JfRJSDICTIOX. 



JURY. 



.I.**, bide, a part of in own .hadow, and UM tot aaUUU iU sonear 

 Ib* piuwt ibat H anMt either eater or leave UM hadow behind the 

 alawTwUea also happen*, for UM most part, in the case of the 

 n?ta* .B.far7uTp^.tooppo.hirUJdowi.on i ti,. 



while 



after opposition 

 UMarstsMOond satellite*. The eclipi 



.fler 

 only are 



UM about S1.S|, Stand 41 hour*, one 

 witfc another. For UM use of theee eclipse* in determining 



JURISDICTION. This term U the Latin word JurM^io. which 

 sjfjalr *"!"< UM " deckraUnn of jus or Uw," WM used by UM 

 caJacalwritm to expnes the -adminUtration of Justice" (Cic. 



Fam.' Sap.l>*4to.)MwaUM-legal authority." (Cic. ' Agrar.' 

 J, c. M ; Sueton. Calig. e. !). He who had jirudirtio WM said 



JIM dKM*,* to ~ deeUre UM kw." The whole office (ejfa'iua) of him 

 wbo declared the Uw WM accordingly expre*ed by the word, 



.'. 1.). Jmtitiirtto WM either voluntary (nluHtana) 

 (etiwsMieai). The jurudidio rolmntaria related to certain 

 aeav BJBOB Ibr instance a* those form* of manumusion and adoption 

 which BMHt be done before a aMmfrvdu in order to be valid ; it is 

 therefore deaeribed in the Uw book* M an artie Ityi* (D. 1,16,3,* I). 

 1. JO, 1). The j*ri*Uaio eoteli<a reUted to litigation, and such 

 f*fl iniinmliiMS were arid to be " in jure," before the magistratus, M 

 eapoasd to the proceeding* before a JMMC, which were said to be " in 

 fajir The m*Mtrata WM*aid"iu dicere" or" reddere," when 

 be exercised hi* function*; and " magntratus " and " qui Roma: jus 

 dieif are accordingly convertible terms (Warnkucnig, ' Institution 

 Juris RoaiawY lib. iv. cap. i. tit vii., and Abdy'i ' Law of Civil 



Procedure arnuoit the Roman*,' chap, iit Jurisdiction in England, which 

 it iliiaul by Coke to be " PoteetM de Publico introducta cum neceasi- 

 We Jorie dicendi," 10 Co. 73, and U explained to bean " authority or 

 ewer which a manhai to do justice in cause* of complaint brought bef ore 

 him." mnur an authority which a court of law or equity has to decide 

 mitten thai are litigated before it or question* that are tried before 

 it. The court* at Weetmineter have Jurudiction all over EngUnd and 

 Wale* ; but the juriediction of other courts U limited by being con- 

 toed to certain limit* of *p*ce and to certain kind* of causes or matters 

 ia depute. When the Jurudiction of a court extends all over England, 

 k may etill be limited M to the kind of cauea* which it tries. Thus, 

 the anperior court* of Uw and the court* of equity have their several 

 jurisdictions M to matter* which they hear and determine. [EQfiTY.l 

 The mlietxtrel court* also have their separate jurisdiction ; and 

 other court*, each M the Probate and Divorce Court, Admiralty Court, 

 the Court of Insolvency , Borough Courts, County Courts, and others, 

 have their several Jurudiction*. It follows, that if proceedings are 

 riftTfrPfP^A agstiMt a man before a court which ha* nn juriadicti' >n in 

 the matter brought before it, the defendant may answer by alleging 

 that the court lua no jurisdiction; which i* called pleading to die 

 jurisdiction. When a party ia convicted by a court that has no juris- 

 diction in the matter, the pfnnrmdinn* may be moved into the Court of 

 Queen* Beach by the writ of Certiorari and quashed. [CEBTIUIIAUI.] 

 Those who have limited Jurudiction are liable to an action, if they 

 BMume a jurisdiction which they bare not. See Paley on ' Convictions,' 

 4th edition, p. 400. and 11 * 12 Viet. c. 44,*. 2. 



Jt'Klsl'lirUKM'B. The Latin word prtidentia (contracted from 

 rorielnilie) came, by a natural transition, to mean knowledge or under- 

 _-!. Habebaf tays Kepos, ' Life of Cimon,' c. 2) " magnam 



odeatiam torn juri* drift* turn rei mUitari* ; " bence penons skilled 

 UM Kotnaa Uw were called jmrii pmdeula, or limply pntdatUt ; in 



(Haubold* ' U 

 Oeaehicbfe de* 



they were called ronm/fi, M well M jttrii cnxtnlti. 

 Juris Komani,' lib. iv., cap. 5; 



If i t . nil MI ' 



cht.; p. 468, ed. xL) A large part of 



Uw was gradually adopted by the legislature and the judices 

 rritiagi of the jurist* : the emperors moreover sometimes 

 nopoiua) the judex WM bound to 

 Inst,' 1.2. 8) According 







M 6, 7. and SS. 4 



from the writings 

 OBOfaited person* wl 

 Inflow. <D. 1. 1 2, 



to the Morptation of the term /trade** or jmru nrwte*i in the Roman 

 Uw, jmn, pnJ*m* U sometiaaes limited to the dexterity of a practical 

 lMij*r in applying rale* of Uw to indiridual cases ; whence the teclniical 

 se of the term furtifrmJtmet in the French legal language for Uw 

 os.orooUMwrithin^urisU 

 U properly meant the science or philosophy 



of positive Uw, a* distuurusbed from partitular juruprn,!- ,- . < thv 

 knowledge of the Uw of a determinate nation. " Ocneral jurisprudence, 

 or the philosophy of positive Uw, U not concerned directly with th.- 

 cieMe of MfUUHnn : it U concerned directly with ]>tmciplea and 

 dietiactinos which are common to various systenm of jartirul 

 patitfve Uw, and which each of those various systems inevitiHy in 

 volrea, Ut it be worthy of praise or blame, or let it acooH ..r i 

 aa xmsaed misniri or test General jurisprudence U concerned with 

 U* M tt aiassmi-ily U. rather than with Uw u it ought to be ; with 

 law * H nuet be, lie it food or bad. rather than with Uw M it must 

 be. if it be good.* (Austin's UtiUme of a Course of Lectum on 

 OeMral JorUpradenee.' p. .) Fur nampU, ererjr system of positive 

 Uw nrast mvolve each notions M toveieliuti, legal right, legal duty, 

 UyU cic. ehrfl or criminal injury, the (rounds oflmputv 

 U*l guilt, and of noo-lBpntatioa or legal famooettor, property, pones- 



oon, Jte., which therefore belong to the province of general jurin- 

 prudence. [LAW; Lnuisi.ATiox.1 



A systematic treatise on general juriiiprudence does not fall within 

 the scope of thin Cyclopaedia. A detailed, precise, and lucid descrip- 

 tion ..( the province of general jurisprudence \\i\\ ! f..unii in Mr. 

 Aimtin'ii work un the subject (8vo., London, 1832), nml tin- nnnexud 

 outline of a course of lectures. Bentham's ' Troitc* de Legislation ' 

 aUo contain much valuable matter relating to this subject A ' 

 works on general jurisprudence may be seen in Krug's ' 1'hiloBopuischen 

 n, 1 in the article RrtkttlAn. 



.11 UV (in English Uw) U a term denoting an assembly "i 

 authorised to inquire into or determine factM, anil bound in both cases 

 by an oath to the faithful discharge of their duty. The etymological 

 derivation of the term is obviously from jura, to swear, \vli. 

 this institution called in forensic Latin jiin/.i. ..n.l tli>> \ 

 posing it jurati ; in French, k* jxrft ; and ill English, the jnrtj. \\ li. i 

 the object is inipiin- only, this tribunal is sometime* called an inquest 

 or inquisition, as in the inotance of a grand jury or coroner'x in 

 but when facts are to be determined by it for judicial purpose* it in 

 always styled a jury. When the trial by jury is spoken of in popular 

 language at the present day, it signifies the determination of facU in 

 the administration of civil or criminal justice l>y t v.<-!\ r men HV 

 decide facto truly according to the evidence produced before them. 



Inquiry into facto on behalf of the crown by means of juries WM 

 frequent in England long before the trial by jury wan common! 

 in courts of justice for judicial purposes. Thus we find, immediately 

 after the Conquest, inquisitions ad quod <lamnnm (which anciently 

 took place in all grants by the crown, though now of i 

 use) ; inquisitions pott mortem , which were instituted on the death of 

 the king's tenants, to ascertain of what lands they died seised ; inqui 

 sitions of lunacy (de lunatieo i<iuirtndn) ; and several other inqucxto, 

 which were called inquests of office, and took place where the crown 

 WM concerned in interest: all of these inquiries \\erc nwle l<y 

 of juries of the neighbourhood, who were presumed to be necessarily >n 

 Tenant with the facts. 80 in England also in the reign of John, when 

 the lands of the Normans were seised into the hands of the king, inqui- 

 sitions l>y jury were exn-uteil in each county to ascertain their \alue 

 and incidents. (Hardy's ' Kotuli Normanni;* 1 ,' vol. i., ],. 1'2-J.) 



Besides these juries of inquiry (/'.- -urala), there were nccti- 



satory juries (jurala iltlatoria), who presented offences committed 

 within their district or word, hundred, or county, to the king or his 

 commissioned justices. These inquests were immediately connected 

 with the administration of justice, their duty being to charge offenders, 

 who, upon such accusation, were put Upon their trial before judges, 

 and were afterwards condemned or " delivered " by them according to 

 the result of the trial. Though the character, incident*, and duties of 

 these accusatory juries in early times ore involved in much obscurity, 

 there U little doubt that they formed the origin of our present grand 

 juries. 



The number of persons composing juries of inquiry and accusatory 

 juries WM arbitrary, and might consist of more or occasionally i 

 than twelve men. 



The third species of jury is the institution liy which disputed facto 

 are to be decided for judicial purposes in the administration of civil or 

 criminal justice, and which is in modern times familiar to us under the 

 denomination of trial liii jury. Juries of this description have been 

 considered to exercise the same functions M the tlicattir (Suaunai) of 

 the Athenians and the jWicet of the Romans, and our trial by jury has 

 accordingly sometimes been considered to have been derived imme- 

 diately from Home, and ultimately from Greece. The precise time at 

 which this species of trial originated in Kngland has been tli 

 much animated discussion ; and in particular the question whether it was 

 known to the Anglo-Saxons, or was introduced by the Conqueror, has 

 been warmly debated. C'oke and Spelman, among earlier legal anti- 

 quaries, an I, in later times, Nicholson (Preface to Wilkins's ' Anglo- 

 Saxon Laws '), Blackstone. and Turner (' Anglo-Saxons,' vol. iv., 



i iint;iiii with much confidence the existence of this institution 

 before the Conquest. On the other bond, Hickes ('Dissert. I 



i utory of thn English Law,' vol. i., p. 24), and several 

 other learned writers, contend that it was introduced by the Conqueror, 

 or at least that it WM derived from the Xormans.and was not of Anglo- 

 Saxon origin. The latter opinion is adopted by Sir Francis Palgravc 

 li-h I'Mimuonwcalth,' v. i., p. 243. 



Will t entering minutely into this controversy, it may lie 



that the traces of the trial l,y jury, in the f,.rn,"in which it existed 

 for several centuries after the Conquest, are nn i ]y dig- 



i> lit customs of Normandy than in the few and 

 scanty fragments of Anglo-Saxon laws which have descent 

 our time. The tiial by 12 n.m].nr-ators, which was of canonical 



v.iix known to the An^lo-Saxons and also to many I 

 resembled the trial by jury only in the I: 

 "..in; and no conclusion can be drawn from this cirouin 

 M 12 was not only the common numW throughout Ijin 

 canonical and oilier purgations, but ..mritoUumlK-r in 



branch of the | K ,lity and jurisprudence of the Gothic nation 

 'Gloss., tit. Murata.') Besides this, the trial bycompurnton un 

 name of WMBT of I-a\v continued to l,e the law of EngUnd till 

 abolished, in 1833, and is treated by all writers and noticed in judicial 



