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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

" 25 Edward I., ch. 1 and 2. (1297.)
Blackstone also says:
"It is agreed by all our historians that the Great Charter of King
John was, for the most part, compiled from the ancient customs of
the realm, or the laws of Edward the Confessor; by which they
usually mean the old common law which was established under
our Saxon princes." Blackstone's Introduction to the Charters.
See Blackstone's Law Tracts, 289.
Crabbe says:
"It is admitted, on all hands, that it (Magna Carta) contains nothing
but what was confirmatory of the common law, and the
ancient usages of the realm, and is, properly speaking, only an
enlargement of the charter of Henry I., and his successors."
Crabbe's History of the English Law, p. 127.
That the coronation oath of the kings subsequent to Magna Carta
was, in substance, if not in form, "to maintain this law of the
land, or common law," is shown by a statute of Edward Third,
commencing as follows:
"Edward, by the Grace of God, ect.


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