An Essay On The Trial By Jury - Lysander Spooner (epub e ink reader .TXT) 📗
- Author: Lysander Spooner
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Wardrobe, Controllers, And They That Be Chief Deputed To Abide Nigh
The King's Son, Duke Of Cornwall,") "And So They Shall Abide Four
Or Five Days; Except The Offices Of Justices Of The One Place Or The
Other, Justices Assigned, Barons Of Exchequer; So Always That They
And All Other Ministers Be Put To Answer To Every Complaint; And If
Default Be Found In Any Of The Said Ministers, By Complaint Or Other
Manner, And Of That Attainted In Parliament, He Shall Be Punished
By Judgment Of The Peers, And Put Out Of His Office, And Another
Convenient Put In His Place. And Upon The Same Our Said Sovereign
Lord The King Shall Do (Cause) To Be Pronounced And Made Execution
Without Delay, According To The Judgment (Sentence) Of The Said Peers
In The Parliament."
Here Is An Admission That The Peers Were To Fix The Sentence, Or
Chapter 3 (Additional Proofs Of The Rights And Duties Of Jurors) Section 4 Pg 74Judgment, And The King Promises To Make Execution "According To"
That Sentence.
And This Appears To Be The Law, Under Which Peers Of The Realm
And The Great Officers Of The Crown Were Tried And Sentenced, For
Four Hundred Years After Its Passage, And, For Aught I Know, Until This
Day.
The First Case Given In Hargrave's Collection Of English State
Trials, Is That Of Alexander Nevil, Archbishop Of York, Robert
Vere Duke Of Ireland; Michael De La Pole, Earl Of Suffolk, And
Robert Tresilian, Lord Chief Justice Of England, With Several
Others, Convicted Of Treason, Before "The Lords Of Parliament," In
1388. The Sentences In These Cases Were Adjudged By The "Lords
Of Parliament," In The Following Terms, As They Are Reported.
"Wherefore The Said Lords Of Parliament, There Present, As Judges
In Parliament, In This Case, By Assent Of The King, Pronounced Their
Sentence, And Did Adjudge The Said Archbishop, Duke, And Earl, With
Robert Tresilian, So Appealed, As Aforesaid, To Be Guilty, And
Convicted Of Treason, And To Be Drawn And Hanged, As Traitors And
Enemies To The King And Kingdom; And That Their Heirs Should Be
Disinherited Forever, And Their Lands And Tenements, Goods And
Chattels, Forfeited To The King, And That The Temporalities Of The
Archbishop Of York Should Be Taken Into The King's Hands."
Also, In The Same Case, Sir John Holt, Sir William Burgh, Sir John
Cary, Sir Roger Fulthorpe, And John Locton, "Were By The Lords
Temporal, By The Assent Of The King, Adjudged To Be Drawn And
Hanged, As Traitors, Their Heirs Disinherited, And Their Lands And
Tenements, Goods And Chattels, To Be Forfeited To The King."
Also, In The Same Case, John Blake, "Of Council For The King," And
Thomas Uske, Under Sheriff Of Middlesex, Having Been Convicted
Of Treason, "The Lords Awarded, By Assent Of The King, That They
Should Both Be Hanged And Drawn As Traitors, As Open Enemies To
The King And Kingdom, And Their Heirs Disinherited Forever, And
Their Lands And Tenements, Goods And Chattels, Forfeited To The King."
Also, "Simon Burleigh, The King's Chamberlain," Being Convicted
Of Treason, "By Joint Consent Of The King And The Lords, Sentence
Was Pronounced Against The Said Simon Burleigh, That He Should Be
Drawn From The Town To Tyburn, And There Be Hanged Till He Be
Dead, And Then Have His Head Struck From His Body."
Also, "John Beauchamp, Steward Of The Household To The King,
James Beroverse, And John Salisbury; Knights, Gentlemen Of The
Privy Chamber, Were In Like Manner Condemned." 1 Hargrave's
State Trials, First Case.
Here The Sentences Were All Fixed By The Peers, With The Assent Of
The King. But That The King Should Be Consulted, And His Assent
Obtained To The Sentence Pronounced By The Peers, Does Not Imply
Chapter 3 (Additional Proofs Of The Rights And Duties Of Jurors) Section 4 Pg 75Any Deficiency Of Power On Their Part To Fix The Sentence
Independently Of The King. There Are Obvious Reasons Why They
Might Choose To Consult The King, And Obtain His Approbation Of The
Sentence They Were About To Impose, Without Supposing Any Legal
Necessity For Their So Doing.
So Far As We Can Gather From The Reports Of State Trials, Peers Of The
Realm Were Usually Sentenced By Those Who Tried Them, With The
Assent Of The King. But In Some Instances No Mention Is Made Of
The Assent Of The King, As In The Case Of "Lionel, Earl Of Middlesex,
Lord High Treasurer Of England," In 1624, (Four Hundred Years
After Magna Carta,) Where The Sentence Was As Follows:
"This High Court Of Parliament Doth Adjudge, That Lionel, Earl Of
Middlesex, Now Lord Treasurer Of England, Shall Lose All His
Offices Which He Holds In This Kingdom, And Shall, Hereafter, Be
Made Incapable Of Any Office, Place, Or Employment In The State
And Commonwealth. That He Shall Be Imprisoned In The Tower Of
London, During The King's Pleasure. That He Shall Pay Unto Our
Sovereign Lord The King A Fine Of 50,000 Pounds. That He Shall
Never Sit In Parliament Any More, And That He Shall Never Come
Within The Verge Of The Court." 2 Howell's Stale Trials, 1250.
Here Was A Peer Of The Realm, And A Minister Of The King, Of The
Highest Grade; And If It Were Ever Necessary To Obtain The Assent Of
The King To Sentences Pronounced By The Peers, It Would Unquestionably
Have Been Obtained In This Instance, And His Assent Would Have Appeared
In The Sentence.
Lord Bacon Was Sentenced By The House Of Lords, (L620,) No
Mention Being Made Of The Assent Of The King. The Sentence Is In
These Words:
"And, Therefore, This High Court Doth Adjudge, That The Lord
Viscount St. Albans, Lord Chancellor Of England, Shall Undergo
Fine And Ransom Of 40,000 Pounds. That He Shall Be Imprisoned
In The Tower During The King's Pleasure. That He Shall Forever Be
Incapable Of Any Office, Place, Or Employment In The State Or
Commonwealth. That He Shall Never Sit In Parliament, Nor Come
Within The Verge Of The Court."
And When It Was Demanded Of Him, Before Sentence, Whether It
Were His Hand That Was Subscribed To His Confession, And Whether
He Would Stand To It; He Made The Following Answer, Which Implies
That The Lords Were The Ones To Determine His Sentence. "My Lords,
It Is My Act, My Hand, My Heart. I Beseech Your Lordships To Be
Merciful To A Broken Reed." 1 Hargrave's State Trials, 886 7.
The Sentence Against Charles The First, (1648,) After Reciting
The Grounds Of His Condemnation, Concludes In This Form:
"For All Which Treasons And Crimes, This Court Doth Adjudge,
That He, The Said Charles Stuart, As A Tyrant, Traitor, Murderer, And
Chapter 3 (Additional Proofs Of The Rights And Duties Of Jurors) Section 4 Pg 76Public Enemy To The Good People Of This Nation, Shall Be Put
To Death By The Severing His Head From His Body."
The Report Then Adds:
"This Sentence Being Read, The President (Of The Court) Spake As
Followeth: 'This Sentence Now Read And Published, Is The Act,
Sentence, Judgment And Resolution Of The Whole Court.'
1 Hargrave's State Trials, 1037.
Unless It Had Been The Received "Law Of The Land" That Those Who
Tried A Man Should Fix His Sentence, It Would Have Required An Act
Of Parliament To Fix The Sentence Of Charles, And His Sentence
Would Have Been Declared To Be "The Sentence Of The Law,"
Instead Of "The Act, Sentence, Judgment, And Resolution Of
The Court."
But The Report Of The Proceedings In "The Trial Of Thomas, Earl
Of Macclesfield, Lord High Chancellor Of Great Britain,
Before The House Of Lords, For High Crimes And Misdemeanors
In The Execution Of His Office," In 1725, Is So Full On This Point,
And Shows So Clearly That It Rested Wholly With The Lords To
Fix The Sentence, And That The Assent Of The King Was Wholly
Unnecessary, That I Give The Report Somewhat At Length.
After Being Found Guilty, The Earl Addressed The Lords, For
A Mitigation Of Sentence, As Follows:
"I Am Now To Expect Your Lordships' Judgment; And I Hope
That You Will Be Pleased To Consider That I Have Suffered
No Small Matter Already In The Trial, In The Expense I Have
Been At, The Fatigue, And What I Have Suffered Otherways.
* * I Have Paid Back 10,800 Pounds Of The Money Already; I Have
Lost My Office; I Have Undergone The Censure Of Both Houses
Of Parliament, Which Is In Itself A Severe Punishment,' "&C;., &C;.
On Being Interrupted, He Proceeded: "My Lords, I Submit
Whether This Be Not Proper In Mitigation Of Your Lordships'
Sentence; But Whether It Be Or Not, I Leave Myself To Your
Lordships' Justice And Mercy; I Am Sure Neither Of Them Will Be
Wanting, And I Entirely Submit.' * * *
"Then The Said Earl, As Also The Managers, Were Directed To
Withdraw; And The House (Of Lords) Ordered Thomas,
Earl Of Macclesfield, To Be Committed To The Custody Of The
Gentleman Usher Of The Black Rod; And Then Proceeded To
The Consideration Of What Judgment," (That Is, Sentence,
For He Had Already Been Found Guilty,) "To Give Upon The
Impeachment Against The Said Earl."
"The Next Day, The Commons, With Their Speaker, Being
Present At The Bar Of The House (Of Lords), * * * The Speaker
Of The House Of Commons Said As Follows:
Chapter 3 (Additional Proofs Of The Rights And Duties Of Jurors) Section 4 Pg 77
"My Lords, The Knights, Citizens, And Burgesses In
Parliament Assembled, In The Name Of Themselves, And Of
All The Commons Of Great Britain, Did At This Bar Impeach
Thomas, Earl Of Macclesfield, Of High Crimes And
Misdemeanors, And Did Exhibit Articles Of Impeachment
Against Him, And Have Made Good Their Charge. I Do,
Therefore, In The Name Of The Knights, Citizens, And
Burgesses,
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