Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
The conditions existing before the Barons exacted from King John the
various guaranties of the Great Charter are known to all readers of
English History. The reasons why they stipulated that “Right shall
not be sold, delayed or denied”; that the king should only appoint
“justiciaries, sheriffs and bailiffs, of such as know the law of the land
and are disposed duly to observe it” is emphasized by a consideration of
the many highhanded proceedings that the people of that long suffering
country had been subjected to before this Great Charter of liberty was
exacted from King John. (I. Reeve’s History English Law, 471, 472.)
[41] I. Pollock and Maitland’s History English Law, p. 204.
[42] _Ante idem._ p. 204.
[43] _Ante idem._
[44] Cnut, ii, 15, sec. 2; Edgar 1, 3; Brunner, D. R. G. ii, 356, 365;
II. Pollock and Maitland’s History English Law, 666.
[45] II. Pollock and Maitland’s History English Law, 667.
[46] Note Book, Pl. 1412; Glanvill, viii, 9; Edgar, iii, 3; Cnut, ii, 15;
Leg. Will. I., 39, sec. 1, II. Pollock and Maitland’s History English Law,
p. 667.
[47] Note Book, Pl. 67; Note Book, Pl. 1166; II. Pollock and Maitland’s
History English Law, p. 668.
[48] II. Pollock and Maitland’s History English Law, p. 672; Bracton, f.
186.
[49] Verplanck.
[50] I. George III., c. 23.
It has long been axiomatic, in England, that the Crown even, cannot
interfere with the disinterested performance of its powers, by the
judiciary. 2 Hawk. P. C. 2.
[51] Yates vs. Lansing (N. Y.), 5 Johns xx. 282; Hamilton vs. Williams,
26 Ala. 527.
[52] State vs. Graves, 8 Mo. 148; 40 Am. Dec. 131; Stone vs. Augusta, 46
Me. 127; Revill vs. Pettit, 60 Ky. 314; Reed vs. Conway, 20 Mo. 22; Gault
vs. Wallace, 53 Ga. 675; Cope vs. Rainey, 49 Tenn. (2 Heisk.) 197.
[53] U. S. Con. Art. III., sec. 1.
[54] See Paper “The Judiciary and Public Sentiment,” read before Mo. Bar.
Assn. at St. Joseph, Mo., September, 1906, Proc. 24’ Annual Meeting of
Association.
[55] See interesting article on “Recall of Judges,” by Albert Fink, in
North American Review, vol. 193, p. 680.
The Massachusetts Bill of Rights, adopted in 1780 declares:
“It is the right of every citizen to be tried by judges as free,
impartial and independent as the lot of humanity will admit.” Would that
more of the States had followed this lead of the Great Commonwealth of
Massachusetts.
[56] Upon this subject, Dr. Fiske observed: “It was Georgia that, in
1812, set the bad example of electing judges for short terms by the
people, a practice which is responsible for much of the degradation that
courts have suffered in many of our states and which will have to be
abandoned before a proper administration of justice can ever be secured.”
[57] Thorpe’s American Charters, Constitutions and Organic Laws.
Public-domain text, read in full here on John Shaqi.
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