iences. 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."
The language used in the last of these questions, "Do you concede that
the just laws and customs, _which the common people have chosen_, (_quas
vulgus elegit_,) shall be preserved?" &c., is worthy of especial notice,
as showing that the laws, which were to be preserved, were not
necessarily _all_ the laws which the kings enacted, _but only such of
them as the common people had selected or approved_.
And how had the common people made known their approbation or selection
of these laws? Plainly, in no other way than this--_that the juries
composed of
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