IT is a principle of Magna Carta, and therefore of the trial by jury, (for all parts of Magna Carta must be construed together,) that no judge or other officer appointed by the king, shall preside in jury trials, in criminal cases, or "pleas of the crown.
Spooner emphasizes the importance of the Magna Carta in protecting the integrity of jury trials.
Share
More from Lysander Spooner
And whenever any number of men, calling themselves a government, do anything to another man, or to his property, which they had no right to do as individuals they thereby declare themselves trespassers, robbers, or murderers, according to…
In this manner all unjust laws are established, and made operative against the rights of the people.
Practically speaking, no government knows any limits to its power, except the endurance of the people.
Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.