29 April 1808

§.14.

I. Reasons for the Work

§.14. Jury Trial improvable

§. │ │ By the simplicity and clearness thus given to the state of the question, Jury trial would to the extent of the application given to it in Scotland, be employed in a state nearer approaching to perfection than at present it is in England.

1. Whatsoever beneficial effects may be or be supposed to be attached, in fact, to Jury Trial as conducted in English practice, will be found referable either to the mode of procedure connected with it, or to the composition of the judicatory. Those which stand attached to the mode of procedure ought to be placed to that account, and not to that of the composition of the judicatory, unless in such instances, if any, in which the advantages attached to the mode of procedure, could not be given to it under a judicatory any otherwise composed.

2. If in Jury trial there be any beneficial points exclusively attached to the composition of the judicatory they can attach no otherwise than in proportion to the magnitude of the share which the Jury really possess and habitually exercise in the determination of the decision, the verdict as it is called, which passes under their name.