Note 58 — To the Right Honourable The Secretary of State, for the Home Department.

The jury are to inquire into and judge of all matters of fact connected with the death of a party, and in certain cases of flight, forfeiture, deodands, &c. and for that purpose to receive such evidence as may appear necessary. But they may give a verdict without testimony, where they themselves have cognizance of the fact; but if they give a verdict on their own knowledge, they ought to inform the court so. They may however be sworn as witnesses, and the fair way is to tell the court before they are sworn, that they have evidence to give.