On the obligations of this oath, the essay says:"If it be asked how,
or in what manner, the (grand) juries shall inquire, the answer
is ready, according to the best of their understandings. They only,
not the judges, are sworn to search diligently to find out all treasons,
&c;., within their charge, and they must and ought to use their own
discretion in the way and manner of their inquiry. No directions
can legally be imposed upon there by any court or judges; an honest
jury will thankfully accept good advice from judges, as their assistants;
but they are bound by their oaths to present the truth, the whole truth,
and nothing but the truth, to the best of their own, not the judge's,
knowledge. Neither can they, without breach of that oath, resign
their consciences, or blindly submit to the dictates of others; and
therefore ought to receive or reject such advices, as they judge them
good or bad. * *Nothing can be more plain and express than the
words of the oath are to this purpose. The jurors need not search the
law books, nor tumble over heaps of old records, for the explanation
of them. Our greatest lawyers may from hence learn more certainly
our ancient law in this case, than from all the books in their studies.
The language wherein the oath is penned is known and understood by
every man, and the words in it have the same signification as they have
wheresoever else they are used. The judges, without assuming to
themselves a legislative power, cannot put a new sense upon them,
other than according to their genuine, common meaning. They cannot
magisterially impose their opinions upon the jury, and make them
forsake the direct words of their oath, to pursue their glosses. The
grand inquest are bound to observe alike strictly every part of their
oath, and to use all just and proper ways which may enable them to
perform it; otherwise it were to say, that after men had sworn to
inquire diligently after the truth, according to the best of their
knowledge, they were bound to forsake all the natural and proper
means which their understandings suggest for the discovery of it,
if it be commanded by the judges." Lord Somers' Essay on Grand
Juries, p. 88.
What is here said so plainly and forcibly of the oath and obligations of
grand juries, is equally applicable to the oath and obligations of
petit juries. In both cases the simple oaths of the jurors, and not the
instructions of the judges, nor the statutes of kings nor legislatures,
are their legal guides to their duties. [26]
SECTION IV. The Right of Juries to fix the Sentence.
Public-domain text, read in full here on John Shaqi.
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