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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

* * The 'Basileus'
speaks in the tone of prerogative: Edgar does not
merely recommend, he commands that the law shall be
adopted by all the people, whether English, Danes, or
Britons, in every part of his empire. Let this statute be
observed, he continues, by Earl Oslac, and all the host
who dwell under his government, and let it be transmitted
by writ to the ealdormen of the other subordinate states.
And yet, in defiance of this positive iujunction, the
laws of Edgar were not accepted in Mercia until the reign
of Canute the Dane. It might be said that the course
so adopted may have been an exception to the general rule;
but in the scanty and imperfect annals of Anglo-Saxon
legislation, we shall be able to find so many examples
of similar proceedings, that this mode of enactment
must be considered as dictated by the constitution of
the empire. Edward was the supreme lord of the
Northumbrians, but more than a century elapsed before
they obeyed his decrees.


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