna Carta the form of the coronation oath has been
"to maintain the law of the land," meaning that law as
embodied in Magna Carta. Or perhaps it is more probable that
the ancient form has been still observed, but that, as its substance
and purport were "to maintain the law of the land," this latter
form of expression has been used, in the instances here cited, from
motives of brevity and convenience. This supposition is the
more probable, from the fact that I find no statute prescribing a
change in the form of the oath until 1688.
That Magna Carta was considered as embodying "the law of
the land," or "common law," is shown by a statute passed by
Edward I., wherein he "grants," or concedes,
"That the Charter of Liberties and the Charter of the Forest
* * shall be kept in every point, without breach, * * and that our
justices, sheriffs, mayors, and other ministers, which, under
us, have the laws of our land [32] to guide, shall allow the said
charters pleaded before them in judgment, in all their points,
that is, to wit, the Great Charter as the Common Law, and the
Charter of the Forest for the wealth of the realm.
"And we will, that if any judgment be given from henceforth,
contrary to the points of the charters aforesaid, by the justices, or
by any other our ministers that hold plea before them against
the points of the charters, it shall be undone, and holden for
naught." 25 Edward I., ch. 1 and 2. (1297.)
Blackstone also says:
"It is agreed by all our historians that the Great Charter of King
John was, for the most part, compiled from the ancient customs of
the realm, or the laws of Edward the Confessor; by which they
usually mean the old common law which was established under
our Saxon princes." Blackstone's Introduction to the Charters.
See Blackstone's Law Tracts, 289.
Crabbe says:
Public-domain text, read in full here on John Shaqi.
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