The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
Without needlessly multiplying quotations from our great constitutional
writers, it is impossible to convey to my readers an adequate notion of
the strictness of meaning of the one expression in Magna Charta, “We
will destroy no one unless by the judgment of his peers.” It is by the
great lawyers interpreted to mean, that no proceeding of any kind
whatever of a compulsory nature shall be permitted on the person of any
one except after jury trial. Blackstone and others, to make the matter
more plain, minutely define those cases in which alone this prohibition
of Magna Charta may be set aside, viz., in the punishment of young
children by their parents, and of pupils by their masters, but even
these were to be kept within the bounds of decency and humanity. I will
only quote the words of De Lolme[18] on this subject: “Thus it was made
one of the articles of Magna Charta, that the executive power should
_not touch the person of the subject_, but in consequence of a judgment
passed upon him by his peers; and so great was afterwards the general
union in maintaining this law, that the trial by jury which so
effectually secures the subject against all the attempts of power, even
against such as may be made under the sanction of the judicial
authority, hath been preserved till this day.”
In the clause of Magna Charta upon which we have dwelt, the words “per
legem terræ” (by the law of the land) occur. It might be supposed by a
rude observer that these words were meant to refer to something other
than jury trial, and might perhaps include such Acts of Parliament as
those which we reprobate. The various clauses of Magna Charta have been
elucidated and confirmed no less by subsequent enactments than by famous
State trials, which have led to clear definitions of what is to be
understood by each clause. Among the clauses thus confirmed and
elucidated, there has been none more dwelt upon than that “per legem
terræ,” the contentions over which single expression have served again
and again to confirm and securely establish the liberties of England. It
is in the light of these subsequent confirmations and elucidations that
great lawyers are enabled to read the words of Magna Charta with a
certainty which could never have otherwise been attached to them, and to
give to every word of that charter a fulness of meaning which cannot be
gathered from a study of the text alone.
Public-domain text, read in full here on John Shaqi.
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