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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


It will be noticed, in the quotation from Kelham, that he
says this oath (or the oath of William the Conqueror) is
"in sense and substance the very same with that which the
Saxon kings used to take at their coronations."
Hale says:
"Yet the English were very zealous for them," (that is, for
the laws of Edward the Confessor,) "no less or otherwise
than they are at this time for the Great Charter; insomuch
that they were never satisfied till the said laws were
reenforced, and mingled, for the most part, with the
coronation oath of king William I., and some of his
successors." 1 Hale's History of Common Law, 157.
Also, "William, on his coronation, had sworn to govern
by the laws of Edward the Confessor, some of which had
been reduced into writing, but the greater part consisted
of the immemorial customs of the realm." Ditto, p. 202,
note L.
Kelham says:
"Thus stood the laws of England at the entry of William I.,
and it seems plain that the laws, commonly called the laws
of Edward the Confessor, were at that time the standing
laws of the kingdom, and considered the great rule of their
rights and liberties; and that the Eriglish were so zealous
for them, 'that they were never satisfied till the said laws
were reenforced, and mingled, for the most part, with the
coronation oath.


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