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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


Besides, if his laws were to be authoritative with the jury, why
should John indignantly refuse, as at first he did, to grant the
charter, (and finally grant it only when brought to the last
extremity,) on the ground that it deprived him of all power, and
left him only the name of a king? He evidently understood that the
juries were to veto his laws, and paralyze his power, at discretion,
by forming their own opinions as to the true character of the
offences they were to try, and the laws they were to be called on to
enforce; and that "the king wills and commands" was to have no
weight with them contrary to their own judgments of what was
intrinsically right.[9]
The barons and people having obtained by the charter all the
liberties they had demanded of the king, it was further provided by
the charter itself that twenty-fie barons should be appointed by the
barons, out of their number, to keep special vigilance in the
kingdom to see that the charter was observed, with authority to
make war upon the king in case of its violation.


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