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Let him drive home with me at my expense; we will go through all papers and search for instruments and bring everything that savours of suspicion back to this office, together with my passport which I never carry on my person. This, meanwhile, is my carta di soggiorno." The document was in order. Still he hesitated.
Of this charter, respecting the pittance of 100l assigned to furnish the monks of Melrose with a daily mess of boiled rice, almonds, or other pulse, to mend their commons, the antiquarian reader will be pleased, doubtless, to see the original. Carta de Pitancia Centum Librarum. Robertus Dei gracia Rex Scottorum omnibus probis hominibus tocius terre sue Salutem.
Yet that idea has been an entire delusion, unless the jury have had the right to judge of the justice of the laws they were called on to enforce. The Language of Magna Carta The language of the Great Charter establishes the same point that is established by its history, viz., that it is the right and duty of the jury to judge of the justice of the laws.
Still, Magna Carta, like all other written constitutions, proved inadequate to the full accomplishment of its purpose; for when did a parchment ever have power adequately to restrain a government, that had either cunning to evade its requirements, or strength to overcome those who attempted its defence?
The tradition of English restrictions upon royal power centered in the old document of Magna Carta and in an ancient institution called Parliament. Its most important provisions, by which the king could not levy extraordinary taxes on the nobles without the consent of the Great Council, furnished something of a basis for the idea of self-taxation.
"Thank you: many thanks," replied the colonel, with an expression of disappointment. "Then I had better prepare the letter?" "Carta por senhor commandante," interrupted a Portuguese, presenting a letter to the colonel; "O senhor embaixo; queir risposta." The colonel opened the letter, which contained Mr Sullivan's challenge, pistols to-morrow morn, at daylight one mile on the road to Machico.
The first statute of Westminster, passed sixty years after Magna Carta, treats the fine and amercement as synonymous, as follows.
So that Magna Carta does not require any judgment whatever to be executed so far as to take a party's goods, rights, or person, thereon unless it be concurred in by both court and jury.
Nevertheless, we may, for the sake of the argument, suppose the existence of a practical, if not legal, necessity, for executing some judgment or other, in cases where juries persist in disagreeing with the courts. In such cases, the principle of Magna Carta unquestionably is, that the uniform judgments of successivejuries shall prevail over the opinion of the court.
Indeed, if there is a rumor that Milton died in a neighboring town, or a treaty of consequence was signed close by, choose another path! Let neither Oliver Cromwell nor the Magna Carta deflect your course! One of my finest walks was on no better advice than the avoidance of a celebrated shrine.