be taken." Now Magna Carta says nothing of trial by jury; but only
of the judgment, or sentence, of a jury. It is only by inference that
we come to the conclusion that there must be a trial by jury. Since
the jury alone can give the judgment, or sentence, we infer that
they must try the case; because otherwise they would be
incompetent, and would have no moral right, to give judgment.
They must, therefore, examine the grounds, (both of law and fact,)
or rather try the grounds, of every action whatsoever, whether it be
decided on "default, demurrer," or otherwise, and render their
judgment, or sentence, thereon, before any judgment can be a legal
one, on which "to take a party's goods or person." In short, the
principle of Magna Carta is, that no judgment can be valid against
a party's goods or person, (not even a judgment for costs,) except a
judgment rendered by a jury. Of course a jury must try every
question, both of law and fact, that is involved in the rendering of
that judgment. They are to have the assistance and advice of the
judges, so far as they desire them; but the judgment itself must be
theirs, and not the judgment of the court.

As to "process of attachment for contempt," it is of course lawful
for a judge, in his character of a peace officer, to issue a warrant
for the arrest of a man guilty of a contempt, as he would for the
arrest of any other offender, and hold him to bail, (or, in default of
bail, commit him to prison,) to answer for his offence before a
jury. Or he may order him into custody without a warrant when the
offence is committed in the judge's presence.

But there is no reason why a judge should have the power of
punishing, for contempt, any more than for any other offence. And
it is one of the most dangerous powers a judge can have, because it