probi et legales bomines.They muft be men of competent fubftance and ability. The qualifications of jurors have been different in different periods of our history, but by 3 George II. all jurors in England returned for a capital offence, muit have in their own name, or in truft for them, within the fame county 10 pounds per annum of freehold or copyhold lands, or lands in antient demeine; and leafeholders twenty pounds per annum. -They must be of the fame county wherein the fact was committed.And lastly, they must be impartial, i. e. not biaffed by any affection or prejudice.

The law gives the party accufed a liberty of challenging both the array and the polls: i. e. the whole pannel, or particular jurors. And besides thefe challenges, which the law allows to be made to the fheriff or jurors, it further gives liberty to the party accufed, in cales of high, or petit treafon, to challenge thirty five, i. e. within one of three whole juries, without affigning any caufe at all. And in like manner in cafes of felony, to challenge twenty without fhewing any cause.

• Perfons of all ranks after having been indicted by a grand jury, are fure of having a regular trial by a petty jury, of having the charge openly made against them; and in cales of treafon, of having a copy of the indictment five days before their trial; so that they may know what they will be charged with, and be thereby better prepared to defend themfelves again't it. To which end alfo, by 7 William and Mary, they have counfel allowed, at their own choice, who are to have free access to them; and are to keep their fecrets, and not to be examined against them. And in all cafes, where no counsel is retained, the judge who prefides, and gives directions in the trial, is by law to be of counsel with the prifoner.

"As to evidence against a perfon up on trial; there is no making him an evidence against himself by torture, or extra-judicial confeffion. In Englan, it is evident, that the ufe of tortu e was contrary to law, and regarded as an infamous practice, even in the antient Saxon conftitution; for the great Alfred put one of his judges to death, for condemning a perfon, upon a confeffi

on drawn out by torture (z). In Henry VI. time there was an endeavour by the duke of Exeter to introduce it here (a), from whence the rack in the Tower was called his daughter: and the practice obtained for a confiderable time; for in the fucceeding reigns, even that of queen Elizabeth, there are feveral inftances of perfons being tortured (b). There was a propofal for the use of it in the cafe of Felton, upon the murder of the duke of Buckingham, in Charles the firft's time: the king ordered the judges to be confulted upon it; but they declared that any kind of torture, to draw out confeffion, was contrary to the law of England. And lord Coke fays (c), "there is no one opinion in our books, or judicial records, that we have seen and remember, for the maintenance of tortures or torments." Our law has therefore, in tenderness to the subjects, laid this method wholly afide, except in cafes where the perfon accufed refufes to plead. Then indeed he is expofed to paine forte et dure (d). But this depending wholly upon his will, fince he may avoid it by pleading, and putting himself upon his country, the law cannot be charged with cruelty in that regard. If he will plead, he fhall not be interrogated even upon oath, which is a kind of torture to the confcience. A man's own confeffion in fome circumftances will not be allowed to be made use of against him.

Every man must be tried by the evidence that appears, and this evidence, when it is of living perfons, must be brought face to face, so that the accused perfon has the liberty of questioning or cross-examining them.-When the caufe is fummed up, the jury are to determine it, i e. they are to judge of the facts upon which the merit of the cause turns. How far fuch facts are criminal in law, they are indeed directed by the judges; but ftill they are at liberty whether they will be wholly governed by the judges opinions or not; for they give their verdiet in general, fo that though they think NOTE.

(z) Bacon's governm.of England, p. 55. (a) Coke's 3d Inft. p. 34. (b) Camden's Eliz. p. 457⋅ (c) Coke's 3d Inft. p. 35.

(d) The paine forte et dure is, plicable to a peer if he refufe to plead.

the

the facts fufficiently proved, yet if they do not think, as the judges think, that fuch facts are criminal, they need not bring in the parties guilty. The great judge Lyttleton, in his Tenures, 386. declares, that if a jury will take upon them the knowlege of the law, upon the matter they may," which is agreed to by lord Coke in his Com. thereupon: and Sir Matt, Hale (e) fays, "that the jury are judges not only of the fact, but of the Jaw" And it seems probable, that by law, the juries in all cafes ought to be the judge of points of law, as well as of fact; (f) becaufe originally the perfons of the jury feem to have been of the nature of judges, and to have fat upon the bench (g). In the trial of a peer the cafe is determined by the majority of the peers prefent, but in the cafe of commons, the verdict of the jury must be unanimous, which is a circumitance favourable to the fide of mercy (h).

There have been inftances when a verdict has been taken for fufficient with out the unanimous confent of all the twelve jurors (i); but this has always been by the direction of fome arbitrary minifter or judge; and has always, by the NOTE.

Hift. Law, p. 140.

(f) We are very much inclined to be of our author's opinion in this point, and we believe he is right; but is there not hence an apparent neceffity of further attention to the qualification of jurors? It is furely a reproach to our judicial proceedings, and an injury to the liberty, property, and fometimes lives of the fubject, to have this important fervice performed by perfons of fuch incompetent abilities, who are always ready to give up the power with which the laws of their country intruft them, into the hands of the judges.

(g) See Olaus Verelius in Hickes's Differtation.

(h) The difference between the law of England, and the Scotch law in this refpect is very remarkable: a bare majority out of twelve gives a fufficient verdict in Scotland: the inconveniences and dangers of this are obvious: fome would give the preference to a medium between the extremes; but of the two the practice of our judicatories is most favourable to the fubjet.

(i) Hale's P. C. part ii. p. 298.

legislative authority, been condemned as illegal.-No new trial is ever granted, in criminal cafes, when the defendant is acquitted, if fome fiaud or trick be not proved in the cafe (k).--The jury are not punishable for their verdict, whatever it be, in any criminal cafe.-Such is the form of trial which probably our Saxon ancestors brought over hither with them; fince we not only find fome traces of it in their laws, before the conquest, but still earlier, in the conftitutions of other northern nations, among all whom fomething of this nature feems to have had place.

To this trial by jury every one has. a claim, in time of peace, except thofe who are actually in military service, and thereby fubject to martial law; which in this nation hath always been under certain regulations; and cannot be executed even upon foldiers, but in virtue of an act of parliament [the mutiny bill] renewed every year.

And as all perfons are thus fecured from being unjustly found guilty, so if they fhould be found guilty, the punifhments are not arbitrary. The king cannot grant the forfeiture of the lands or goods of the perfons accufed before he is condemned (1). Neither can corporal judgment be given against a man in his abfence (m). The judges cannot invent new punifhments, nor add new circumstances of rigour: thefe are all determined by law as well as the crimes. The cafes in which death is to be inflicted are all specified by known laws. The king can remit, in fome cafes, part of the rigour, but he cannot increase it. When Charles I. would have had Felton's right hand cut off before his execution, the judges would not confent to it (n). And when Henry VI. by his own authority condemned de la Pole, duke of Suffolk, to banishment, the houfe of lords protefted against it.

Imprifonment for life, or banishment, cannot now be inflicted at all, but by act of parliament, or fentence of the courts of law (o). The king cannot fo much as oblige any perfon to accept an employ. ment abroad, not even in Ireland. This was attempted in Sir Thomas Overbury's

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less than half a one; and obferve to fecure the lower edge of the box that refts upon the floor, with mortar and hair well mixed, to exclude vermin.

As a houfe is quite neceffary for the keeping of bees in colonies, not only as it preferves the boxes from the weather, but the fecurity it gives in winter from the cold, and in fummer from the intenfe heat of the fun; we thall give his defeription of one to contain fix colonies, with an engraved representation; as also of the bees, for the easier difcovery of the queen, &c when we are adding flock to ftock, or one fwarm with another, which, as has been mentioned, is quite necef fary.

Your materials being chofen, let the length be twelve feet and a half, as each colony fhould stand a foot distant from the other; and in height three feet and a half, to admit of four boxes one over the other; the breadth in the infide to be two feet.

The corner pofts fhould be ftout, and fixed a confiderable depth in the ground, in order to fupport the whole in tempeftuous weather; the floor must be raised two feet from the ground, and made strong, on which the boxes are to lie close.

On this floor your colonies are to be erected at equal distances against the front, through which you are to cut doors to communicate with thofe of the boxes, bringing the paffage on a level, by filling the space between the front and the boxes with a piece of board, fufficiently thick to admit the paffage being cut through it.

The house, thus conftructed, must be covered in fuch a manner, as the wet will readily run off, and fufficient to keep out the weather; in the back part you are to make doors of half inch (tuff, to fall into rabbits for the better excluding the cold air, and to go on hinges; they are to be in number the fame with the colonies, op. pofite which they are to be placed.

The house thus conftructed, you are to fix a weather board to carry off the rain from the landing places in the front, which are to be cut in femicircular forms, and painted in different colours for the direction of the bees.

Inftructions for furnishing the Colonies.

The feafon moft convenient is in the months of March, April, May, or June; the time to be determined, by your man May, 1766.

ner of furnishing the colonies, whether from stocks of bees or fwarms; if from the first, let it be with a new stock of the last year, rich in honey and full of bees, but warms are what I would recommend, and two at least to be collected in one day, as it is not prudent to depend on a fingle fwarm; when the colony is thus ftocked, you may expect a box of honey by June or July, to be removed as foon as you perceive the comb to be wrought half way in the under box; this to be done in the evening, feparating them (as mentioned in the direction for keeping bees in hives) by a tin plate, and then fecuring the top of the box by pushing forward the fliding runner; this then is to be placed on an empty box, drawing back its runner, in order to give the neceffary communication, fecuring the extremities of the boxes, and obferving the directions given about the doors.