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I
JURIES
After the Pains I have taken in so many instances in the course of this work, to furnish inculcate
the necessity of abandoning in the score of impracticability many points of which catch the eye by their obvious and
real utility: I have some reason to hope I shall not be accused of a vast propensity to strain
every thing branch to a parallelism with Ideal & unattainable Rectitude or by grasping at unattainable perfection to let go that - - - - - degree I have of good order which we is in within our reach possess. <add>This necessity]</add> I have seen [ & ] I have acknowledged
& [I have inculcated]. the necessity of assuring satisfying ourselves before we conclude finally for
the extirpation of an evil of two points, both that the means we employ for the purpose are not themselves
of such a nature as to be productive of a greater; : that the evil in question is not itself the necessary
& only antidote to a greater.
The Evil I am here about to consider, & which the abolition of which is one object of my
endevors, is the practise become habitual on Juries & sanctioned by the tacit approbation if not by the encouragement of Judges of knowingly giving false verdicts in the
following cases. [already commented & observed upon in their [respective] places.
In that of Suicide - that the deceased did the fatal Act in a fit of Lunacy, which
he was known to have done deliberately in his right mind.
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In this indeed the practise is not entirely uniform, & from it's not being so is one
of the very few if not the only one in which the conduct of this Tribunal is not free
from suspicions of corruption.
2
In that of Deodands; when the Value of the thing forfeited is reduced to nothing,3. In that of Larceny - When Juries will pronounce in their verdict a thing taken
to be not worth one Shilling which thing & every body shall see to be worth fifty.
Of an integrity indeed more unquestionable because still less obnoxious [not] exposed to temptation than theirs' which is so little; and advantage which stands in the
place of all the rest, & supersedes exceeds overbalances them altogether; but of a Judgement more liable to be reduced by passion
under the beacon guise of Zeal of duty, & by Caprice & of Humanity under the guise of improvement & correction: of correction
to be administer'd by those accustomed to view things only in the little, upon the work of men practised exercised & indirectly
After the removal therefore of these few exceptions, it may be received as a practical maxim easy to be retained, unembarrassed from henceforth by any exceptions or limitations, that the Verdict of the a Jury [ought to] be in all cases whatsoever a faithful image & unaffected picture of their judgment; that is of the original judgment either of all, or of such to whom the rest for the sake of bringing the matter to a conclusion have from the acknowledged majority deferred.
When taken at hazard from the body of the people, of such education capacity of judgment as may happen of no experience not responsible not bound to give their reasons have to assume a power with which by the product freedom of the Law men of chosen Education of tried capacity & judgment, of long experience responsible bound by a habit custom stronger than any Law to give their reasons in detail, are not thought proper to be intrusted.
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