The Introductory Articles of the Constitution of Illinois

Cover The Introductory Articles of the Constitution of Illinois
The Introductory Articles of the Constitution of Illinois
Herman G Herman Gerlach James
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This ancient bulwark of individual liberty whose origin, according to Blackstone, is to be sought as far back as the Saxon colonies, though not firmly established until the abolition of the Saxon trials by ordeal, and the Norman trial by battle, was first formally declared by Magna Charta of King John in 1215 in the king's solemn agreement that no freeman should be hurt in either his person or property, " unless by the legal judgment of his peers or the law of the land. " The chief grievance in... the Petition of Right of 1628 was the violation of this provision, and among the oppressions of King George III enumerated in the Declara- tion of Independence was that of depriving the colonists, in many cases, of the benefits of trial by jury. It is no wonder, therefore, that every one of the constitutions of the revolu- tionary period contained express guarantees of jury trial, a precedent of constitutional practice which has persisted down to the latest constitutions, at least as regards criminal prosecutions for major offenses.

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