The miscellaneous essays and occasional writings of Francis Hopkinson, Esq | ||
Sempronius.
A jury's like a door, no doubt,
The hardship is to make it out;
Yet by the help of tongue and brain,
I hope to make the likeness plain.
The hardship is to make it out;
Yet by the help of tongue and brain,
I hope to make the likeness plain.
Juries, like doors, empannel'd are,
And both secur'd by a bar:
Exactly balanc'd doors should be,
On equal hinges, turning free:
So juries right from wrong divide,
Not leaning false to either side;
But on two hinges justly act,
The one call'd law, the other fact.
A door is made to turn about,
To let folks in, or shut them out;
And with a lock and key made certain,
To keep the door and post from parting.
So to the duties of his station,
A jury's bound by admin'stration
Of oath, or solemn affirmation;
Which like a lock should keep them tight
To posts of justice fix'd upright;
But then the judge still keeps in pocket
A key to lock or to unlock it;
Knows all the wards, and springs, and screws
That bolt it fast, or let it loose;
For by the law, expounding conscience,
He'll make an oath, or sense, or nonsense;
Extent of affirmation measure,
Most learnedly by will and pleasure:
And prove that words in sense may vary,
And two opposed meanings carry;
The one for those of common sort,
The other for the learned court:
And so warp juries to that side
Which most shall please his wrath or pride,
Surrounding them with legal fences,
Until they've almost lost their senses:
Then blind their eyes, that he may shew
The way in which they ought to go.
And this explains what Adrian means,
By calling juries mere machines.
And both secur'd by a bar:
Exactly balanc'd doors should be,
On equal hinges, turning free:
So juries right from wrong divide,
Not leaning false to either side;
But on two hinges justly act,
The one call'd law, the other fact.
A door is made to turn about,
To let folks in, or shut them out;
And with a lock and key made certain,
To keep the door and post from parting.
So to the duties of his station,
A jury's bound by admin'stration
Of oath, or solemn affirmation;
Which like a lock should keep them tight
To posts of justice fix'd upright;
But then the judge still keeps in pocket
A key to lock or to unlock it;
234
That bolt it fast, or let it loose;
For by the law, expounding conscience,
He'll make an oath, or sense, or nonsense;
Extent of affirmation measure,
Most learnedly by will and pleasure:
And prove that words in sense may vary,
And two opposed meanings carry;
The one for those of common sort,
The other for the learned court:
And so warp juries to that side
Which most shall please his wrath or pride,
Surrounding them with legal fences,
Until they've almost lost their senses:
Then blind their eyes, that he may shew
The way in which they ought to go.
And this explains what Adrian means,
By calling juries mere machines.
The miscellaneous essays and occasional writings of Francis Hopkinson, Esq | ||