FREE BOOKS

Author's List




PREV.   NEXT  
|<   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81  
82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   >>   >|  
ssible to carry them into execution_. To many charters (laws) we have the signatures of the Witan. _They seldom exceed thirty in number; they never amount to sixty._"--_1 Lingard_, 486. It is ridiculous to suppose that the assent of such an assembly gave any _authority_ to the laws of the king, or had any influence in securing obedience to them, otherwise than by way of persuasion. If this body had had any real legislative authority, such as is accorded to legislative bodies of the present day, they would have made themselves at once the most conspicuous portion of the government, and would have left behind them abundant evidence of their power, instead of the evidence simply of their assent to a few laws passed by the king. 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.[37] 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,[38] viz., "_that the County and 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 id
PREV.   NEXT  
|<   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81  
82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   >>   >|  



Top keywords:

authority

 
government
 

juries

 

legislative

 

people

 

assembly

 
courts
 
kingdom
 

constituted

 

aristocracy


history

 

evidence

 

assent

 

discretion

 

History

 
Common
 

Gilbert

 
stated
 

Introduction

 

palpable


exercised

 

substance

 

tradition

 
charters
 

ceased

 

nation

 

greatest

 

acknowledged

 
Solely
 

parliaments


ssible

 

merits

 
intrinsic
 

Parliaments

 

Courts

 

Hundred

 
freedom
 
County
 

execution

 

ridiculous


passed
 

simply

 

abundant

 

suppose

 

absolute

 

conjunction

 

obedience

 
present
 

bodies

 
persuasion