The question of "disseisin, or not," was a question of law, as
well as fact. This statute, therefore, admits that the law, as
well as the fact, was in the hands of the jury. The statute is
nevertheless void, because the king had no authority to give
jurors a dispensation from the obligation imposed upon them by
their oaths and the "law of the land," that they should "make
known the truth according their (own) consciences." This they
were bound to do, and there was no power in the king to absolve
them from the duty. And the attempt of the king thus to absolve
them, and authorize them to throw the case into the hands of the
judges for decision, was simply an illegal and unconstitutional
attempt to overturn the "law of the land," which he was sworn to
maintain, and gather power into his own hands, through his
judges. He had just as much constitutional power to enact that
the jurors should not be compelled to declare the facts, but that
they might leave them to be determined by the king's judges, as
he had to enact that they should not be compelled to declare the
law, but might leave it to be decided by the king's judges. 122
It was as much the legal duty of the jury to decide the law as to
decide the fact; and no law of the king could affect their
obligation to do either. And this statute is only one example of
the numberless contrivances and usurpations which have been
resorted to, for the purpose of destroying the original and
genuine trial by jury.
[1] Marches, the limits, or boundaries, between England and
Wales.
[2] That the kings would have had no scruples to enact laws for
the special purpose of plundering the people, by means of the
judgments of juries, if they could have got juries to acknowledge
the authority of their laws, is evident from the audacity with
which they plundered them, without any judgments of juries to
authorize them.
It is not necessary to occupy space here to give details as to
these robberies; but only some evidence of the general fact.
Hallam says, that "For the first three reigns (of the Norman
kings) * * the intolerable exactions of tribute, the rapine of
purveyance, the iniquity of royal courts, are continually in the
mouths of the historians. ' God sees the wretched people,' says
the Saxon Chronicler, 'most unjustly oppressed; first they are
despoiled of their possessions, and then butchered.' This was a
grievous year (1124). Whoever had any property, lost it by heavy
taxes and unjust decrees." 2 Middle Ages, 435-6.
"In the succeeding reign of John, all the rapacious exactions
usual to these Norman kings were not only redoubled, but mingled
with outrages of tyranny still more intolerable.
"In 1207 John took a seventh of the movables of lay and spiritual
persons, all murmuring, but none daring to speak against it."
Ditto, 446.
In Hume's account of the extortions of those times, the following
paragraph occurs:
Public-domain text, read in full here on John Shaqi.
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