Besides, if his laws were to be authoritative with the jury, why should
John indignantly refuse, as at first he did, to grant the charter, (and
finally grant it only when brought to the last extremity,) on the ground
that it deprived him of all power, and left him only the name of a king?
_He_ evidently understood that the juries were to veto his laws, and
paralyze his power, at discretion, by forming their own opinions as to
the true character of the offences they were to try, and the laws they
were to be called on to enforce; and that "_the king wills and
commands_" was to have no weight with them contrary to their own
judgments of what was intrinsically right.[13]
The barons and people having obtained by the charter all the liberties
they had demanded of the king, it was further provided by the charter
itself that twenty-five barons should be appointed by the barons, out of
their number, to keep special vigilance in the kingdom to see that the
charter was observed, with authority to make war upon the king in case
of its violation. The king also, by the charter, so far absolved all the
people of the kingdom from their allegiance to him, as to authorize and
require them to swear to obey the twenty-five barons, in case they
should make war upon the king for infringement of the charter. It was
then thought by the barons and people, that something substantial had
been done for the security of their liberties.
This charter, in its most essential features, and without any abatement
as to the trial by jury, has since been confirmed more than thirty
times; and the people of England have always had a traditionary idea
that it was of some value as a guaranty against oppression. Yet that
idea has been an entire delusion, unless the jury have had the right to
judge of the justice of the laws they were called on to enforce.
SECTION II.
_The Language of Magna Carta._
The language of the Great Charter establishes the same point that is
established by its history, viz., that it is the right and duty of the
jury to judge of the justice of the laws.
The chapter guaranteeing the trial by jury is in these words:
"Nullus liber homo capiatur, vel imprisonetur, aut disseisetur, aut
utlagetur, aut exuletur, aut aliquo modo destruatur; nec super eum
ibimus, nec super eum mittemus, nisi per legale judicium parium
suorum, vel per legem terræ."[14]
The corresponding chapter in the Great Charter, granted by Henry III.,
(1225,) and confirmed by Edward I., (1297,) (which charter is now
considered the basis of the English laws and constitution,) is in nearly
the same words, as follows:
"Nullus liber homo capiatur, vel imprisonetur, aut disseisetur de
libero tenemento, vel libertatibus, vel liberis consuetudinibus suis,
aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super
eum ibimus, nec super eum mittemus, nisi per legale judicium parium
suorum, vel per legem terræ."
Public-domain text, read in full here on John Shaqi.
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