ion of such sentence.

The consequence is, that jurors must have the whole case in their hands,
and judge of law, evidence, and sentence, or they incur the moral
responsibility of accomplices in any injustice which they have reason to
believe will be done by the government on the authority of their
verdict.

The same principles apply to civil cases as to criminal. If a jury
consent, at the dictation of the court, as to either law or evidence, to
render a verdict, on the strength of which they have reason to believe
that a man's property will be taken from him and given to another,
against their own notions of justice, they make themselves morally
responsible for the wrong.

Every man, therefore, ought to refuse to sit in a jury, and to take the
oath of a juror, unless the form of the oath be such as to allow him to
use his own judgment, on every part of the case, free of all dictation
whatsoever, and to hold in his own hand a veto upon any verdict that can
be rendered against a defendant, and any sentence that can be inflicted
upon him, even if he be guilty.

Of course, no man can rightfully take an oath as juror, to try a case
"according to law," (if by law be meant anything other than his own
ideas of justice,) nor "according to the law and the evidence, _as they
shall be given him_." Nor can he rightfully take an oath even to try a
case "_according to the evidence_," because in all cases he may have
good reason to believe that a party has been unable to produce all the
evidence legitimately entitled to be received. The only oath which it
would seem that a man can rightfully take as juror, in either a civil or
criminal case, is, that he "will try the case _according to his
conscience_." Of course, the form may admit of variation, but this
should be the substance. Such, we have seen, were the ancient common law
oaths.

CHAPTER XI.

AUTHORITY OF MAGNA CARTA.

Probably no political compact between king and people was ever entered
into in a manner to settle more authoritatively the fundamental law of a
nation, than was Magna Carta. Probably no people were ever more united
and resolute in demanding from their king a definite and unambiguous
acknowledgment of their rights and liberties, than were the English at
that time. Probably no king was ever more completely stripped of all
power to maintain his throne, and at the same time resist the demands of
his people, than was John on the 15th day of June, 1215.