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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

With this qualification, the assertion in the text
is strictly correct that there is nothing in the whole chapter that
grants to the king, or his judges, any judicial power at all. The
chapter only describes and limits his executive power.
[13] See Blackstone'a Law Tracts, page 294, Oxford Edition
[14] These Articles of the Charter are given in Blackstone's
collection of Charters, and are also printed with the statutes of the
Realm. Also in Wilkins' Laws of the Anglo- Saxons, p. 350.
[15] Lingard says, " The words, ' We will not destroy him nor will
we go upon him, nor will we send upon him,' have been very
differently expounded by different legal authorities. Their real
meaning may be learned from John himself, who the next year
promised by his letters patent,... nec super eos per vim vel per
arma ibimus, nisi per legem regni nostri, vel per judicium parium
suorum in curia nostra, (nor will we go upon them by force or by
arms, unless by the law of our kingdom, or the judgment of their
peers in our court.


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