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[ 12 ] to their free opinions. The only material difference between a Sovereign and a Judge is, that the one enforces the law, and the other explains it. But neither has any legal authority to deprive the people of their dearest rights. For the nation ought on no account to rely on the capricious, partial, or inscrutable arbitrium of any individual whatsoever.

Whether the trial by jury arose from the popular assemblies, or the assemblies from that mode of trial, is, my Lord, I believe not ascertained. Certain it is, that we can trace the trial by jury up to the Athenians. Every free citizen of Athens was a juror, if he pleased, for he had a right to sit as a Judge. Citizens, there, must have even sat at the Areopagus as jurors or judges, which terms are undoubtedly synonymous. For although it is said that Solon instituted only nine Archons as members of that Court, yet it is recorded that on the condemnation of Socrates, there were no less than a majority of 361 against: him in the Areopagus. From this great majority we may imagine, that