They had no idea that a body composed of several could act by the opinion of a small majority.

But experience having shown that this method of trial was tumultuary and uncertain, they corrected it by the idea of compurgation.

The party concerned was no longer put to his oath,--he simply pleaded; the compurgators swore as before in ancient times; therefore the jury were strictly from the neighborhood, and were supposed to have a personal knowledge of the man and the fact.

They were rather a sort of evidence than judges: and from hence is derived that singularity in our laws, that most of our judgments are given upon verdict, and not upon evidence, contrary to the laws of most other countries.

Neither are our juries bound, except by one particular statute, and in particular cases, to observe any positive testimony, but are at liberty to judge upon presumptions.