The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-03-24

followed, other Judges, nave lolloN-
ed each other in turn and thus many
Indifferent decisions being interviewer
with perhaps a greater number OF
sound ones. there was built up, piece
by piece. precedent by precedent, that
fabric of law. tina patchwork OF many
hands, with conception OF DIVERS ahu
diverse minds. created ct dlfferent
times. that tumble of con
sistent only in inconsistency, which
those who throve by explaining its
mysteries were wont OF style tine per-
lection OF human com
IRON law OF England" AS a system, It
resembles OtWay's Old Woman whose
| patched gown Of many colors be
spoke variety Of w~retchedness.
A tumble of Rude Usages."
An eminent lawyer. j. c. Garter, has
| thus characterized it: In the old
volumes of the common law we find
knight service. value n forfeitures
| Of marriages and ravishment of
wards; aids to marry lords daughters,
and make lords sons knight. We
+! find premier seiSins, eScuage, n
monstrans of right; we find feuds and
subinfeudations, linking the whole
community together in one graduated
chain Of servile Dependence; We find
all the strange doctrines Of ~tenureS
down to the subject state Of ~villenage,
and even that abject condition treat
ed as 3 franchise. We find estates
held by the blowing Of a horn. In
short We find a tumble Of rude, I'M
digested uSageS and maXims Of sue
ceSSiVe hordeS of Selni-saYageS, who
from time to time invaded and pros
tracted each other. The first of whom
were pagans and knew nothing of
divine laws; the last of whom came
upon English soil when long tyranny
and cruel ravages had destroyed every
vestige of ancient science and when
The PandectS, from whence the rue
light has been shed upon English
law. lay buried in the earth. Wher
Blackstone who had q professors
chair and salary for praiSing the com
mon law, employs his elegant style
to whiten Sepulchurs and varnish sucf
i~ncongruities, 1t is like the Knight O
; La Mancha extolling the beauty ant
graceS of his broad backed mistress
, ~winnoWing her wheat or riding upoI
, her ass The same writer turtle.
$ pe%rtinently asks, when is it that W,
= shall invoke the spirits of departed
e fools? When is it hat in scare 0
a rule for our conduct we shall n
/ longer be banded from Coke to Croke
from Plowden to the Year Books
r from hence to the Dome Books fron
ignotun TO ignOtius in the invers
Y ratio Of philosophy and reason; sti
at the end Of every Veal excursio
arriving at some barren source @
%pedantry and quibble?"
s. Magma Carta Myth.
:. Then there is the myt
contract Gone Of many be
. tween King John on one side an
. Is barons and Is bishops on the othe
700 years ago lacking one year. Il
n whole object was to restrict the poWe
" Of a worthless and irresponsible kin
in favor Of the feudal privileges
4 the bishops and barons. There VIZ
no thought Of any protection I
:. others.
The much vaunted doctrine tn
20 trial by jury was provided for
-, Magma Carta is without the Slighte
=, foundation in fact. There was +
grand jury till nearly so years aftel
wards when it was established t
the Assises Of Clarendon in 1872, AT
=, there was no such thing as a tri
- by jury for nearly $50 years, i. e. ahOl
-. 1850 and at first the juries were con
- posed of the witnesses to the Grim
"a Yet even as good an authority shou
be the Supreme Court Of the Unite
States, without scrutiny OF the hi
~, tually held that we owe trial by jul
~ to Magma Carta. What the barol
really stipulated for was special pI
"a vileges for themselves. They bargain
ed that If the king had any eau
of complaint against them, tn
hould be tried, per judicium SUI
- rum parium' hat is they were slip
iating for a special privilege for Their
~ selves and in d~erogation of the do
~ trine Of "equality before the law al
lf equal rights for all' if such doctri,
49, mad existed at that time. The agre
&c ment was that as to themselves tn
-, should be tried per j~udiciurn,"
the judgment (nOt by a jury) viii
W should be rendered b. men OF tn.
90 own order apd not by the judges
the kinlz. the judges not Icing tn,
peers or equals but Of inferior rank.
80, Sir Frederic Pollok. one of t
80 most accomplished lawyers in En
IL land, visited this country 4 few yea
ago and made many friends In |
nc Well knoNn work by Pollok and Ma
~ land, History of the English Law
US IL is said: Even in the most fame
'ui words OF the charter we may det'
a feudal claim which will only ces
"a to be dangerous when in the course
ost time men have distorted their NEE
III lnS-a man was entitled 70 the lux