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Updated: June 7, 2025
The word "legale," in the phrase "per legale judicium parium suorum,"doubtless means two things.1. That the sentence must be given in a legal manner; that is, by the legal number of jurors, legally empanelled and sworn to try the cause; and that they give their judgment or sentence after a legal trial, both in form and substance, has been had. 2.
Speaking of the trial by jury, as established by Magna Carta, he calls it, "A privilege which is couched in almost the same words with that of the Emperor Conrad two hundred years before: 'nemo beneficium suum perdat, nisi secundum consuetudinem antecessorum nostrorum, et, judicium parium suorum. The difference between this reading and the other is important.
The chapter guaranteeing the trial by jury is in these words: "Nullus liber homo capiatur, vel imprisonetur, aut disseisetur, aut utlagetor, aut exuletur, aut aliquo modo destruatur; nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae." "Nec super eum ibimus, nec super eum mittemus."
He concluded with saying, "We know at present on what ground we stand; by the statute of Edward III. we know what treason is; by the two statutes of Edward VI. and the late act, we know what is proof; by the Magna Charta we know we are to be tried per legem terræ el per judicium parium, by the law of the land and the judgment of our peers; but if bills of attainder come into fashion, we shall neither know what is treason, what is evidence, nor how nor where we are to be tried."
Anxious to meet Pharnabazus and make sure of his bribe, Anaxibius impressed his parting injunction upon Aristarchus to sell for slaves all the Cyreians whom he might find at Byzantium on his arrival, and then pursued his voyage along the southern coast of the Propontis to Parium.
Of this Blackstone says: "The trial by jury, or the country, per patriam, is also that trial by the peers of every Englishman, which, as the grand bulwark of his liberties, is secured to him by the Great Charter; nullus liber homo capiatur, vel imprisonetur, aut exuletur, aut aliquo modo destruatur, nisi per legale judicial parium suorum, vel per legem terrae.
He provided him with an armed vessel of thirty oars to cross over from Parium to Perinthus, sending over a peremptory order to the Perinthians to furnish him with horses in order that he might reach the army with the greatest speed. Perhaps it would not have been safe for Xenophon to disobey this order, under any circumstances.
Enough remains to overwhelm us with astonishment, and furnish materials for the study of years. The white marbles of Greece were the first introduced into Rome. Paros supplied the earliest specimens, and long held a monopoly of the trade. Marmor Parium, or Marmo Greco duro, as it is called by the modern Italians, is the very flower and consummation of the rocks.
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