The king also, by
the charter, so far absolved all the people of the kingdom from
their allegiance to him, as to authorize and require them to swear
to obey the twenty-five barons, in case they should make war upon
the king for infringement of the charter. It was then thought by the
barons and people, that something substantial had been done for
the security of their liberties.
This charter, in its most essential features, and without any
abatement as to the trial by jury, has since been confirmed more
than thirty times; and the people of England have always had a
traditionary idea that it was of some value as a guaranty against
oppression. Yet that idea has been an entire delusion, unless the
jury have had the right to judge of the justice of the laws they were
called on to enforce.
SECTION II.
The Language of Magna Carta
The language of the Great Charter establishes the same point that
is established by its history, viz., that it is the right and duty of the
jury to judge of the justice of the laws.
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