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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

This supposition is the
more probable, from the fact that I find no statute prescribing a
change in the form of the oath until 1688.
That Magna Carta was considered as embodying "the law of
the land," or "common law," is shown by a statute passed by
Edward I., wherein he "grants," or concedes,
"That the Charter of Liberties and the Charter of the Forest
* * shall be kept in every point, without breach, * * and that our
justices, sheriffs, mayors, and other ministers, which, under
us, have the laws of our land [32] to guide, shall allow the said
charters pleaded before them in judgment, in all their points,
that is, to wit, the Great Charter as the Common Law, and the
Charter of the Forest for the wealth of the realm.
"And we will, that if any judgment be given from henceforth,
contrary to the points of the charters aforesaid, by the justices, or
by any other our ministers that hold plea before them against
the points of the charters, it shall be undone, and holden for
naught.


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