Charles I, King of England, 1600-1649; Great Britain -- History -- Charles I, 1625-1649
The second reason was, that in this court there was no jury. There had
never been juries employed in it from its earliest constitution. The
English had contrived the plan of trial by jury as a defense against
the severity of government. If a man was accused of crime, the judges
appointed by the government that he had offended were not to be
allowed to decide whether he was guilty or not. They would be likely
not to be impartial. The question of his guilt or innocence was to be
left to twelve men, taken at hazard from the ordinary walks of life,
and who, consequently, would be likely to sympathize with the accused,
if they saw any disposition to oppress him, rather than to join
against him with a tyrannical government. Thus the jury, as they said,
was a great safeguard. The English have always attached great value to
their system of trial by jury. The plan is retained in this country,
though there is less necessity for it under our institutions. Now, in
the Star Chamber, it had never been the custom to employ a jury. The
members of the court decided the whole question; and as they were
entirely in the interest of the government, the government, of
course, had the fate of every person accused under their direct
control.
The third reason consisted in the nature of the crimes which it had
always been customary to try in this court. It had jurisdiction in a
great variety of cases in which men were brought into collision with
the government, such as charges of riot, sedition, libel, opposition
to the edicts of the council, and to proclamations of the king. These
and similar cases had always been tried by the Star Chamber, and these
were exactly the cases which ought not to be tried by such a court;
for persons accused of hostility to government ought not to be tried
by government itself.
Public-domain text, read in full here on John Shaqi.
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