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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
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