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The provisions of the Great Charter relating to the administration of justice were undoubtedly those which were of chief concern to the people at large, as they were certainly, if observed, those most essential for the security of their liberties. The framers knew that it was in the courts that the king of England would keep his promises, if at all, and that the king's government would only be as good as his judges were learned, independent and impartial. In these provisions of Magna Carta we find the principle of the separation and independence of the judicial power and the soundest and highest conceptions of the administration of justice, conceptions far in advance of those to be found in any other document or enactment of that age.

The framers had grasped the great truth that jurisprudence is a science, that the law must be administered by men learned in that science and bound to obey its rules and follow its precedents, that uniformity and certainty are essential to the administration of justice, and that the highest political liberty is the right to justice according to law and not according to the will of the judge or the judge's master, or according to the judge's individual discretion, or his notions of right and wrong. They had also arrived at the conclusion that every Englishman was entitled as of absolute right to a day in a court which would hear before it condemned, which would proceed upon notice and inquiry, and which would render judgment only after a fair trial. The plain people of England knew full well that the struggle for their old laws—the laws of their land, pious, good, fixed and permanent, as they devoutly believed them to be—would be fruitless unless they secured permanent courts and learned, independent and impartial judges; and they instinctively felt, if they did not clearly perceive, that the law is infinitely wiser than those who may be called upon to administer it, and that, as Aristotle had declared fifteen hundred years before, "to seek to be wiser than the laws is the very thing which is by good laws forbidden."