How is this abstinence from legislation, on the part of the ancient kings, to be accounted for, except on the supposition that the people would accept, and juries enforce, few or no new laws enacted by their kings?
Spooner reflects on the reluctance of ancient kings to legislate, suggesting a preference for minimal laws accepted by the people.
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It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent.
Yet the codes of the most celebrated kings are very small, and were little more than compilations of immemorial customs.
They were even allowed to grant pardon to criminals, and to correct by their clemency the rigors of justice.
All other laws, it is optional with each man to obey, or not, as he may choose.