Essay on the Trial By Jury by Lysander Spooner
page 27 of 350 (07%)
page 27 of 350 (07%)
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1307) fined and imprisoned his judges, in the same manner as
Alfred the Great, among the Saxons, had done before him, by the sole exercise of his authority."[2] Parliament, so far as there was a parliament, was a mere council of the king.[3] It assembled only at the pleasure of the king; sat only during his pleasure; and when sitting had no power, so far as general legislation was concerned, beyond that of simply advising the king. The only legislation to which their assent was constitutionally necessary, was demands for money and military services for extraordinary occasions. Even Magna Carta itself makes no provisions whatever for any parliaments, except when the king should want means to carry on war, or to meet some other extraordinary necessity.[4] He had no need of parliaments to raise taxes for the ordinary purposes of government; for his revenues from the rents of the crown lands and other sources, were ample for all except extraordinary occasions. Parliaments, too, when assembled, consisted only of bishops, barons, and other great men of the kingdom, unless the king chose to invite others.[5] There was no House of Commons at that time, and the people had no right to be heard, unless as petitioners.[6] Even when laws were made at the time of a parliament, they were made in the name of the king alone. Sometimes it was inserted in the laws, that they were made with the consent or advice of the bishops, barons, and others assembled; but often this was omitted. Their consent or advice was evidently a matter of no legal importance to the enactment or validity of the laws, but only inserted, when inserted at all, with a view of obtaining a more willing submission to them on the part of the people. The style of |
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