[65] Middle Ages, vol. ii. p. 146.
[66] Nov. Just. 123, c. 21-23.
[67] Middle Ages, vol. ii. p. 149.
[68] Sir William Jones, a learned scholar and able jurist, was of opinion that the invention of trial by jury could be traced to the ancient Greeks, while Blackstone pretends that the credit of it is due to the Saxons who brought the custom with them to England; but Hallam and other superior authorities maintain that the canon quoted in the text is the first germ on record of this great distinguished feature of English common law, and that it was not till long after the advent of the Normans that it assumed its present systematic form.
[69] Wilkins, p. 100.
[70] P. 415.
[71] Ingulph, p. 36. Nicholl's Lit. Anec. vol. i. p. 28.
[72] Peter of Blois, Epist. vol. i. 3. Paris, 1519.
[73] Middle Ages, p. 150.
[74] The continued encroachments of the crown on the rights of the barons and their tenants led to an armed league against John I., the leading spirit of which was the intrepid Archbishop of Canterbury and the General, Robert Fitzwalter, who took the title of "Marshal of the Army of God and of Holy Church." The result was a timely concession of the king, which was granted in the form of a Great Charter. The importance of many of the liberal guarantees set forth in that instrument has departed with the special evils that gave rise to them, but many of a more general nature and such as related to cheap, speedy, and impartial justice, have become integral parts of the British Constitution. As to the document itself, D'Israeli relates the following curious circumstance: "Sir Thomas Cotton one day at his tailor's discovered that the man was holding in his hand, ready to cut up for measures, an original magna charta, with all its appendages of seals and signatures. He bought the curiosity for a trifle, and recovered in this manner what had been given over for lost. This anecdote is told by Colomies, who long resided and died in this country. An original magna charta is preserved in the Cottonian Library; it exhibits marks of dilapidation, but whether from the invisible scythe of time or the humble scissors of a tailor I leave to archæological inquiry."