It is entirely incredible that Magna Carta, which makes such careful provision in regard to the king's justices sitting in civil actions, should make no provision whatever as to their sitting in criminal trials, if they were to be allowed to sit in them at all.
Spooner argues that the Magna Carta's provisions imply a necessary oversight in criminal trials, similar to civil ones.
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The answer is, that they are as reliable for that purpose as are the majority; they are as much presumed to have associated, and are as likely to have associated, for that object, as are the majority; and they have as much interest in such…
Since Magna Carta, we have evidence showing quite conclusively that all freemen, above the age of twenty-one years, were eligible as jurors.
Why should they not have such an administration of justice as they desire, and can understand?
From the sale of that justice which every citizen has a right to demand, it was an easy transition to withhold or deny it.