...determination « of the court." " And it is (faith Sir Matthew Hale) the " confcience of the jury, that muft pronounce " the prifoner guilty, or not guilty,...he, at his " peril, muft take upon him the guilt or in" noccnce of the prifoner ; unhappy alfo for " the prifoner: for, if the Judge's opinion; " mull...

...fécond book of his Hiitory of the Pleas of the Crown, p. 313, exprefsly fays, '' That íhe confcience of the jury muft -pronounce the prifoner guilty or...cafe that could be to the judge, if he at his peril nuift take upon him the guilt or innocence of the prifoner; and if •the judge's opi-nion muft rule...

...the prifoner guilty or not guilty 5 for, to fay the truth, it were the moA unhappy cafe that coulJ be to the judge, if he at his peril muft take upon...and if the judge's opinion muft rule the matter of Let, the triaj by jury would be ufelcfs." , ' The learned Author of the Commentaries on the Law of...

...Hiftory of the Pleas of the Crown- p. 313, exprefsly fays, " That the confidence of die jury mu it pronounce the prifoner guilty or not guilty ; for,...unhappy cafe that could be to the judge, if he at his peiil muft take upon him ihe guilt or innocence of the prifoner; and if the judge's opinion muft rule...

...believe, and it is the confcience of the jury, that muft pronounce the prifoncr rw.'/y or not guilty. And to fay the truth, it were the moft unhappy cafe that...and if the judge's opinion muft rule the matter of fa£l, the trial by jury would be ufelefs. Whereupon, and upon view of the precedents in the court...