elves.]

[Footnote 70: By the Magna Carta of Henry III. this is changed to once a
year.]

[Footnote 71: From the provision of Magna Carta, cited in the text, it
must be inferred that there can be no legal trial by jury, in civil
cases, if only the king's justices preside; that, to make the trial
legal, there must be other persons, chosen by the people, to sit with
them; the object being to prevent the jury's being deceived by the
justices. I think we must also infer that the king's justices could sit
only in the three actions specially mentioned. We cannot go beyond the
letter of Magna Carta, in making innovations upon the common law, which
required all presiding officers in jury trials to be elected by the
people.]

[Footnote 72: "The earls, sheriffs, and head-boroughs were annually
elected in the full folcmote, (people's meeting)."--_Introduction to
Gilbert's History of the Common Pleas_, p. 2, _note_.

"It was the especial province of the earldomen or earl to attend the
shyre-meeting, (the county court,) twice a year, and there officiate as
the county judge in expounding the secular laws, as appears by the fifth
of Edgar's laws."--_Same_, p. 2, _note_.

"Every ward had its proper alderman, who was _chosen_, and not imposed
by the prince."--_Same_, p. 4, _text_.

"As the aldermen, or earls, were always _chosen_" (by the people) "from
among the greatest thanes, who in those times were generally more
addicted to arms than to letters, they were but ill-qualified for the
administration of justice, and performing the civil duties of their
office."--_3 Henry's History of Great Britain_, 343.

"But none of these thanes were annually elected in the full folcmote,
(people's meeting,) _as the earls, sheriffs, and head-boroughs were_;
nor did King Alfred (as this author suggests) deprive the people of the
election of those last mentioned magistrates and nobles, much less did
he appoint them himself."--_Introd. to Gilbert's Hist. Com. Pleas_, p.
2, _note_.

"The sheriff was usually not appointed by the lord, but elected by the
freeholders of the district."--_Political Dictionary_, word _Sheriff_.

"Among the most remarkable of the Saxon laws we may reckon * * the
election of their magistrates by the people, originally even that of
their kings, till dear-bought experience evinced the convenience and
necessity of establishing an hereditary succession to the crown. But
that (the election) of all subordinate magistrates, t