The late editor of Cokes Institutes, remarks, in a note on this passage, that the latter part of this etymology iz justly exploded, and apologizes for hiz author by saying, "it iz to be found in preceding authors of eminence." He discards the ment, and considers it, not az an essential, but an adventitious part of the word; deeming it sufficient to derive the word from parler, to speak. This opinion he receives from Lambard.
Such a definition, with great deference to theze venerable authorities, iz a disgrace to etymology. Coke waz a great lawyer, and Johnson a good Latin and Greek scholar; but neether of them waz versed in the Teutonic language and institutions, where alone we should look for the origin of our laws and the English constitution. Johnson indeed waz a mere compiler of other mens etymologies, and Cowel, Selden, Junius and others from whom he copied, tho deeply lerned, sometimes fell into very whimsical mistakes. I am bold to assert that the English derivation of parliament, or parlement from the French parler, haz no better authority than a mere whim or notion of theze writers. We might az well derive parler from parliament, and both from a parcel of gossips, because they are loquacious.
The true etymology of the word iz par, or bar, a landholder or baron, and le mote, the meeting. I say mote, for this waz the Saxon spelling of the word, after the prepositiv ge waz dropped. It waz originally gemote, az in witena-gemote; afterwards the ge waz disused, az in falk-mote. What the original French orthography waz, I am not certain; but the word came to England from France, and we find the French article prefixed, par-le-ment; a meeting of the barons. The same sound waz used in Germany, Burgundy, and other parts of Europe, and in all, it had the same meening, which it, in some mesure, retains in France to this day.
The commune concilium of England, before the conquest, consisted of the witena, or wise men. It retained the name of witena-gemote, til after the Norman invasion. It iz perhaps impossible, at this distance of time, to ascertain exactly the manner of summoning this national assembly, or whether the commons or lesser nobility were entitled to a seet. In old charters, the king iz said to hav passed laws by advice of the archbishops, bishops, abbots, erls and wise men of the relm; seniorum sapientium populi. But we are not able to determin whether theze seniores sapientes were admitted on account of their age and wisdom; or whether possession of real estate waz a requisit qualification. So much iz certain, that in France and Germany, where we first heer of parliaments, all the barons, that iz, all the nobility, were entitled to a seet in the national council, in right of their baronys; and this iz asserted to hav been the case in England.[82] This fact, so well attested in history az to be undeniable, ought long ago to hav led the critical enquirer to the true origin of the French word, parlement. The name of parliament took its rise under the feudal system, when the assembly of men, so called, consisted solely of barons or bars. It iz from this circumstance that the provincial assemblies of France are properly denominated parliaments. The erly Norman princes, who introduced the name into England, summoned none to their council but the clergy and nobility, and sometimes a few only of the greater barons. The house of lords iz strictly a parliament, according to the original of the word, altho since the commons hav made a part of the legislature, the name iz extended to the whole body.
The word peer iz said to be derived from the Latin par equal; and this circumstance haz been the occasion of innumerable encomiums on the English trial by peers. So far az equality in the condition of judges and parties, iz an excellence in any judicial system, the present practice of trial by jury iz esteemable among a free peeple; for whatever may be the origin of the word peer, a trial by men of the naborhood may often proov a capital security against a court devoted to party. But it iz at least doubtful whether peers, az used for jurors, came from the Latin par; for it iz almost certain that the word peer, az used for nobles, iz derived from the German par, a landholder, and this iz undoubtedly the tru primitiv sense of the word. That there waz such a word in ancient Germany, iz unquestionable; and paramount, which signifies the lord of highest rank, iz from the same root; par-amount, the par or baron above the rest. The jurists on the continent latinized the word, calling the lords pares; and this, in later ages, waz mistaken for the plural of the Latin par.
Az the pares or barons claimed almost exclusiv jurisdiction over their manors, and held courts of justice, ether in person or by their bailiffs, they came to be considered az the supreme judges in the last resort of all civil and criminal causes. Pares or barons became equivalent to judges. Hence the house of peers in England iz the supreme judicatory of the nation. Hence the parliaments (meetings of peers) in France are supreme courts of justice.
Twelv waz a favorit number with our Saxon ancestors, and the king, or lord paramount, with twelv judges, constituted the supreme court or council among the ancient Germans. It will hardly be considered a digression to examin this institution with more attention; for if I mistake not, the rudiments of it are visible az far back az the Christian era; or even az the Gothic migrations to the west and north of Europe.
In the Edda, or system of Gothic mythology, compiled by Snorro Sturleson, supreme judge of Iceland, about the year 1220, we may discern the principles which would naturally giv rise to the practice of trial by twelv men. The Edda will indeed be said to be a collection of fables. To this I answer, fable iz generally, perhaps always, founded on fact; whatever additions may be made in a course of time by imperfect tradition. The Edda iz acknowledged to contain an authentic account of the opinions of the northern nations at the time it waz written. This iz all I ask.
Snorro, and Torfæus the historian of the north, inform us that even in Scythia, "Odin, the supreme god of the Goths, performed the functions of cheef preest, assisted by twelv pontiffs, who distributed justice."[83]
Let us attend to a fact confirming the account. Mallet, a historian of credit, testifies that the hall or seet of justice, may be stil seen in different parts of Sweden and Denmark. "Theze monuments, whoze rude bulk haz preserved them from the ravages of time, are only vast unhewn stones, commonly twelv in number, set upright, and placed in form of a circle. In the middle iz a stone, much larger than the rest, on which they made a seet for their king. The other stones served az a barrier to keep off the populace, and marked the place of thoze whom the peeple had appointed to make the election (of king.) They treeted also in the same place of the most important affairs."[84] There iz one neer Lunden,[85] in Scania, another at Leyra, in Zealand, and a third neer Viburg, in Jutland.