Page:History of Greece Vol V.djvu/418

894 HISTORY OF GREECE. mon feeling as well as the common reason of the public, — or often, indeed, only the separate feeling of particular fractions of the public, — to dictate the application of the law to particular cases : they are a protection against anything worse, — especially against such corruption and servility as are liable to taint per- manent official persons, but they cannot possibly reach anything better. Now the dikast trial at Athens efiected the same object, and had in it only the same ingredients of error and misdecision, bribed for giving a false verdict, which shows the offence to have been very common. The sheriff, who summoned the jury, was likewise greatly ac- cessory to this crime, by summoning those who were most partial and prejudiced. Carew, in his account of Cornwall, informs us that it was a common article in an attorney's bill, to charge ipro amidtid. vicecomitis. " It is likewise remarkable, that partiality and perjury in jurors of the city of London is more particularly complained of than in other parts of England, by the preamble of this and other statutes. Stow informs us that in 1468, many jurors of this city were punished by having papers fixed on their heads, stating their offence of having been tampered with by the parties to the suit. He likewise complains that this crying offence continued in the time of Queen Elizabeth, when he ■svTote his account of London : and Ful- ler, in his English "Worthies, mentions it as a proverbial saying, that Lon- don juries hang half and save half. Grafton also, in his Chronicle, informs us that the Chancellor of the diocese of London was indicted for a mur- der, and that the bishop wrote a letter to Cardinal Wolsey, in behalf of his officer, to stop the prosecution, ' because London juries were so prejudiced, that they would find Abel guilty for the murder of Cain.' " The punishment for a false verdict by the petty jury is by writ of at- taint: and the statute directs, that half of the grand-jury, when the trial is per medietatem linguce, shall be strangers, not Londoners. ' And there 's no London jury, but are led In evidence as far by common fame. As they are by present deposition.' (Ben Jonson's Magnetic Lady, Act. iii, Sc. 3.) "It appears by 15 Heniy the Sixth, c. 5, — which likewise recites the great increase of perjurj- in jurors, and in the strongest terms, — that in every attaint there were thirteen defendants ; the twelve jurors who gave the ver- dict, and the plaintiff or defendant who had obtained it, who therefore was supposed to have used corrupt means to procure it. Eor this reason, if the verdict was given in favor of the crown, no attaint could be brought, because the king could not be joined as a defendant with the jury who were prosecuted." Compare also the same work, pp. 394-457, and Mr. Amos's Notes on Fortescue de Laudib. Leg. Angliae, c. 27.