"But the most barefaced acts of tyranny and oppression were
practised against the Jews, who were entirely out of the
protection of the law, and were abandoned to the immeasurable
rapacity of the king and his ministers. Besides many other
indignities, to which they were continually exposed, it appears
that they were once all thrown into prison, and the sum of 66,000
marks exacted for their liberty. At another time, Isaac, the Jew,
paid alone 5100 marks", Brun, 3000 marks; Jurnet, 2000; Bennet,
500. At another, Licorica, widow of David, the Jew of Oxford, was
required to pay 6000 marks." Hume's Hist Eng., Appendix 2.
Further accounts of the extortions and oppressions of the kings
may be found in Hume's History, Appendix 2, and in Hallam's
Middle Ages, vol. 2, p. 435 to 446.
By Magna Carta John bound himself to make restitution for some
of the spoliations he had committed upon individuals "without the
legal judgment of their peers." See Magna Carta of John, ch.
60, 61, 65 and 66.
One of the great charges, on account of which the nation rose
against John, was, that he plundered individuals of their
property, "without legal judgment of their peers." Now it was
evidently very weak and short sighted in John to expose himself
to such charges, if his laws were really obligatory upon the
peers; because, in that case, he could have enacted any laws that
were necessary for his purpose, and then, by civil suits, have
brought the cases before juries for their "judgment," and thus
have accomplished all his robberies in a perfectly legal manner.
There would evidently have been no sense in these complaints,
that he deprived men of their property "without legal judgment of
their peers," if his laws had been binding upon the peers;
because he could then have made the same spoliations as well with
the judgment of the peers as without it. Taking the judgment of
the peers in the matter, would have been only a ridiculous and
useless formality, if they were to exercise no discretion or
conscience of their own, independently of the laws of the king.
It may here be mentioned, in passing, that the same would be true
in criminal mature, if the king's Laws were obligatory upon
juries.
As an illustration of what tyranny the kings would sometimes
practise, Hume says:
"It appears from the Great Charter itself, that not only John, a
tyrannical prince, and Richard, a violent one, but their father
Henry, under whose reign the prevalence of gross abuses is the
least to be suspected, were accustomed, from their sole
authority, without process of law, to imprison, banish, and
attaint the freemen of their kingdom." Hume, Appendix 2.
Public-domain text, read in full here on John Shaqi.
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