That the trial by jury is all that has been claimed for it in the preceding chapter, is proved both by the history and the language of the Great Charter of English Liberties, to which we are to look for a true definition of the trial by jury, and of which the guaranty for that trial is the vital, and most memorable, part. SECTION I. _The History of Magna Carta._ 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."[5] 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."[6] Parliament, so far as there was a parliament, was a mere _council_ of the king.[7] 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.[8] 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.[9] There was no House of Commons at that time, and the people had no right to be heard, unless as petitioners.[10]