On the Trial By Jury
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22 ON THE TRIAL BY JURY.
It seems, therefore, to be probable, that recourse was had to this mode of trial in the Icing's courts, when soon after the Conquest they in a great meas- ure superseded the ancient Saxon courts.^ It may perhaps be difficult to limit the inquisitio per juratam patrice to a time subsequent to the Conquest, as it is well known, that by a law of King Ethelred, still extant, twelve men in every hundred were with their prepositus sworn to present all malefactors.'' The jury ...thus instituted has been regarded by some as the origin of our present system of jury trial. It is, however, to be observed, that this was but a jurata delatoria, or jury of accusation, on which the party accused might be subjected to the ordeal or other mode of compurgation, but was not a jury for the trial of disputed facts. It is, indeed, highly probable that this was the prototype of the succeeding and present grand juries, and was the first to make those presentments which have afterwards been frequently made by grand juries and hundredors.^ It appears, 1 Inquisitions, however, were not always made by means of juries : during the Saxon era they were frequently made by the men of different hundreds, according to the exigency of the case ; in the reign of Canute, an inquiry was maile before nine hundreds ; and in the reign of Wil- liam II.
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To quickly assess the difficulty of the text, read a short excerpt:
22 ON THE TRIAL BY JURY.
It seems, therefore, to be probable, that recourse was had to this mode of trial in the Icing's courts, when soon after the Conquest they in a great meas- ure superseded the ancient Saxon courts.^ It may perhaps be difficult to limit the inquisitio per juratam patrice to a time subsequent to the Conquest, as it is well known, that by a law of King Ethelred, still extant, twelve men in every hundred were with their prepositus sworn to present all malefactors.'' The jury ...thus instituted has been regarded by some as the origin of our present system of jury trial. It is, however, to be observed, that this was but a jurata delatoria, or jury of accusation, on which the party accused might be subjected to the ordeal or other mode of compurgation, but was not a jury for the trial of disputed facts. It is, indeed, highly probable that this was the prototype of the succeeding and present grand juries, and was the first to make those presentments which have afterwards been frequently made by grand juries and hundredors.^ It appears, 1 Inquisitions, however, were not always made by means of juries : during the Saxon era they were frequently made by the men of different hundreds, according to the exigency of the case ; in the reign of Canute, an inquiry was maile before nine hundreds ; and in the reign of Wil- liam II.
What to read after On the Trial By Jury?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Starkie to read onlineMoreLess
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