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Full text of "Political Science Of The State"

333                             POLITICAL SCIENCE.
what the court had decreed him, with  no help  from the
state.
In the Anglican race and to a considerable extent in other
states enjoying Christian civilization, wherever facts are to be
decided in private cases of importance, unless the parties
renounce that mode of proceeding, and in public cases where
the penalty goes beyond a trifling fine or a short imprison-
ment, a jury decides the facts under the superintendence of
the judge. We have already spoken of the jury as an institu-
tion which took its present form not with any set purpose,
but by growths and changes that took hold of earlier usages
and shaped them towards liberty by an instinct of freedom.
The first aspect of the jury, then, is its relations to the rights
of the people. As the judges were appointed by sovereigns,
and were then officers looking out for their fiscal affairs as
well as for the public peace and security, their temptation
was to neglect justice for the interests of their masters; or,
at least, to be more watchful for the prerogatives of the crown
than for the franchises of the nation. The principle of trial
by a court of one's peers protected the feudal landholders
against their sovereigns, and our common juries did the
same for the nation ; people served in this, capacity, who
were equally anxious for the public peace and for private
individual rights. This position of the jury again attaches
the people to the present order of things, for they see that
their rights are protected, and especially that persons obnox-
ious to the government need not be sacrificed to its power.
The decision of the jury in the trial of the seven bishops was
like the trumpet resounding through the land of Israel in the
year of jubilee. Another advantage of some moment from
this institution Is that it draws the attention of the people
towards the courts and the administration of justice, by mak-
ing them feel that they have a share in it, and by calling a
few of them continually to a position where they learn some-
thing concerning the institutions -of the country. Where
there is no jury, where justice has not a popular side, there
is danger of a suspicion that law in its processes is a jargon or