It is wholly improbable that two diferent modes of trial, so nearly resembling each other as this and the trial by jury do, should prevail at the same time, and among a rude people, whose judicial proceedings would naturally be of the simplest kind.
He posits that two similar trial methods could not coexist in a simple judicial system.
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That the legislation of the king was of no authority over a jury, is further proved by the oath taken by the kings at their coronation.
Yet the codes of the most celebrated kings are very small, and were little more than compilations of immemorial customs.
A man has a natural right to enforce his own rights and redress his own wrongs.
The people are no more arrayed against themselves, when a jury puts its veto upon a statute, which the other tribunals have sanctioned, than they are when the same veto is exercised by the representatives, the senate, the executive, or the…