glyph 573: law, history. English Common Law, jury . Roman Law,Britain, Continental, Europe . Winston S. Churchill, A History of the English Speaking Peoples... oath of Aragonese lords, Catalonia


The English Common Law: the essential point, as seen by W. S. Churchill

the jury system and the ultimate source of law

From A History of the English Speaking Peoples Vol. I, Bk. II, Ch. XIII (pg. 219)

The jury system has come to stand for all we mean by English justice, because so long as a case has to be scrutinized by twelve honest men, defendant and plaintiff alike have a safeguard from arbitrary perversion of the law. It is this which distinguishes the law administered in English courts from Continental legal systems based on Roman law. Thus amidst the great process of centralisation the old principle was preserved, and endures to this day, that law flows from the people, and is not given by the King.

See also: glyph 474: Oath of Fealty of the Aragonese Lords to their Monarch - an illustration of medieval constitutionalism
June 15, 2017

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