SECTION I
The History of Magna Carta.
In order to judge of the object and meaning of that chapter of
Magna Carta which secures the trial by jury, it is to be borne in
mind that, at the time of Magna Carta, the king (with exceptions
immaterial to this discussion, but which will appear hereafter)
was, constitutionally, the entire government; the sole legislative,
judicial, and executive power of the nation. The executive and
judicial officers were merely his servants, appointed by him, and
removable at his pleasure. In addition to this, "the king himself
often sat in his court, which always attended his person. He there
heard causes, and pronounced judgment; and though he was
assisted by the advice of other members, it is not to be imagined
that a decision could be obtained contrary to his inclination or
opinion."[1] Judges were in those days, and afterwards, such abject
servants of the king, that "we find that King Edward I. (1272 to
1307) fined and imprisoned his judges, in the same manner as
Alfred the Great, among the Saxons, had done before him, by the
sole exercise of his authority.
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