JURY. 



^■T'itc and round, and about half tlie Cue of a hen's egg, and than once infided on, as the principal bul-.v-ark of our li- 



are very well tailed. berties. (Sec Jvmcivsi panuiii ) And it has boon ever 



JURY, in Common Lav.', fignifies twenty-four, or twelve eftcemed, in all countries capable of appretiating its im- 



men, fwoni to inquire of a mnttcr of faft, and declare the portance and utility, a privilege of the highell and moll 



tr;:tli, upon fuch evidence as ihall be delivered them touching beneficial nature, 

 the matter in quelliun. Trials by ju»y in civil caufcs arc of two kinds ; extraor- 



_The mode of trial by jury, called a!fo the trial " per dinary and ordinary. The firll fpecies of extraordinary trial 



pais," or " by the country," is very ancient, and feems to by jury is that of the grand alTize. See A.«S1ZES. 

 have been coeval with the civil government cf this nation. Another fpecies of extraordinary juries, is the jury to try 



Some authors have endeavoured to trace the original of zn Atta'ml ; which foe. 



juries up as high as the Britons themfelves, the firil inha- With regard to the ordinary trial by jury in civil cafes, 

 bitants of our illand ; it is certain, however, that they were when an ifiue is joined, the court awards a writ of I'enirc 

 in ufe among the earlielt Saxon colonies, their inlUtution facias, which is accordingly iffued to the (herifF. Thus the 

 being afcribed by bilhop Nicholfon to Woden himfelf, their caufe Hands for a trial at th: bar of tlie court itfclf, pro- 

 great legiflator and captain. Sir John Soelman has repre- vided it be of confequence ; but all trifling fuits arc ended 

 Tented Alfred as the author of trials by juries ; but his proof in tlie court baron, hundred, or county courts. However, 

 has not been thought to be docifive. Dr. Pettingal, who when the ufage began to bring adions of any trifling value 

 has found the ufe and praitice of juries amongil the ancient in the courts of Wel'iminfter-hall, it was found very incon- 

 Greeks and Romans, and who thinks that the rife of the venient to compel the parties, witneffes, and j'.irors, to come 

 Enghfh jury may be deduced from them, has fupported his from the remoteil parts of the country to try a trivial atlion 

 opinion with much ingenuity and learning. at Wcftminiler ; and, therefore, the Icgiflature referred 



Traces of this mode of trial in Germany have been matters in iffue to the juftices of pffife. Accordingly it was 



thought to be vifible in the lOO co-afiefTors, mentioned by enatled by I ; Edw. I. cap. 30. that a claufe oimfi print 



Tacitus, as chofen out of the Ingenui, which the lord of a iliould be 'inierted in all the writs of venire facias, by virtue 



territory had when he fat in judgment. This number, fays of which the (herifF returned his jurors to the court of the 



Mr. Carte, prevailed undoubtedly among the Saxons, as it juftices of afiife, which was fure to be held in the vacation 



did likewife in all the northern nations, till fucceeding times before Ealter and Michaelmas terms, and there the trial was 



gave occaiion to fome alterations. Thus, among the Danes, had. But this method was inconvenient, and therefore was 



the number of thefe aflTciTors was rellramed to twelve in the altered by 42 Edw, III. cap. 11. which llatute ena:led, 



time of Redner Ladebrog ; and the fame number is flill that no inquells, except of affife and gaol delivery, (liuuld be 



kept up in Sweden. When it was firft thus reduced in taken by writ of tiift prius, till after the fheriff had returned- 



England does not appear from any palfage in our old liif- the names of the jurors to the court above. It is now the 



torian'!. Neverthelefs, Mr. Carte infers, that this was the courie to make the flierifF's venire returnable on the lad 



ellabhflied number in Alfred's time, from his hanging Cad- return of the fame term wherein ilTue is joined, viz. Hilary 



wine for fentencin^ a man to that kind of death, without or Trinity terms, which are called iffuable terms ; and he 



the afient of all the twelve jurors, upon whom he had put returns the names of the jurors in a panel, i.e. little pane, 



himfelf to be tried ; and from the laws which he gave to or oblong piece of parchment, annexed to the writ. This 



Gothurn. According to the fame hiitorian, it is very pro- jury is not funimoned, and therefore not appearing at the 



bable that Alfred was the author of extending to civil day, mull unavoidably make default : for which reafon a 



caufes the trial by jury, which had been, perhaps, ufed be- compullive procefs is now awarded againft the jurors, called 



fore only in criminal cafes. Sir William Blackilone con- in the common pleas a u-rit of haber.s corpora juratorum, and 



tends, that this is a mode of trial which has prevailed time in the king's bench a iliflringas. The entry, therefore, on 



out of mind in this nation. Accordingly he fays, traces the roll or record is, " tliat the jury is rcfpited, through de- 



of juries may be fo\iHd in the laws of all thofe nations feft of the jurors, till the lirll day of the next term, then to 



which adopted the feudal fyilem, as in Germany, France, appear at We'iminller ; unlcfs before that time, viz. on 



and Italy, and in England we find aSual mention of them Wednefday the fourth of March, the jullices of our lord 



fo early as the laws of king Ethehcd, and even then not as the king appointed to take allizes in that county fhall have 



a new invention. The truth, fir William fays, feems to be, come to the place aiTigned for holding the afiizes, Sec." 



that this tribunal was univerfally eflablifhed among all the And as the judges are fure to come and open the circuit 



northern nations ; and f^) interwoven in their v.ry coiiili- commiflions on the day mentioned in the writ, the (hccifF 



tution, that tl;e earliell accounts of one, jjive us alfe fome returns and fummons this jury to appear at the aflizes, and 1 



traces of the other. On the other hand, there are not there the trial is had before the juftices of affize and nifi 



wanting confiderable names, who refer the introdu.Slion of prius ; among whom arc ufually two of the judges of the 



juries into England to a much later period. Dr. Hickes, courts at Weftminfler, the whole kingdom being divided 



who finds the original of this intlitusion in Scandinavia, into fix circuits for this purpofe. If the fheriff be not an 



afferts, that it v.'as not known to the Saxons, and that it indifferent pcrfon, or if he be a party in the fuit, or be rc- 



•did not take place in our own country till after the Norman lated cither by blood or affinity to either of the parties, the 



conqueft. Mr. Harrington and Dr. Henry, in deference, as -ocnire iTiall be dircded, not to him, but to the coroners ; 



it (hould principally fec;n, to Dr. Hickes's profound know- and if any exception lies ag-.inft them, to two clerks cf the 



ledge in Saxon learning, have given their faniflion to thefe court, or to two perfons of the county named by the court 



fentiments : but it clearly appears that they have done fo and fworn, and called elifors, or clciflors, whj (hall indif- 



without fu.Ticicnt reafon. The cflablifhment and ufe of ferently name the jury, and their return is final. In order 



this mode of trial, in our idand, though for a time greatly farther to remove all fufpicion of partiality, it is provided 



impaired and (hakcn by the introdudion of the Norman by the itatutes 4 Edw. III. cap. 2. 8 R;c. II. cap. 2. and 



trial by battle, were fo highly efteemed and valued by the 2>S Hen. VIII. cap. 24 that no judge of afTize (hould hold 



people, that no conqued, no change of government, could pleas in any county where he was born or inhabits. See 



<ver pjevail to aboLfh it. In " Magna Carta" it is more 12 Geo. II. c, 27. and Jl'stice.s of Oyer, &c. 



When 



