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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


* * The members of the Witenagemot were the ' Pares Curiae '
(Peers of Court) of the kingdom. How far, on these occasions,
their opinion or their equity controlled the power of the crown,
cannot be ascertained. But the form of inserting their names
in the 'Testing Clause' was retained under the
Anglo-Norman reigns; and the sovereign, who submitted
his Charter to the judgment of the Proceres, professed to
be guided by the opinion which they gave. As the 'Pares'
of the empire, the Witenagemot decided' the disputes
between the great vassals of the crown. * * The jurisdiction
exercised in the Parliament of Edward I., when the barony
of a Lord-Marcher became the subject of litigation, is
entirely analogous to the proceedings thus adopted by the great
council of Edward, the son of Alfred, the Anglo-Saxon king.
In this assembly, the king, the prelates, the dukes, the
ealdormen, and the optimates passed judgment upon all great
offenders.* *
The sovereign could not compel the obedience of the different
nations composing the Anglo-Saxon empire.


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