Observations on the Duty and Power of Juries as Established by the Laws of England: With Extracts from Various Authors

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G. Kearsley, 1796 - 24 страница
 

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Страница 21 - ... the finding of an indictment is only in the nature of an inquiry or accusation, which is afterwards to be tried and determined ; and the grand jury are only to inquire upon their oaths whether there be sufficient cause to call upon the party to answer it.
Страница 22 - England of the lives of the subjects, that no man can be convicted at the suit of the king of any capital offence, unless by the unanimous voice of twenty-four of his equals and neighbours : that is, by twelve at least of the grand jury, in the first place, assenting to the accusation : and afterwards, by the whole petit jury, of twelve more, finding him guilty, upon his trial.
Страница 4 - It Is, therefore, upon the whole, a duty which every man owes to his country, his friends, his posterity, and himself, to maintain to the utmost of his power this valuable constitution In all its rights; to restore It to Its ancient dignity. If at all Impaired by the different value of property, or otherwise deviated from Its first Institution; to amend It wherever It Is defective...
Страница 4 - ... this valuable constitution in all its rights; to restore it to its ancient dignity, if at all impaired by the different value of property, or otherwise deviated from its first institution; to amend it, wherever it is defective; and, above all, to guard with the most jealous circumspection against the introduction of new and arbitrary methods of trial, which, under a variety of plausible pretences, may in time imperceptibly undermine this best preservative of English liberty.
Страница 21 - They then withdraw, to fit and receive indictments, which are preferred to them in the name of the king, but at the...
Страница 16 - Esq., for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Страница 17 - Statutes in that case made and provided, and against the peace of our Sovereign Lord the King, his crown, and dignity.
Страница 21 - ... or, we know nothing of it ; intimating, that though the facts might possibly be true, that truth did not appear to them : but now, they assert in English, more absolutely, "not a true bill...
Страница 4 - ... not pafs upon him, nor condemn him, but by the lawful judgment of his peers, or by the law of the land. We will fell to no man, we will not deny, or defer to any man, either juftice or right.
Страница 3 - Nicolson to Woden himself, their great legislator and captain. When the Normans came in, William, though commonly called the Conqueror, was so far from abrogating this privilege of juries, that, in the fourth year of his reign, he confirmed all king Edward the Confessor's laws, and the ancient customs of the kingdom, whereof this was an essential and most material part. Afterwards, when the Great Charter, commonly called Magna Charta...

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