" p. 74.
This is the whole account given of the charge to the jury.
In criminal eases, after the witnesses have been heard, and
the prisoner has said what he pleases in his defence, the book
proceeds:
"When the judge hath heard them say enough, he asketh if
they can say any more. If they say no, then he turneth his speech
to the inquest. 'Good men, (saith he,) ye of the inquest, ye have
heard what these men say against the prisoner. You have also
heard what the prisoner can say for himself. Have an eye to
your oath, and to your duty, and do that which God shall put
in your minds to the discharge of your consciences, and mark
well what is said.' " p. 92.
This is the whole account given of the charge in a criminal ease.
The following statement goes to confirm the same idea, that
jurors in England have formerly understood it to be their right and
duty to judge only according to their consciences, and not to
submit to any dictation from the court, either as to law or fact.
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