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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

War and
the administration of justice were provided for in the following
manner. The freemen, or the free-born adult male members of the
state who had not forfeited their political rights were
entitled to land of right, (until all the land was taken up,) on
condition of their rendering certain military and civil services,
to the state. The military services consisted in serving
personally as soldiers, or contributing an equivalent in horses,
provisions, or other military supplies. The civil services
consisted, among other things, in serving as jurors (and, it would
appear, as witnesses) in the courts of justice. For these services
they received no compensation other than the use of their lands.
In this way the state was sustained; and the king had no power to
levy additional burdens or taxes upon the people. The persons
holding lands on these terms were called freeholders in later
times freemen meaning free and full members of the state.
Now, as the principle of the system was that the freeholders held
their lands of the state, on the condition of rendering these
military and civil services as rents for their lands, the
principle implies that all the freeholders were liable to these
rents, and were therefore eligible as jurors.


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