It must
be admitted, of course, that the juries, in these cases, judged
the matters of law, as well as fact, unless it be presumed that
the knights dictated the law to the jury na thing of which there
is no evidence at all.
As a final proof on this point, there is a statute enacted
seventy years after Magna Carta, which, although it is contrary
to the common law, and therefore void, is nevertheless good
evidence, inasmuch as it contains an acknowledgment, on the part
of the king himself, that juries had a right to judge of the
whole matter, law and fact, in civil suits. The provision is
this:
"It is ordained, that the justices assigned to take the assizes,
shall not compel the jurors to say precisely whether it be
disseisin, or not, so that they do show the truth of the deed,
and seek aid of the justices. But if they will, of their own
accord, say that it is disseisin, or not, their verdict shall be
admitted at their own peril." 13 Edward I., st. 1, ch. 3, sec.
2.
Pages:
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280