By Lysander Spooner
Lysander Spooner (1808-1887) is the yank individualist anarchist and felony theorist, identified generally for developing a advertisement put up workplace in pageant with the govt. and thereby being close down. yet he used to be additionally the writer of a few of the main radical political and financial writings of the nineteenth century, and maintains to have an important impact on libertarian thinkers this day. He used to be either a committed opponent of slavery in all its shape, even going as far as to suggest guerrilla warfare to forestall it, but in addition a devoted opponent of the federal invasion of the South and its postwar reconstruction.
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Extra info for Let's Abolish Government
The chapter only describes and limits his executive power. f See Blackstone's Law Tracts, page 294, Oxford Edition, LANGUAGE OF MAGNA CARTA. "! id" into execution ; whereas the false translation, nor will we pass upon him, nor condemn him, gives color for the exercise of a judicial power, on the • These Articles of the Charter are given in Blackstone's collection of Charters, and are also printed with the Statutes of the Realm. Also in Wilkins' Lows of the AngloSaxons, p. 356. t Lingard says, ** The words, * We trill not destroy him, nor will we go upon him, nor will we send upon him,' have been very differently expounded by different legal authorities.
Of course there are now many such ways, in which a party's goods or person are taken, besides by the judgment of a jury ; but the question is, whether such takings are not in violation of Magna Carta. He seems to think that, in cases of "judgment by default or demurrer," there is no need of a jury, and thence to infer that legem terra may not have required a jury in those cases. But this opinion is founded on the erroneous idea that juries are required only for determining contested facts, and not for judging of the law.
Chap. 10, a statute against forestalling, provides that, " H e that is convict thereof, the first time shall be amerced, and shall lose the thing; so bought, and that according to the custom of the town j he that is convicted theseoond time shall have judgment of the pillory ; at the third time he shall be imprisoned and make jine ; the fourth time he shall abjure the town. " — 1 Ruffhead*s Statutes, 187, 188. 1 Statute* of th* Realm, 203. • 1 Hume, Appendix, 1. t Blaokstone says, "Our ancient Saxon laws nominally punished theft with death, if above the value of twelve ponce ; but the criminal was permitted to redeem bis Ufa LANtSTJAGE OF MAGNA CARTA.