19 May 1808

I. Reasons

Ch.V. Advantages

§.│ │ Jury Trial extended

2. So again in the case of the Ecclesiastical Courts.

In the nature of the causes subjected to the jurisdiction of these judicatories there is nothing that should render Jury-trial less applicable than in ordinary causes any more than in the extraordinary sorts of causes called Equity causes.

A short[?] proof is that in divers instances, to the self-same question - to the same individual question of fact it may happen to be tried in either or both or may even go so far as to say in all three of these different judicatories: with a Jury in one case without a Jury in another.

Question about a Will - genuine or not genuine - free or obtained by compulsion - these and other questions that might be named are decided upon in a Common Law Court - in an Ecclesiastical Court - or in an Equity Court - in any one - in any two or in all three - and either with or without a jury according to the property in dispute - nor yet according to the value - nor yet with any thing like uniformity according to the nature of the subject matter - whether a thing immoveable or an assemblage of things moveable - but in the case of a thing immoveable, according to the technical and incomprehensible nature of the species of interest (freehold or leasehold for years) which the last possessor had in it.