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"Oh!" he exclaimed, "the blessed day in England, when the Word of God shall be their Magna Carta and chief law book, and all lawyers must be divines to study the Scripture."
The palace has seventeen main arches on the sea facade, eighteen on the Piazzetta side, which in all are of course carried by thirty-six pillars; and these pillars I shall always number from right to left, from the angle of the palace at the Ponte della Paglia to that next the Porta della Carta. I number them in this succession, because I thus have the earliest shafts first numbered.
But the tottering footsteps of the old man who held her hand as he led her through the Porta della Carta into the Ducal Palace, awoke her inborn sense of pity, and it was she who upheld him with her strong, young, vital clasp, recovering her own perfect poise in the act of giving help.
The trial by battle was one in which the accused challenged his accuser to single combat, and staked tbe question of his guilt or innocence on the result of the duel. This trial was introduced into England by the Normans, within one hundred and fifty years before Magna Carta.
Sir Thomas Smith, Secretary of State to queen Elizabeth, writing more than three hundred years after Magna Carta, in describing the difference between the Civil Law and the English Law, says: "Judex is of us called Judge, but our fashion is so divers, that they which give the deadly stroke, and either condemn or acquit the man for guilty or not guilty, are not called judges, but the twele men.
Sometimes the punishment itself is called judicium, judgment; or, rather, it was at the time of Magna Carta. For example, in a statute passed fifty-one years after Magna Carta, it was said that a baker, for default in the weight of his bread, " debeat amerciari vel subire judicium pillorie;" that is, ought to be amerced, or suffer the punishment, or judgment, of the pillory.
He founded a parliament in a fit of considerable absence of mind; but it was with true presence of mind, in the responsible and even religious sense which had made his father so savage a Crusader against heretics, that he laid about him with his great sword before he fell at Evesham. Magna Carta was not a step towards democracy, but it was a step away from despotism.
Pecuniary punishments were the most common punishments at that day, and the foregoing provisions of Magna Carta show that the amount of those punishments was to be fixed by the jury. Fines went to the king, and were a source of revenue; and if the amounts of the fines had been left to be fixed by the king, he would have had a pecuniary temptation to impose unreasonable and oppressive ones.
So when little Henry had been crowned at Gloucester, with his mother's bracelet, swearing to rule according to Magna Carta, and good Hubert de Burgh undertook to govern for him, one baron after another came back to him.
The Latin, Articuli inserti in magna carta, given by Hemingburgh, ii., 152, is quoted as a statute in the Petition of Right of 1628, under the title De tallagio non concedendo. The view of its relation to the French Confirmatio cartavum is that taken by M. Bémont, Chartes des libertés anglaises, especially pp. xliii., xliv. and 87.
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