heir military
officers or heretochs, their sheriffs, their conservators of the peace,
their coroners, their portreeves, (since changed into mayors and
bailiffs,) and even their tithing-men and borsholders at the last,
continued, some, till the Norman conquest, others for two centuries
after, and some remain to this day."--_4 Blackstone_, 413.

"The election of sheriffs was left to the people, _according to ancient
usage_."--_St. West._ 1, c. 27.--_Crabbe's History of English Law_,
181.]

CHAPTER V.

OBJECTIONS ANSWERED

The following objections will be made to the doctrines and the evidence
presented in the preceding chapters.

1. That it is a _maxim_ of the law, that the judges respond to the
question of law, and juries only to the question of fact.

The answer to this objection is, that, since Magna Carta, judges have
had more than six centuries in which to invent and promulgate pretended
maxims to suit themselves; and this is one of them. Instead of
expressing the law, it expresses nothing but the ambitious and lawless
will of the judges themselves, and of those whose instruments they
are.[73]

2. It will be asked, Of what use are the justices, if the jurors judge
both of law and fact?

The answer is, that they are of use, 1. To assist and enlighten the
jurors, if they can, by their advice and information; such advice and
information to be received only for what they may chance to be worth in
the estimation of the jurors. 2. To do anything that may be necessary in
regard to granting appeals and new trials.

3. It is said that it would be absurd that twelve ignorant men should
have power to judge of the law, while justices learned in the law should
be compelled to sit by and see the law decided erroneously.

One answer to this objection is, that the powers of juries are not
granted to them on the supposition that they know the law better than
the justices; but on the ground that the justices are untrustworthy,
that they are exposed to bribes, are themselves fond of power and
authority, and are also the dependent and subservient creatures of the
legislature; and that to allow them to dictate the law, would not only
expose the rights of parties to be sold for money, but would be
equivalent to surrendering all the property, liberty, and rights of the
people, unreservedly into the hands of arbitrary power, (the
legislature,) to be disposed of at its pleasure. The powers of juries,
therefore, not only