In order to judge of the object and meaning of that chapter of
Magna Carta which secures the trial by jury, it is to be borne in
mind that, at the time of Magna Carta, the king (with exceptions
immaterial to this discussion, but which will appear hereafter)
was, constitutionally, the entire government; the sole legislative,
judicial, and executive power of the nation. The executive and
judicial officers were merely his servants, appointed by him, and
removable at his pleasure. In addition to this, "the king himself
often sat in his court, which always attended his person. He there
heard causes, and pronounced judgment; and though he was
assisted by the advice of other members, it is not to be imagined
that a decision could be obtained contrary to his inclination or
opinion."[1] Judges were in those days, and afterwards, such abject
servants of the king, that "we find that King Edward I. (1272 to
1307) fined and imprisoned his judges, in the same manner as
Alfred the Great, among the Saxons, had done before him, by the
sole exercise of his authority."[2]
Parliament, so far as there was a parliament, was a mere council of
the king.[3] It assembled only at the pleasure of the king; sat only
during his pleasure; and when sitting had no power, so far as
general legislation was concerned, beyond that of simply advising
the king. The only legislation to which their assent was
constitutionally necessary, was demands for money and military
services for extraordinary occasions. Even Magna Carta itself
makes no provisions whatever for any parliaments, except when
the king should want means to carry on war, or to meet some other
extraordinary necessity.[4] He had no need of parliaments to raise
taxes for the ordinary purposes of government; for his revenues
from the rents of the crown lands and other sources, were ample
for all except extraordinary occasions. Parliaments, too, when
assembled, consisted only of bishops, barons, and other great men
of the kingdom, unless the king chose to invite others.[5] There
was no House of Commons at that time, and the people had no
right to be heard, unless as petitioners.[6]
Public-domain text, read in full here on John Shaqi.
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