This oath not only forbids the king to enact any statutes contrary to
the common law, but it proves that his statutes could be of no authority
over the consciences of a jury; since, as has already been sufficiently
shown, it was one part of this very common law itself,--that is, of the
ancient "laws, customs, and liberties," mentioned in the oath,--that
juries should judge of all questions that came before them, according to
their own consciences, independently of the legislation of the king.
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:[62]
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 you 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."
Public-domain text, read in full here on John Shaqi.
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