These properties of just and rational judicature considered, I cannot forbear to observe the excellent constitution of the courts of justice established both for Common and also for Public Pleas in England. By Common Pleas, I mean those where both the complainant and defendant are subjects; and by public, which are also called Pleas of the Crown, those where the complainant is the sovereign. For whereas there were two orders of men, whereof one was Lords, the other Commons; the Lords had this privilege, to have for judges in all capital crimes none but Lords; and of them as many as would be present; which being ever acknowledged as a privilege of favour, their judges were none but such as they had themselves desired. And in all controversies, every subject (as also in civil controversies the Lords) had for judges men of the country where the matter in controversy lay; against which he might make his exceptions, till at last twelve men without exception being agreed on, they were judged by those twelve. So that having his own judges, there could be nothing alleged by the party why the sentence should not be final. These public persons, with authority from the sovereign power, either to instruct or judge the people, are such members of the commonwealth as may fitly be compared to the organs of voice in a body natural.