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

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81 SSS opinion of fon,e among
4 asg Fiat The - 20.
. %Sgg he M, N F,sek with
&JID90 The dla,st(k5 ndency OF
it. Lata a4gais ~ be'5a. She ms opinion
prevail, it appears & me ,hch ld Dc p an end
to that peculiar gloy cf HF coni'l;a';on, /,
trials by juries glefy eyAer'.y connt t !, {,
with us as Engli1,gis,. 50 nat'cn is b'eiied
with this hageine.s, a/oa-le Is, and il is
one Of The fioaacA Iy Iks agaiaf illegal
ard arbitrary a,eaiis. (" This oder of tfial
8. Eays Lord Esa'ofn rs tifory Of The law
&c upon The ca Iof wi.a,les inppen court,
+" n The prefeke Of Se Pai-iee, before the
&c iadge ard nv, whesse zach Par'' has liberty
&c of exvrgA-es sc. n moch. better than
IS when he wlsrsE CRY delivers fcfmai
Sc ferries ofhis kucuxs; :, without being in
6 ierrogared" he Jal law, though called
the fmaa raf'c, wrifer lealan, fails in this
poinr, ard Tnut. jed Il + ereace, as For
telcue well otferves, = am ~ at this day
toeyirce The Excel ensg of this inffimtion,
which hssfo long cbtllcd, and the bleflings
If which have been 70 widely diluted and
felt. Nv prefer; time inall be fpens, in a
cool impartial manner, w.'nout cslumny, de-
fraction or reFr ach, to ccsiider ,hs point,
! and fee what may be fad a. Il. Lord Coke
in his commentary gn Liue,oq j. e26hisysA
te be two kinds OF verdlc4s, VIZ. one ge-
al. and another at large, or fpecial. AS in
aGk of novel diijjfn brought by A againH
the plaintiff makes his plant, 9uod B d.
init cum de 20 ae'i5 teryG ann perfinentiis.
be tenant pleads, qnod itf naAIam iyH'iam
d;0iEaam brafato A iade fStit, &c the
rognltors of the aDIjs do find qasd predia
ijgfi ct JEnt Jaaids d.DfjEait, S't. 1t aP-
ars TO me i'll this ltrong cafe, that the jury
aft haveiudged law as well as Fact, or could
ave given no verdict. Lord Coke has put
ne Of the ifrongea cafes that can happen,
I'D where the law is intermingled through
bewhole yet We fad that the jury here
bund generally. In the verdict i.ielf we hnd
hey gave their opinions on the law, and adj
idged on that, for they declare, 4u0d A in
yJqs ct fine jadieio, &c. we mutt therefore
give up the opinion that the jurors muff not
budge of law, OF gives up all general ifiues,
more Especially fuch intricate ones as the
above. Can we fuppOfe Lord Coke is Of
iris opinion, when be thus declares jury
may give general verdict, though upon a
move diriGa, where they mua judge Of law,
or can give no verdict.
This greas man fays again, p. 228. =" Al
though the jury if they will take upon them
--slss ..;ao~ledge Of the law, may give general
verdict, yet it is dangerous, for if they mif-
sske, they run in danger of an attaint. y
The force Of whichis, if the words have airy
meaning, that jury may take on them the
knowledge Of The law if theY will, that they
may and a general verdict, and that the
court cannot refafe them this right, but are
obliged to receive it. If they SUiA take on fben
tie knslOie<gs IF The Aa1V, certainly implies
they have rigtt. For if the judge Can re-
frain them, the words are foleeiim. The
0AlY danger of .heir doiny this, is, notthat
tie court can iet af &c thcir verdict, but a:
ne fays, theY run in danger of an attaint.
That they mra look, 70. The verdict nfelI
maj hand: For as he expressly fass little
before, 4" an fine jSr@ly a sevdiG7 fall al
u y5 b. izfsndsdtrRt, fM rsvrjSdby atfaint,
ard fbf~sters etoa TIE ant no yapyItGeGs u
,,-,.s9bgs b. Laeo