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CHAPTER III.
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ADDITIONAL PROOFS OF THE RIGHTS AND DUTIES OF JURORS.
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\chapter{Additional Proofs of the Rights and Duties of Jurors.}
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If any evidence, extraneous to the history and language of Magna Carta,
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were needed to prove that, by that chapter which guaranties the trial by
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@ -17,9 +14,7 @@ This evidence can be exhibited here but partially. To give it all would
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require too much space and labor.
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SECTION I.
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_Weakness of the Regal Authority._
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\section{Weakness of the Regal Authority.}
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Hughes, in his preface to his translation of Horne's "_Mirror of
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Justices_," (a book written in the time of Edward I., 1272 to 1307,)
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@ -415,10 +410,7 @@ will that the laws of England be not changed,) was a determined
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principle with the Anglo-Saxons, from which they seldom departed, up to
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the time of Magna Carta, and indeed until long after.[43]
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SECTION II.
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_The Ancient Common Law Juries were mere Courts of Conscience._
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\section[Ancient Common Law Juries Courts of Conscience.]{The Ancient Common Law Juries Were Mere Courts of Conscience.}
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But it is in the administration of justice, or of law, that the freedom
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or subjection of a people is tested. If this administration be in
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@ -1129,9 +1121,7 @@ pretext, by the way, almost universally used for overturning, instead of
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establishing, the principles of justice.
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SECTION III.
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_The Oaths of Jurors._
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\section[Oaths of Jurors]{The Oaths of Jurors.}
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The oaths that have been administered to jurors, in England, and which
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are their _legal_ guide to their duty, _all_ (so far as I have
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@ -1334,9 +1324,7 @@ instructions of the judges, nor the statutes of kings nor legislatures,
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are their legal guides to their duties.[57]
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SECTION IV.
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_The Right of Juries to fix the Sentence._
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\section[Right of Juries to Fix Sentence]{The Right of Juries to Fix the Sentence.}
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The nature of the common law courts existing prior to Magna Carta, such
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as the county courts, the hundred courts, the court-leet, and the
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@ -1623,9 +1611,7 @@ have been trampled upon and rendered obsolete by the usurpation and
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corruption of the government and the courts.
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SECTION V.
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_The Oaths of Judges._
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\section[Oaths of Judges.]{The Oaths of Judges.}
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As further proof that the legislation of the king, whether enacted with
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or without the assent and advice of his parliaments, was of no authority
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@ -1749,9 +1735,7 @@ years past, they actually have been sworn to treat as invalid all
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statutes that were contrary to the common law.
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SECTION VI.
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_The Coronation Oath._
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\section{The Coronation Oath.}
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That the legislation of the king was of no authority over a jury, is
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further proved by the oath taken by the kings at their coronation. This
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