The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-05-09

nm compliant Jaraf6Te5s dftsrr PrftI)e
is /lFi6aJfra Ve! ner, dnmmodo a'slaeint difrl
J, @1ilafep7 fat7i, ct petere anxiliu1n yfiGario-
f-s'-s75ef n Jpu0re o.hat e1le,e qVoa oiDejt!n0,
fit gsf raS, aAmiftatur rornm gfyeait7Am )hJ
Iuo bcritnle." Ii appears from this, that the
difpute was quite different formerly to whai
it is now. Ghe dl(pute was, whether the
jury were act obliged to find the general igHe,
and whethe- ii was in their power to find a
jPfdal v1dia To this purpofe, fee Raflall
90, 333. Powder o.. Dyer I73, and g.
Coke's rep. II. when the jury could not ,iet-
tie the law, and were willing to ask '.dvice
of the court, for fear Of an altaint, and find
ipecizlly, the court obliged them TO find
generally. To remedy this, this fatute de-
clates qa0d jgqitiarI non famfellant, &c it
cautioply at the fame time pteleryes the ge-
neral ifiue. II declares a jury though they
determine the law, and affirm qEOd Ultima
fl Vel nan, their verdict fhalI itand, admit
fatr VFredit7Hm. And although peiyeTfe
obiiinafr jury A1ould clearly peIvert law, and
determine againf law, il was in the power
of no court under heavens to fet aide the YER
diet on that principles they can be punilhed
only BY attaint; puniihment 70 amazingly
dreadful, that few jures would fiGque it.
Hence fays thel]atute, adia!ttafw eorEm Vae-
di57am, )ab Jao Psricpl0.
This power ofthe iuries has been attacked Z,
but mof feverely in the far chamber court.
lsau INC JUICES Of tfcie days but thought Of
this modern opinion, they need not have
erected this inquiition, which only made
,hemieves odious. They might have heltered
themielves under this canopy, and at the
fame time have profecuted with ef-a the
very mealuses intended in the erection of the
far chamber. They might have refufed YER
diets under pretence of juries medding with
law, until they go, thoie verdas they wilhed
for, either in favour of a party,, or the ruin
and defruction of the fubjeGt But this was
never thought of as law. They were of. ne
ceffity drove therefore to the far chamber
court, which ragged in the reign of Charles
the frR, when by their ex etfcio informations
and other illegal acts, they tbrestned the fub-
verllon of the contribution.
| would ak, fuppoiing in our prefent fu-
perior court, the chiefjuitice lhould be taken
If, as has lately been the cafe, and the four
judges left ihould differ in a point of law, two
on one iide, and two on the other, what mutt
be the eventf The jury are not to weigh
what each Judge iays to them, and refolving
from thence what appears to be law. The
jury mult be d,fmifed, and the parties muit
either wait ill the court have agreed among
themielves what is law, or wait till fome
chief juttice comes, and throws the balance
in one Gcale or the other Perhaps even in
this cafe, the two difcntiRg judges, in the
opinion of gentlemen of dlitinefIon in the
aw, have more to fay for themfelves than the
others, yet as there is a majority, the jury
are obliged to act on the opinion of this ma
jority, though it is in the opinion of gentle
men of the law, and ntheir own conferences,
againit law. Such inconvenience we often
fail into, when we depart from fettled forms.
The jury run no danger of adjudging or
the law, though they do il oppofte to the fen
tlments of the court. This has been at
tempted BY fome judges, who. l6nGbk effbfi'
INABILITY 10 lt G6dt fbar s'erdi7, have
wreak=d their vengeance on the jurors. Sc;
the famous cafe Of Bulhe and Others in 81
John Vaughan's reports. Paaages of which
will feiea, Dulhel and Others were hnec
! forty pounds q MN, ard eDmmItted.'