The same principles apply to civil cases as to criminal. If a jury
consent, at the dictation of the court, as to either law or evidence, to
render a verdict, on the strength of which they have reason to believe
that a man's property will be taken from him and given to another,
against their own notions of justice, they make themselves morally
responsible for the wrong.
Every man, therefore, ought to refuse to sit in a jury, and to take the
oath of a juror, unless the form of the oath be such as to allow him to
use his own judgment, on every part of the case, free of all dictation
whatsoever, and to hold in his own hand a veto upon any verdict that can
be rendered against a defendant, and any sentence that can be inflicted
upon him, even if he be guilty.
Of course, no man can rightfully take an oath as juror, to try a case
"according to law," (if by law be meant anything other than his own
ideas of justice,) nor "according to the law and the evidence, _as they
shall be given him_." Nor can he rightfully take an oath even to try a
case "_according to the evidence_," because in all cases he may have
good reason to believe that a party has been unable to produce all the
evidence legitimately entitled to be received. The only oath which it
would seem that a man can rightfully take as juror, in either a civil or
criminal case, is, that he "will try the case _according to his
conscience_." Of course, the form may admit of variation, but this
should be the substance. Such, we have seen, were the ancient common law
oaths.
CHAPTER XI.
AUTHORITY OF MAGNA CARTA.
Probably no political compact between king and people was ever entered
into in a manner to settle more authoritatively the fundamental law of a
nation, than was Magna Carta. Probably no people were ever more united
and resolute in demanding from their king a definite and unambiguous
acknowledgment of their rights and liberties, than were the English at
that time. Probably no king was ever more completely stripped of all
power to maintain his throne, and at the same time resist the demands of
his people, than was John on the 15th day of June, 1215. Probably no
king ever consented, more deliberately or explicitly, to hold his throne
subject to specific and enumerated limitations upon his power, than did
John when he put his seal to the Great Charter of the Liberties of
England. And if any political compact between king and people was ever
valid to settle the liberties of the people, or to limit the power of
the crown, that compact is now to be found in Magna Carta. If,
therefore, the constitutional authority of Magna Carta had rested solely
upon the compact of John with his people, that authority would have been
entitled to stand forever as the supreme law of the land, unless revoked
by the will of the people themselves.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account