Price.] 216 t^^y- 



gradual usage been improved, and since it is the great distinguishing 

 feature in the administration of justice in the only truly free nations 

 of the earth, and has most essentially contributed to the consumma- 

 tion of that freedom, it should now, it is submitted, be so sacredly 

 regarded as not to be touched by the irreverent hand of legislative 

 innovation. If it can be improved, let that improvement come, as in 

 the past unnumbered centuries, by tho.se changes which practice and 

 usage insensibly produce in all human aifairs. Perfect justice is not 

 of human attainment. Pei'fection is the attribute of Him alone to 

 whom is known all truth. 



It is admitted that there have been periods in English history, 

 when the rights of juries were most seriously invaded, and their pur- 

 pose perverted ; when they have been coerced by denial of food and 

 drink, by fines and imprisonment; and when the verdicts rendered 

 by less than the whole twelve have been received by the court, or a re- 

 cusant minority has been removed and replaced by others. The evil 

 precedents of such times, the friends of irresponsible power endea- 

 vored in vain to perpetuate as authority. In the reign of Edward I, 

 extending from 1272 to 1307, the writer of Fleta lays it down for 

 law, that when there was a difference of opinion among the jurors, 

 it was at the election of the judge either to aflForce the assise, by 

 adding others until twelve were found who were unanimous, or to 

 compel the assise to agree among themselves, by directing the sheriff 

 to keep them without meat or drink till they all agreed in their ver- 

 dict. Another method was to enter the verdict of the major and 

 lesser part of the jurors, and the judgment was given according to 

 the verdict of the majority. (2 Reeves, 268 ; 2 Hale's Pleas of the 

 Crown, 297, note.) 



Hallam, when speaking of the prosecutions of the Crown, in the 

 reign of Elizabeth, says, " There is no room for wonder at any ver- 

 dict that could be returned by a jury, when we consider what means 

 the government possessed of securing it. The sheriff returned a 

 panel, either according to express directions, of which we have proofs, 

 or to what he judged himself of the Crown's intention and interest. 

 If a verdict had gone against the prosecution in a matter of moment, 

 the jurors must have laid their account with appearing before the 

 Star-chamber; lucky, if they should escape, on humble retractation, 

 with sharp words, instead of enormous fines and indefinite imprison- 

 ment. The control of this arbitrary tribunal bound down and ren- 

 dered impotent all the minor jurisdictions. That primeval institu- 

 tion, those inquests by twelve true men, the unadulterated voice of 



