ke case ought to be less than nothing.

It is a strange doctrine that men must sacrifice the law to secure their
properties, if the law is to be fashioned for every occasion, if grand
jurymen contrary to their oaths must discover their fellows' and their
own counsels, and betray the trust the law has reposed in them, if they
must subject the reasons of their verdicts to the censure of the judges,
whom the law did never design to trust with the liberty, property, or
good name of their fellow-subjects. No man can say he has any security
for his life or fortune, and they who do not themselves, may however see
their best friends and nearest relations suffer the utmost violences and
oppressions.

Which leads me to say a few words of the petit jury, not forgetting Mr.
Walters. I am assured by an eminent lawyer, that the power and office of
a petit jury is judicial, that they only are the judges from whose
sentence the indicted are to expect life or death. Upon their integrity
and understanding the lives of all that are brought in judgment do
ultimately depend; from their verdict there lies no appeal, by finding
guilty or not guilty. They do complicately resolve both law and fact. As
it hath been the law, so it hath always been the custom and practice of
these juries (except as before) upon all general issues, pleaded in
cases civil as well as criminal, to judge both of the law and fact. So
it is said in the report of the Lord Chief Justice Vaughan in Bushell's
case, That these juries determine the law in all matters where issue is
joined and tried, in the principal case whether the issue be about
trespass or debt, or disseizin in assizes, or a tort or any such like,
unless they should please to give a special verdict with an implicate
faith in the judgment of the Court, to which none can oblige them
against their wills.

It is certain we may hope to see the trust of a grand juryman best
discharged when gentlemen of the best fortunes and understandings attend
that service, but it is as certain we must never expect to see such men
on juries, if for differing with a judge in opinion, when they only are
the lawful judges, they are liable to be treated like villains, like
perjurers, and enemies to their king and country; I say my lord such
behaviour to juries will make all gentlemen avoid that duty, and instead
of men of interest, of reputation and abilities, our lives, our
fortunes, and our reputations must depend upon the base