punishment, but for self-protection, and the maintenance of order
that the court should exercise the power of excluding a person, for
the time being, from the court-room; but there is no reason why
they should proceed to sentence him as a criminal, without his
being tried by a jury.

If the people wish to have their rights respected and protected in
courts of justice, it is manifestly of the last importance that they
jealously guard the liberty of parties, counsel, witnesses, and
jurors, against all arbitrary power on the part of the court.

Certainly Mr. Hallam may very well say that "one may doubt
whether these (the several eases he has mentioned) were in
contemplation of the framers of Magna Carta " that is, as
exceptions to the rule requiring that all judgmcnts, that are to be
enforced "against a party's goods or person,", be rendered by a jury.

Again, Mr. Hallam says, if the word vel, be rendered by and,, "the
meaning will be, that no person shall be disseized, &c., except
upon a lawful cause of action.", This is true; but it does not follow
that any cause of action, founded on statute only,, is therefore a
"lawful, cause of action," within the meaning of legem terrae, , or
the Common Law., Within the meaning of the legem terrae, of
Magna Carta, nothing but a common law, cause of action is a
"lawful", one.


CHAPTER III. ADDITIONAL PROOFS OF THE RIGHTS AND
DUTIES OF JURORS