_Thirdly._ In the case of _Lee_ v. _Lee_ (8 Peters, 44), on a question whether "the value in controversy" was "one thousand dollars or upwards," it was objected, that the appellants, who were petitioners for Freedom, were not of the value of one thousand dollars. But the Court said: "The matter in dispute is the Freedom of the petitioners.... _This is not susceptible of a pecuniary valuation...._ We entertain no doubt of the jurisdiction of the Court."[172] Of course, then, since Liberty is above price, the claim to any fugitive always and necessarily presumes that "the value in controversy exceeds twenty dollars." [172] The rule of the Roman law was explicit: _Neque humanum fuerit ob rei pecuniariæ quæstlonem libertati moram fieri._ This is a text of Ulpian (Digestorum Lib. XL. Tit. V., _De Fideicommissariis Libertartibus_, 37). In the same spirit is the mediæval verse,-- "Non bene pro toto libertas venditur auro." By these successive steps, sustained by judgments of the highest tribunal, it appears, as in a diagram, that the right of Trial by Jury is secured to the fugitive from service. This conclusion needs no additional authority; but it receives curious illustration from the ancient records of the Common Law, so familiar and dear to the framers of the Constitution. It is said by Mr. Burke, in his magnificent speech on Conciliation with America, that "nearly as many of Blackstone's Commentaries were sold in America as in England,"[173] carrying thither the knowledge of those vital principles of Freedom which were the boast of the British Constitution. Thus imbued, the earliest Continental Congress, in 1774, declared, "That the respective Colonies are entitled to the Common Law of England, and more especially to the great and inestimable privilege of being tried by their Peers of the Vicinage, according to the course of that law."[174] Amidst the troubles which heralded the Revolution, the Common Law was claimed as a birthright. [173] Works (ed. 1801), Vol. III. p. 55. [174] Declaration of Rights, October 14, 1774: Journals of Congress, Vol. I. p. 29.