"It is admitted, on all hands, that it (Magna Carta) contains nothing
but what was confirmatory of the common law, and the
ancient usages of the realm, and is, properly speaking, only an
enlargement of the charter of Henry I., and his successors."
Crabbe's History of the English Law, p. 127.
That the coronation oath of the kings subsequent to Magna Carta
was, in substance, if not in form, "to maintain this law of the
land, or common law," is shown by a statute of Edward Third,
commencing as follows:
"Edward, by the Grace of God, ect., ect., to the Sheriff of
Stafford, Greeting: Because that by divers complaints made
to us, we have perceived that the law of the land, which we
by oath are bound to maintain," ect. St. 20 Edward III. (1346.)
The following extract from Lord Somers' tract on Grand Juries
shows that the coronation oath continued the same as late as
1616, (four hundred years after Magna Carta.) He says:
"King James, in his speech to the judges, in the Star Chamber,
Anno 1616, told them, 'That he had, after many years, resolved
to renew his oath, made at his coronation, concerning justice,
and the promise therein contained for maintaining the law of
the land.' And, in the next page save one, says, 'I was sworn to
maintain the law of the land, and therefore had been perjured
if I had broken it. God is my judge, I never intended it.'
"Somers on Grand Juries, p. 82.
In 1688, the coronation oath was changed by act of Parliament,
and the king was made to swear:
"To govern the people of this kingdom of England, and the
dominions thereto belonging, according to the statutes in
Parliament agreed on, and the laws and customs of the
same." St. 1 William and Mary, ch. 6. (1688.)
The effect and legality of this oath will hereafter be
considered. For the present it is sufficient to show, as has
been already sufficiently done, that from the Saxon times
until at least as lately as 1616, the coronation oath has
been, in substance, to maintain the law of the land, or
the common law, meaning thereby the ancient Saxon
customs, as embodied in the laws of Alfred, of Edward
the Confessor, and finally in Magna Carta.
It may here be repeated that this oath plainly proves that
the statutes of the king were of no authority over juries, if
inconsistent with their ideas of right; because it was one
part of the common law that juries should try all causes
according to their own consciences, any legislation of the
king to the contrary notwithstanding.[33]
[1] Hale says:"The trial by jury of twelve men was the usual
trial among the Normans, in most suits; especially in assizes, et
juris utrum." 1 Hale's History of the Common Law, 219
This was in Normandy, before the conquest of England by the
Normans. See Ditto, p. 218.
Public-domain text, read in full here on John Shaqi.
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