The Rights of Juries Defended: Together with Authorities of Law in Support of Those Rights ; And the Objections to Mr. Fox's Libel Bill Refuted

G. Stafford, 1792 - 164 ページ

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23 ページ - Also in such case where the inquest " may give their verdict at large, if they will take upon " them the knowledge of the law upon the matter, they "may give their verdict generally as it is put in their
19 ページ - The antiquity and excellence of this trial, for the settling of civil property, has before been explained at large. And it will hold much stronger in criminal cases; since, in times of difficulty and danger, more is to be apprehended from the violence and partiality of judges appointed by the crown, in suits between the king and the subject, than in disputes between one individual and another, to settle the metes and boundaries of private property.
6 ページ - ... defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.
19 ページ - Our law has therefore wisely placed this strong and twofold barrier, of a presentment and a trial by jury, between the liberties of the people and the prerogative of the crown.
44 ページ - ... leaving the law to the court, but find for the plaintiff or defendant upon the issue to be tried, wherein they resolve both law and fact complicately, and not the fact by itself ; so...
42 ページ - They may have evidence from their own personal knowledge, by which they may be assured, and sometimes are, that what is deposed in court, is absolutely false: but to this the judge is a stranger, and he knows no more of the fact than he hath learned in court, and perhaps by false depositions, and consequently knows nothing.
20 ページ - ... to vest the executive power of the laws in the prince : and yet this power might be dangerous and destructive to that very constitution, if exerted without check or control, by justices of oyer and terminer...
13 ページ - And the Acts lately made in England and Scotland mutually for the Union of the Two Kingdoms or that the Kings or Queens of this Realm with and by the Authority of Parliament are not able to make Laws and Statutes of sufficient Force and Validity to limit and bind the Crown and the Descent Limitation Inheritance and Government thereof...
60 ページ - merely to acknowledge that the Jury have the power; for their power nobody ever doubted; and, if a judge was to tell them they had it not, they would only have to laugh at him, and convince him of his error, by finding a general verdict which must be recorded : I meant, therefore, to consider it as a right, as an important privilege, and of great value to the constitution.
42 ページ - A man cannot see by another's eye, nor hear by another's ear. No more can a man conclude or infer the thing to be resolved by another's understanding or reasoning.