The Writings Of Thomas Paine, Volume III.: 1791-1804Paine, Thomas
History
The Writings Of Thomas Paine, Volume III.: 1791-1804
Paine, Thomas
Political science
This act appears to have been what is generally understood by a "_deep
take in_." It was fitted to the spur of the moment in which it was
passed, 3d of George II. when parties ran high, and it served to throw
into the hands of Walpole, who was then Minister, the management of
Juries in Crown prosecutions, by making the nomination of the
forty-eight persons, from whom the Jury was to be struck, follow the
precedent established by custom between individuals, and by this means
slipt into practice with less suspicion. Now, the manner of obtaining
Special Juries through the medium of an officer of the Government, such,
for instance, as a Master of the Crown-office, may be impartial in the
case of Merchants or other individuals, but it becomes highly improper
and suspicious in cases where the Government itself is one of the
parties. And it must, upon the whole, appear a strange inconsistency,
that a Government should keep one officer to commence prosecutions, and
another officer to nominate the forty-eight persons from whom the Jury
is to be struck, both of whom are _officers of the Civil List_, and yet
continue to call this by the pompous name of _the glorious "Right of
trial by Jury!_"
In the case of the King against Jordan, for publishing the Rights of
Man, the Attorney-General moved for the appointment of a Special Jury,
and the Master of the Crown-office nominated the forty-eight persons
himself, and took them from such part of the Sheriff's book as he
pleased.
The trial did not come on, occasioned by Jordan withdrawing his plea;
but if it had, it might have afforded an opportunity of discussing the
subject of Special Juries; for though such discussion might have had
no effect in the Court of King's Bench, it would, in the present
disposition for enquiry, have had a considerable effect upon the
Country; and, in all national reforms, this is the proper point to begin
at. But a Country right, and it will soon put Government right. Among
the improper things acted by the Government in the case of Special
Juries, on their own motion, one has been that of treating the Jury with
a dinner, and afterwards giving each Juryman two guineas, if a verdict
be found for the prosecution, and only one if otherwise; and it has been
long observed, that, in London and Westminster, there are persons who
appear to make a trade of serving, by being so frequently seen upon
Special Juries.
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