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Updated: June 5, 2025
I think we must also infer that the king's justices could sit only in the three actions specially mentioned. We cannot go beyond the letter of Magria Carta, in making innovations upon the common law, which required all presiding officers in jury trials to be elected by the people. Same, p. 2, note. "Every ward had its proper alderman, who was chosen, and not imposed by the prince."
"God have mercy on our souls, for our bodies are Sir Edward's," he had said; and he died bravely on the field of battle. Edward brought his father back to reign in all honor, but he took the whole management of the kingdom, and soon set things in order again taking care that Magna Carta should be properly observed.
The next invasion of the common law, in this particular, was made in 1414, about two hundred years after Magna Carta, when it was enacted: "That no person shall be admitted to pass in any inquest upon trial of the death of a man, nor in any inquest betwixt party and party in plea real, nor in plea personal, whereof the debt or the damage declared amount to forty marks, if the same person have not lands or tenements of the yearly value of forty shillings above all charges of the same." 2 Henry V., st. 2, ch. 3.
The answer to this objection is, that, since Magna Carta, judges have had more than six centuries in which to invent and promulgate pretended maxims to suit themselves; and this is one of them. Instead of expressing the law, it expresses nothing but the ambitious and lawless will of the judges themselves, and of those whose instruments they are.
The work of usurpation, therefore, though seriously checked, still went on, to a great extent, after Magna Carta. Innovations upon the Law of the Land are still made by the government.
Therefore, the one problem before the European Congress is to establish government in Europe on a constitutional and democratic basis, and to grant a Magna Carta to all nations, great and small. The establishment of such a government, and not any annexations or compensations, would alone guarantee a permanent peace.
This was one reason, doubtless, why Magna Carta made juries, in civil suits, paramount to all instructions of the king's judges.
Above the Noah group is the Angel Raphael. The gateway of the palace the Porta della Carta was designed by Giovanni and Bartolommeo Bon, father and son, in the fourteen thirties and forties. At the summit of the portal is Justice once more, with two attendant lions, cherubs climbing to her, and live pigeons for ever nestling among them.
It is enough for us to know and this is what is material for us know that the jury fixed the punishments, in all cases, unless they were fixed by the common law; that Magna Carta allowed no punishments to be prescribed by statute that is, by the legislative power nor in any other manner by the king, or his judges, in any case whatever; and, consequently, that all statutes prescribing particular punishmnts for particular offences, or giving the king's judges any authority to fix punishments, were void.
Now observe, reader. The face of the palace, from this point to the Porta della Carta, was built at the instance of that noble Doge Mocenigo beside whose tomb you have been standing; at his instance, and in the beginning of the reign of his successor, Foscari; that is to say, circa 1424.
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