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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


"Whereas before this time the peers of the land have been arrested
and imprisoned, and their temporalities, lands, and teneiments,
goods and cattels, asseized in the king's hands, and some put to
death without judgment of their peers: It is accorded and assented,
that no peer of the land, officer, nor other, because of his office,
nor of things touching his office, nor by other cause, shall be
brought in judgment to lose his temporalities, lands, tenements,
goods and cattels, nor to be arrested, nor imprisoned, outlawed,
exiled, nor forejudged, nor put to answer, nor be judged, but by
award (sentence) of the said peers in Parliament." 15 Edward III.,
st. 1, sec. 2.
Section 4, of the same statute provides,
"That in every Parliament, at the third day of every Parliament.
the king shall take in his hands the offices of all the ministers
aforesaid," (that is, "the chancellor, treasurer, barons, and
chancellor of the exchequer, the justices of the one bench and of
the other, justices assigned in the country, steward and chamberlain
of the king's house, keeper of the privy seal, treasurer of the
wardrobe, controllers, and they that be chief deputed to abide nigh
the king's son, Duke of Cornwall,") "and so they shall abide four
or five days; except the offices of justices of the one place or the
other, justices assigned, barons of exchequer; so always that they
and all other ministers be put to answer to every complaint; and if
default be found in any of the said ministers, by complaint or other
manner, and of that attainted in Parliament, he shall be punished
by judgment of the peers, and put out of his office, and another
convenient put in his place.


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