The law of the land was the consuetudinary lawbased on the customs and consent of John's subjects, and since they did not have Parliament in those times, this meant that neither the king nor the barons could make a law without the consent of the people. What Bork "Dreads" is simply freedom.
This is despite the fact that all court rooms in the District Court have jury boxes. The ruling in the Bushel's Case was that a jury could not be punished simply on account of the verdict it returned.
The trial by jury, then, gives to any and every individual the liberty, at any time, to disregard or resist any law whatever of the government, if he be willing to submit to the decision of a jury, the questions, whether the law be intrinsically just and obligatory?
The institution of trial by jury was ritually depicted by Aeschylus in the Eumenidesthe third and final play of his Oresteia trilogy. Promulgating his edicts amidst his peers and prelates, the king uses the language of command; but the theoretical prerogative was modified by usage, and the practice of the constitution required that the law should be accepted by the legislatures courts of the several kingdoms.
If a dispute arises over this, it shall be determined in the Marches by the judgement of their peers. If such a thing be claimed, it must be shown, for it cannot be prestmiied.
If a full jury and alternate jurors cannot be provided, the court may order the sheriff or other proper officer, at the request of the prosecutor, to summon without delay as many people as the court directs for the purpose of providing a full jury and alternate jurors.
The chapter only describes and limits his executive power. The Founders, dear Judge Bork, would regard this as a regime of military occupation and tyranny. A similar question was soon afterwards propounded to the persons drawn as jurors in the u ited States Circuit Court for the District of Massachusetts, by I Benjamin R.
He says that in civil suits the jury are "Sworn well and truly to try the issue between the parties; and a true verdict to give according to the evidence. The right of suffrage, therefore, and even a change of legislators, guarantees no change of legislation - certainly no change for the better.
Bork's reply to Lynch is tremendously revealing. It is uncertain whether the common law fixed the punishment of any offence whatever. Unless such be the right and duty of jurors, it is plain that, instead of juries being a "palladium of liberty "- a barrier against the tyranny and oppression of the government - they are really mere tools in its hands, for carrying into execution any injustice and oppression it may desire to have executed.
That he shall be imprisoned in the tower of London, during the king's pleasure. Men who dwell outside the forest henceforth need not come before our justiciars of the forest following a general summons, unless they are named in a plea or are sureties for any person or persons arrested for forest offences.
The govcrilrnelnt, therefore, consistently with the trial by jury, can exercise no powers over the people, or, what is the same thing, over the accused person, who represents the rights of the people, except such as substantially the whlole people of the country consent that it may exercise.Page [unnumbered] ï~~AN ESSAY ON THE TRIAL BY JURY Page [unnumbered] ï~~ Page [unnumbered] ï~~AN ESSAY ON TILE TRIAL B3Y JURY.
BY LYSANDER SPOONER. BOSTON: JOHN P. JEWETT AND COMPANY. CLEVELAND, O JEWEIT, PROCTOR & WORTHINGTON.
Online Library of Liberty. and free markets. A project of Liberty Fund, Inc. Advanced Search. Lysander Spooner, An Essay on the Trial by Jury  Also in the Library: Subject Search this title: Author: Lysander Spooner; Title Page Original Table of Contents or First Page.
Edition used: Lysander Spooner, An Essay on the Trial. Chapter 3 - Basic Concepts of Liens Lien -- Definition "Lien. A claim, encumbrance, or charge on property for payment of some debt, obligation or duty Qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act."Black's Law Dictionary, 6th Ed., p.
[emphasis added]. To properly understand the reason for the system of trial by jury one can do no better than to read Spooner's essay.
He covers the history of the concept and the proper role of the "judge" and the rights of the jury/5(14). Excerpt taken fromLysander Spooner, An Essay on the Trial by Jury (Boston, MA: John P.
Jewett & Company, ). So begins Spooner’s epic on the jury, its origins and history.
Spooner examines the history and powers of a jury, from the magna carta in King John’s time, to the practices in the 18th century. A classic work on law, Spooner argues that the decision of the jury is sovereign over the king’s law.Download