...judges in the land, and yet allege, tlrat juries ought, whenever they fhall think proper, take upon them to judge ,of the law as well as of the fact ? And fhould this beVOL. II. A a come come the common practice, may not molten image? or wooden ftatues,...

...of the judges with " proper contempt." The Mooftee would be surprized to be told that the jury are " to judge of the law as well as of the fact;" and would naturally ask, howcan a man judge of the law who does not know the law? And if juries are to...

...fact, but, in his reply to the impeachment, he also argued that it was the ancient right of the jury to judge of the law as well as of the fact, and he considered it a sacred right which ought not to be interfered with by the court. So late as the...

...several officers who now hold office by executive appointment ; the limitation of the tenure of judi19* cial office, and some qualification of judicial power;...deem them of sufficient importance to justify me in pretcrmitting other great topics to discuss them. The two last-named propositions relate to important...

...discovered its author or not. The earl of Lauderdale interfered, contending that they were called upon to judge of the law as well as of the fact, and after a discussion of several hours, the jury at last divided equally. Balmerino was found guilty only...

...whether right or wrong, is instinct with the spirit of Anglican liberty, and is a powerful plea for the right of the jury in criminal cases to judge of the law as well as of the fact. Its earnestness, its close reasoning, its wealth of learning all bring it home to us in a vivid, inspiring...