Still, there is
nothing in Magna Carta that compels the execution of even a
second judgment of a jury. The only injunction of Magna Carta
upon the government, as to what it shall do, on this point, is that it
shall "do justice and right," without sale, denial, or delay. But
this leaves the government all power of determining what is
justice and right, except that it shall not consider anything as
justice and right so far as to carry it into execution against
the goods, rights, or person of a party unless it be something
which a jury have sanctioned.
If the government had no alternative but to execute all judgments
of a jury indiscriminately, the power of juries would
unquestionably be dangerous; for there is no doubt that they may
sometimes give hasty and erroneous judgments. But when it is
considered that their judgments can be reviewed, and new trials
granted, this danger is, for all practical purposes, obviated.
If it be said that juries may successively give erroneous
judgments, and that new trials cannot be granted indefinitely, the
answer is, that so far as Magna Carta is concerned, there is
nothing to prevent the granting of new trials indefinitely, if the
judgments of juries are contrary to "justice and right.
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