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Thoughts on the Present Discontents, and Speeches, etc. by Edmund Burke
page 110 of 151 (72%)
execute this trust. We may, when we see cause of complaint,
administer a remedy; it is in our choice by an address to remove an
improper judge, by impeachment before the peers to pursue to
destruction a corrupt judge, or by bill to assert, to explain, to
enforce, or to reform the law, just as the occasion and necessity of
the case shall guide us. We stand in a situation very honourable to
ourselves, and very useful to our country, if we do not abuse or
abandon the trust that is placed in us.

The question now before you is upon the power of juries in
prosecuting for libels. There are four opinions. 1. That the
doctrine as held by the courts is proper and constitutional, and
therefore should not be altered. 2. That it is neither proper nor
constitutional, but that it will be rendered worse by your
interference. 3. That it is wrong, but that the only remedy is a
bill of retrospect. 4. The opinion of those who bring in the bill;
that the thing is wrong, but that it is enough to direct the
judgment of the court in future.

The bill brought in is for the purpose of asserting and securing a
great object in the juridical constitution of this kingdom; which,
from a long series of practices and opinions in our judges, has, in
one point, and in one very essential point, deviated from the true
principle.

It is the very ancient privilege of the people of England that they
shall be tried, except in the known exceptions, not by judges
appointed by the Crown, but by their own fellow-subjects, the peers
of that county court at which they owe their suit and service; out
of this principle trial by juries has grown. This principle has
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