Hume calls the Trial by Jury "An institution admirable in itself,
and the best calculated for the preservation of liberty and the
administration of justice, that ever was devised by the wit of
man." [11]
An old book, called "English Liberties," says:"English
Parliaments have all along been most zealous for preserving this
Great Jewel of Liberty, Trials by Juries having no less than
fifty-eight several times, since the Norman Conquest, been
established and confirmed by the legislative power, no one
privilege besides having been ever so often remembered in
parliament."{12]
[1] Mackintosh's Hist. of Eng., ch. 3. 45 Lardner's Cab. Cyc.,
354.
[2] "Forty shilling freeholders" were those "people dwelling and
resident in the same counties, whereof every one of them shall
have free land or tenement to the value of forty shillings by the
year at the least above all charges." By statute 8 Henry 6, ch.
7, (1429,) these freeholders only were allowed to vote for
members of Parliament from the counties.
[3] He probably speaks in its favor only to blind the eyes of the
people to the frauds he has attempted upon its true meaning.
[4] It will be noticed that Coke calls these confirmations of the
charter "acts of parliament," instead of acts of the king alone.
This needs explanation.
It was one of Coke's ridiculous pretences, that laws anciently
enacted by the king, at the request, or with the consent, or by
the advice, of his parliament, was "an act of parliament,"
instead of the act of the king. And in the extracts cited, he
carries this idea so far as to pretend that the various
confirmations of the Great Charter were "acts of parliament,"
instead of the acts of the kings. He might as well have pretended
that the original grant of the Charter was an "act of parliament;
"because it was not only granted at the request, and with the
consent, and by the advice, but on the compulsion even, of those
who commonly constituted his parliaments. Yet this did not make
the grant of the charter "an act of parliament." It was simply an
act of the king.
The object of Coke, in this pretence, was to furnish some color
for the palpable false- hood that the legislative authority,
which parliament was trying to assume in his own day, and which
it finally succeeded in obtaining, had a precedent in the ancient
constitution of the kingdom.
There would be as much reason in saying that, because the ancient
kings were in the habit of passing laws in special answer to the
petitions of their subjects, therefore those petitioners were a
part of the legislative power of the kingdom.
Public-domain text, read in full here on John Shaqi.
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