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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

The plea being removed into the Royal
Court, the abbot acted with that prudence which so often calls
forth the praises of the monastic scribe. He gladly emptied
twenty marks of gold into the sleeve of the Confessor, (Edward,)
and five marks of gold presented to Edith, the Fair, encouraged
her to aid the bishop, and to exercise her gentle influence in
his favor. Alfric, with equal wisdom, withdrew from prosecuting
the hopeless cause, in which his opponent might possess an
advocate in the royal judge, and a friend in the king's consort.
Both parties. therefore, found it desirable to come to an
agreement." 1 Palgrave's Rise and Progress, &c;., p. 650.
But Magna Carta has another provision for the trial of civil
suits, that obviously had its origin in the corruption of the
king's judges. The provision is, that four knights, to be chosen
in every county, by the people of the county, shall sit with the
king's judges, in the Common Pleas, in jury trials, (assizes,) on
the trial of three certain kinds of suits, that were among the
most important that were tried at all.


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