Hume, speaking of the Great Charter and the Charter of the
Forest, as they were confirmed by Henry III., in 1217, says:"Thus
these famous charters were brought nearly to the shape in which
they have ever since stood; and they were, during many
generations, the peculiar favorites of the English nation, and
esteemed the most sacred rampart to national liberty and
independence. As they secured the rights of all orders of men,
they were anxiously defended by all, and became the basis, in a
manner, of the English monarchy, and a kind of original contract,
which both limited the authority of the king and ensured the
conditional allegiance of his subjects. Though often violated,
they were still claimed by the nobility and people; and, as no
precedents were supposed valid that infringed them, they rather
acquired than lost authority, from the frequent attempts made
against them in several ages, by regal and arbitrary power."
Hume, ch. 12.
Mackintosh says, "It was understood by the simplest of the
unlettered age for whom it was intended. It was remembered by
them... For almost five centuries it was appealed to as the
decisive authority on behalf of the people... To have produced
it, to have preserved it, to have matured it, constitute the
immortal claim of England on the esteem of mankind. Her Bacons
arid Shakspeares, her Miltons and Newtons, with all the truth
which they have revealed, and all the generous virtues which they
have inspired, are of inferior value when compared with the
subjection of men and their rulers to the principles of justice;
if, indeed, it be not more true that these mighty spirits could
not have been formed except under equal laws, nor roused to full
activity without the influence of that spirit which the Great
Charter breathed over their forefathers." Mackintosh's Hist. of
Eng., ch. 3, [8]
Of the Great Charter, the trial by jury is the vital part, and
the only part that places the liberties of the people in their
own keeping. Of this Blackstone says:
"The trial by jury, or the country, per patriam, is also that
trial by the peers of every Englishman, which, as the grand
bulwark of his liberties, is secured to him by the Great Charter;
nullus liber homo capiatur, vel imprisonetur, aut exuletur, aut
aliquo modo destruatur, nisi per legale judicial parium suorum,
vel per legem terrae.
The liberties of England cannot but subsist so long as this
palladium remains sacred and inviolate, not only from all open,
attacks, which none will be so hardy as to make, but also from
all secret machinations which may sap and undermine it." [9]
"The trial by jury ever has been, and I trust ever will be,
looked upon as the glory of the English law... It is the most
transcendent privilege which any subject can enjoy or wish for,
that he cannot be affected in his property, his liberty, or his
person, but by the unanimous consent of twelve of his neighbors
and equals."[10]
Public-domain text, read in full here on John Shaqi.
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