Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/424

 408 the time of our Saxon ancetors, as appears from Edward the confeor's laws, the military force of this kingdom was in the hands of the dukes or heretochs, who were contituted through every province and county in the kingdom; being taken out of the principal nobility, and uch as were mot remarkable for being "apientes, fideles, et animofi" Their duty was to lead and regulate the Englih armies, with a very unlimited power; "prout cis vium fuerit, ad honorem coronae et utilitatem regni." And becaue of this great power they were elected by the people in their full aembly, or folkmote, in the ame manner as heriffs were elected: following till that old fundamental maxim of the Saxon contitution, that where any officer was entruted with uch power, as if abued might tend to the oppreion of the people, that power was delegated to him by the vote of the people themelves. So too, among the antient Germans, the ancetors of our Saxon forefathers, they had their dukes, as well as kings, with an independent power over the military, as the kings had over the civil tate. The dukes were elective, the kings hereditary: for o only can be conitently understood that paage of Tacitus, "reges ex nobilitate, duces ex virtute umunt;" in contituting their kings, the family or blood royal was regarded, in chuing their dukes or leaders, warlike merit: jut as CeasarCaesar [sic] relates of their ancetors in his time, that whenever they went to war, by way either of attack or defence, they elected leaders to command them. This large hare of power, thus conferred by the people, though intended to preerve the liberty of the ubject, was perhaps unreaonably detrimental to the prerogative of the crown: and accordingly we find a very ill ue made of it by Edric duke of Mercia, in the reign of king Edmond Ironide; who, by his office of duke or heretoch, was entitled to a large command in Rh