An Essay On The Trial By Jury by Lysander Spooner (free novel reading sites TXT) ๐
- Author: Lysander Spooner
Book online ยซAn Essay On The Trial By Jury by Lysander Spooner (free novel reading sites TXT) ๐ยป. Author Lysander Spooner
Cornwall, His Brother, Roger (Bigot) Earl Of Norfolk And
Suffolk;, Marshal Of England, Humphrey, Earl Of Hereford, Henry,
Earl Of Oxford, John, Earl Of Warwick, And Other Estates Of The
Realm Of England: We, Boniface, By The Mercy Of God Archbishop
Of
Canterbury, Primate Of All England, F. Of London, H. Of Ely, S.
Of Worcester, F. Of Lincoln, W. Of Norwich, P. Of Hereford, W. Of
Salisbury, W. Of Durham, R. Of Exeter, M. Of Carlisle, W. Of
Bath, E. Of Rochester, T. Of Saint David'S, Bishops, Appareled in
Pontificals, With Tapers Burning, Against The Breakers Of The
Church'S Liberties, And Of The Liberties Or Free Customs Of The
Realm Of England, And Especially Of Those Which Are Contained in
The Charter Of The Common Liberties Of The Realm, And The
Charter
Of The Forest, Have Solemnly Denounced the Sentence Of
Excommunication In this Form. By The Authority Of Almighty God,
The Father, The Son, And The Holy Ghost, And Of The Glorious
Mother Of God, And Perpetual Virgin Mary, Of The Blessed apostles
Peter And Paul, And Of All Apostles, Of The Blessed thomas,
Archbishop And Martyr, And Of All Martyrs, Of Blessed edward Of
England, And Of All Confessors And Virgins, And Of All The Saints
Of Heaven: We Excommunicate, Accurse, And From The Thresholds
(Liminibus) Of Our Holy Mother The Church, We Sequester, All
Those That Hereafter Willingly And Maliciously Deprive Or Spoil
The Church Of Her Right: And All Those That By Any Craft Or
Wiliness Do Violate, Break, Diminish, Or Change The Church'S
Liberties, Or The Ancient Approved customs Of The Realm, And
Especially The Liberties And Free Customs Contained in the
Charters Of The Common Liberties, And Of The Forest, Conceded by
Our Lord The King, To Archbishops, Bishops, And Other Prelates Of
England And Likewise To The Earls, Barons, Knights, And Other
Freeholders Of The Realm: And All That Secretly, Or Openly, By
Deed, Word, Or Counsel, Do Make Statutes, Or Observe Them Being
Made, And That Bring in customs, Or Keep Them When They Be
Brought In, Against The Said Liberties, Or Any Of Them, The
Writers And Counselors Of Said Statutes, And The Executors Of
Them, And A11 Those That Shall Presume To Judge According to
Them. All And Every Which Persons Before Mentioned, That
Wittingly Shall Commit Anything of The Premises, Let Them Well
Know That They Incur The Aforesaid Sentence, Ipso Facto, (I. E..
Upon The Deed being done.) And Those That Ignorantly Do So, And
Be Admonished, Except They Reform Themselves Within Fifteen Days
After The Time Of The Admonition, And Make Full Satisfaction For
That They Have Done, At The Will Of The Ordinary, Shall Be From
That Time Forth Included in the Same Sentence. And With The Same
Sentence We Burden All Those That Presume To Perturb The Peace Of
Chapter 11 (Authority Of Magna Carta) Pg 189Our Sovereign Lord The King, And Of The Realm. To The Perpetual
Memory Of Which Thing, We, The Aforesaid Prelates, Have Put Our
Seals To These Presents." Statutes Of The Realm, Vol. 1, P. 6.
Ruffhead'S Statutes, Vol. 1, P. 20.
One Of The Confirmations Of The Charters, By Edward I., Was By
Statute, In the 25Th Year Of His Reign, (1297,) In the Following
Terms. The Statute Is Usually Entitled. "Confirmatio
Cartarum,"(Confirmation Of The Charters.)
Ch. 1. "Edward, By The Grace Of God, King of England, Lord Of
Ireland, And Duke Of Guyan, To All Those That These Presents
Shall Hear Or See, Greeting. Know Ye, That We, To The Honor Of
Cod, And Of Holy Church, And To The Profit Of Our Realm, Have
Granted, For Us And Our Heirs, That The Charter Of Liberties, And
The Charter Of The Forest, Which Were Made By Common Assent Of
All The Realm, In the Time Of King henry Our Father, Shall Be
Kept In every Point Without Breach. And We Will That The Same
Charters Shall Be Sent Under Our Seal, As Well To Our Justices Of
The Forest, As To Others, And To All Sheriff'S Of Shires, And To
All Our Other Officers, And To All Our Cities Throughout The
Realm, Together With Our Writs, In the Which It Shall He
Contained, That They Cause The Aforesaid Charters To Be
Published, And To Declare To The People That We Have Confirmed
Them At All Points; And To Our Justices, Sheriffs, Mayors, And
Other Ministers, Which Under Us Have The Laws Of Our Land To
Guide, That They Allow The Same Charters, In all Their Points, In
Pleas Before Them, And In judgment; That Is, To Wit, The Great
Charter As The Common Law, And The Charter Of The Forest For The
Wealth Of Our Realm.
Ch. 2. "And We Will That If Any Judgment Be Given From Henceforth
Contrary To The Points Of The Charters Aforesaid By The Justices,
Or By Any Others Our Ministers That Hold Plea Before Them,
Against The Points Of The Charters, It Shall Be Undone And Holden
For Naught.
Ch. 3. "And We Will, That The Same Charters Shall Be Sent, Under
Our Seal, To Cathedral Churches Throughout Our Realms There To
Remain, And Shall Be Read Before The People Two Times In the
Year.
Ch. 4. "And That All Archbishops And Bishops Shall Pronounce The
Sentence Of Excommunication Against All Those That By Word, Deed,
Or Counsel, Do Contrary To The Foresaid Charters, Or That In any
Point Break Or Undo Them. And That The Said Curses Be Twice A
Year Denounced and Published by The Prelates Aforesaid. And If
The Same Prelates, Or Any Of Them, Be Remiss In the Denunciation
Of The Said Sentences, The Archbishops Of Canterbury And York-,
For The Time Being, Shall Compel And Distrain Them To Make The
Denunciation In the Form Aforesaid." St. 25 Edward I., (1297.).
Statutes Of The Realm, Vol. L, P. 123.
It Is Unnecessary To Repeat The Terms Of The Various
Chapter 11 (Authority Of Magna Carta) Pg 190Confirmations, Most Of Which Were Less Formal Than Those That
Have Been Given, Though Of Course Equally Authoritative. Most Of
Them Are Brief, And In the Form Of A Simple Statute, Or Promise,
To The Effect That "The Great Charter, And The Charter Of The
Forest, Shall Be Firmly Kept And Maintained in all Points." They
Are To Be Found Printed with The Other Statutes Of The Realm. One
Of Them, After Having "Again Granted, Renewed and Confirmed" The
Charters, Requires As Follows:
"That The Charters Be Delivered to Every Sheriff Of England Under
The King'S Seal, To Be Read Four Times In the Year Before The
People In the Full County," (That Is, At The County Court,) "That
Is, To Wit, The Next County (Court) After The Feast Of Saint
Michael, And The Next County (Court) After Christmas, And At The
Next County (Court) After Easter, And At The Next County (Court)
After The Feast Of Saint John " 28 Edward I., Ch. 1, (1300.) V
Lingard Says, "The Charter Was Ratified four Times By Henry Iii.,
Twice By Edward I., Fifteen Times By Edward Iii., Seven Times By
Richard Ii., Six Times By Henry Iv., And Once By Henry V.;"
Making thirty-Five Times In all. 3 Lingard, 50, Note, Philad.
Ed.
Coke Says Magna Carta Was Confirmed thirty-Two Times. Preface
To 2 Inst., P. 6.
Lingard Calls These "Thirty-Five Successive Ratifications" Of The
Charter, "A Sufficient Proof How Much Its Provisions Were
Abhorred by The Sovereign, And How Highly They Were Prized by The
Nation." 3 Lingard, 50.
Mackintosh Says, "For Almost Five Centuries (That Is, Until 1688)
It (Magna Carta) Was Appealed to As The Decisive Authority On
Behalf Of The People, Though Commonly So Far Only As The
Necessities Of Each Case Demanded." Mackintosh'S Hist. Of Eng.
Ch. 3. 45 Lardner'S Cab. Cyc., 221.
Coke, Who Has Labored so Hard To Overthrow The Most Vital
Principles Of Magna Carta, And Who, Therefore, Ought To Be
Considered good Authority When He Speaks In its Favor, [3] Says:
"It Is Called magna Carta, Not That It Is Great In quantity, For
There Be Many Voluminous Charters Commonly Passed, Specially In
These Later Times, Longer Than This Is; Nor Comparatively In
Respect That It Is Greater Than Charta De Foresta, But In respect
Of The Great Importance And Weightiness Of The Matter, As
Hereafter Shall Appear; And Likewise For The Same Cause Charta De
Foresta; And Both Of Them Are Called magnae Char- Tae Libertatum
Angliae, (The Great Charters Of The Liberties Of England.)
Chapter 11 (Authority Of Magna Carta) Pg 191
"And It Is Also Called charta Libertatum Regni, (Charter Of The
Liberties Of The Kingdom;) And Upon Great Reason It Is So Called
Of The Effect, Quia Liberos Facit, (Because It Makes Men Free.)
Sometime For The Same Cause (It Is Called) Communis Libertas,
(Common Liberty,) And Le Chartre Des Franchises, (The Charter Of
Franchises.)
"It Was For The Most Part Declaratory Of The Principal Grounds Of
The Fundamental Laws Of England, And For The Residue It Is
Additional To Supply Some Defects Of The Common Law.
"Also, By The Said Act Of 25 Edward I., (Called confirmatio
Chartarum,) It Is Adjudged in parliament That The Great Charter
And The Charter Of The Forest Shall Be Taken As The Common Law.
"They (Magna Carta And Carta De Foresta) Were, For The Most Part,
But Declarations Of The Ancient Common Laws Of England, To The
Observation And Keeping whereof, The King was Bound And Sworn.
"After The Making of Magna Charta, And Charta De Foresta, Divers
Learned men In the Laws, That I May Use The Words Of The Record,
Kept Schools Of The Law In the City Of London, And Taught Such As
Resorted to Them The Laws Of The Realm, Taking their Foundation
Of Magna Charta And Charta De Foresta.
"And The Said Two Charters Have Been Confirmed, Established, And
Commanded to Be Put In execution By Thirty-Two Several Acts Of
Parliament In all.
"This Appeareth Partly By That Which Hath Been Said, For That It
Hath So Often Been Confirmed by The Wise Providence Of So Many
Acts Of Parliament.
"And Albeit Judgments In the King'S Courts Are Of High Regard In
Law, And Judicia (Judgments) Are Accounted as Jurisdicta, (The
Speech Of The Law Itself,) Yet It Is Provided by Act Of
Parliament, That If Any Judgment Be Given Contrary To Any Of The
Points Of The Great Charter And Charta De Foresta, By The
Justices, Or By Any Other Of The King'S Ministers, &C;., It Shall
Be Undone, And Holden For Naught.
"And That Both The Said Charters Shall Be Sent Under The Great
Seal To All Cathedral Churches Throughout
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