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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


It was seen that to allow the king's judges to dictate the law to
the jury would be equivalent to making the legislation of the
king imperative upon the jury.
Another reason why the people did not wish juries, in civil
suits, to take their law from the king's judges, doubtless was,
that, knowing the dependence of the judges upon the king, and
knowing that the king would, of course, tolerate no judges who
were not subservient to his will, they necessarily inferred; that
the king's judges would be as corrupt, in the administration of
justice, as was the king himself, or as he wished them to be. And
how corrupt that was, may be inferred from the following
historical facts.
Hume says:
"It appears that the ancient kings of England put themselves
entirely upon the footing of the barbarous Eastern princes, whom
no man must approach without a present, who sell all their good
offices, and who intrude themselves into every business that they
may have a pretence for extorting money.


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