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CERTAINTY. LAW X FACT. Barrington.
Mr barrington in his Observation Obs. p.120. on the Stat. Wists 2d e 230
takes occasion to observe from thence that a Jury that on the Authority of that Statute [+] [+] - which "says he, "is unrepented" it is
clear that a Jury may find what verdict they please - but
this is to be understood only discussions of discussions: for it is only discussions
that are mentioned: that is of a species of Action
which now is never brought.
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CERTAINTY LAW X FACT.
x xx Till then the controversy must remain unterminable.
No boundary Line can be drawn between the Provinces of the
Judge & Jury
The Law & the Fact must remain inextricably entangled in
each other
The mind vibrating between opposite prejudices
A perpetual source of confusion contradiction suspicion & error
That Chymistry which shall find out an expedient to
overcome this obstinate adhesion, & present the two questions points disengaged
& purified from each other, will be allowed to have operated
no a not unimportant a precipitation
They speak of them as actually complicated & they
seem reconciled by Custom to the considering them as essentially so
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