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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

And that ye by yourself,
nor by other, privily nor apertly, maintain any plea or
quarrel hanging in the king's court, or elsewhere in the
country. And that ye deny no man common right by
the king's letters, nor none other man's, nor for none
other cause, and in case any letters come to you
contrary to the law,'" (that is, the "common law
" before mentioned,) "that ye do nothing by such
letters, but certify the king thereof, and proceed to
execute the law," (the "common law" before mentioned,)
"notwithstanding the same letters. And that ye shall
do and procure the profit of the king and of his crown,
with all things where ye may reasonably do the
same. And in case ye be from henceforth found in
default in any of the points aforesaid, ye shall be at the
king's will of body, lands, and goods, thereof to be
done as shall please him, as God you help and all
saints." 18 Edward III., st. 4. (1344.)
[30] That the terms "Law" and "Right," as used
in this statute, mean the common law, is shown
by the preamble, which declares the motive of
the statute to be that "the Law of the Land,
(the common law,) which we (the king) by our
oath are bound to maintain," may be the better
kept, &.


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