It is evident, also, that they judged
independently of the laws of the king, for the reasons before
given, viz., that the authority of the king was held in very,
little esteem; and, secondly, that the laws of the king (not
being printed, and the people being unable to read them if they
had been printed) must have been in a great measure unknown to
them, and could have been received by them only on the authority
of the sheriff, bailiff; or steward. If laws were to be received
by them on the authority of these officers, the latter would have
imposed such laws upon the people as they pleased.
These courts, that have now been described, were continued in
full power long after Magna Carta, no alteration being made in
them by that instrument, nor in the mode of administering justice
in them.
There is no evidence whatever, so far as I am aware, that the
juries had any less power in the courts held by the king's
justices, than in those held by sheriffs, bailiff, and stewards;
and there is no probability whatever that they had.
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