History of Trial by Jury |
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Page xii
... WITNESSES , BECOME JUDGES OF EVIDENCE . 1. Mode of Trial where Witnesses were named in Deeds 150 · II . Mode of Trial PER SECTAM • 155 III . On the personal knowledge of the Jury as distinct from the Evidence . 158 SECT . CHAPTER VIII ...
... WITNESSES , BECOME JUDGES OF EVIDENCE . 1. Mode of Trial where Witnesses were named in Deeds 150 · II . Mode of Trial PER SECTAM • 155 III . On the personal knowledge of the Jury as distinct from the Evidence . 158 SECT . CHAPTER VIII ...
Page 16
... witnesses . In the course of the present chapter I shall have occasion to point this out more fully , when the different courts of Scandinavia come sepa- rately under our consideration . But it may be here stated generally , that ...
... witnesses . In the course of the present chapter I shall have occasion to point this out more fully , when the different courts of Scandinavia come sepa- rately under our consideration . But it may be here stated generally , that ...
Page 25
... witnesses , let them appear before the jury , and let each man swear the oath prescribed to him ; and the magistrate of the district shall dictate the oath1 . ' ' If a man ravishes a woman —is caught in the act — and twelve men prove ...
... witnesses , let them appear before the jury , and let each man swear the oath prescribed to him ; and the magistrate of the district shall dictate the oath1 . ' ' If a man ravishes a woman —is caught in the act — and twelve men prove ...
Page 26
... ( witnesses ) , ' a fact which must not be lost sight of , when we come to speak of the English jury in its earliest form . They had to 1 Asega literally means legem dicens , juridicus . - See Grimm , Deutsche Rechts Alterthümer . 2 ...
... ( witnesses ) , ' a fact which must not be lost sight of , when we come to speak of the English jury in its earliest form . They had to 1 Asega literally means legem dicens , juridicus . - See Grimm , Deutsche Rechts Alterthümer . 2 ...
Page 29
... witnesses in support of his charge , or swore to its truth by an oath called the asworen eth . And it was the pro- vince of the juries to decide upon the preliminary proof whether they would allow the trial to proceed or not . In this ...
... witnesses in support of his charge , or swore to its truth by an oath called the asworen eth . And it was the pro- vince of the juries to decide upon the preliminary proof whether they would allow the trial to proceed or not . In this ...
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Common terms and phrases
abbot according accused acquitted admitted alleged amongst ancient Anglo-Saxon Anglo-Saxon laws appear appointed assise assize attaint attend Bishop Bract Bracton called cause challenge charge civil committed compurgators conviction Court of Session crime criminal Curia Regis decided declare deed defendant determine dispute duty England English evidence existence fact favour Fleta give Glanvill grand jury guilty Henry II hundred indictment innocence inquest instance institution issue judges judgment judicial judicium jurata jurors jury system jury trial justice king king's knights land libel Lord Lord Mansfield matter means ment mode of trial Norman oath Octavo offence opinion ordeal parium parties persons plaintiff present presided prisoner proceedings proof proved quod reason recognitors respect says Scotland seems seisin sheriff shew statute sufficient summoned sworn taken testimony tion trial by jury tribunal tried truth twelve unanimous verdict wapentake wergild witnesses words writ writers
Popular passages
Page 332 - Constitution for the United States. The best judges of the matter will be the least anxious for a constitutional establishment of the trial by jury in civil cases, and will be the most ready to admit that the changes which are continually happening in the affairs of society may render a different mode of determining questions of property preferable in many cases in which that mode of trial now prevails.
Page 210 - You, as foreman of this grand jury, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge ; the counsel of the people of this state, your fellows...
Page 333 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence ; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Page 333 - The trial by jury is justly dear to the American people. It has always been an object of deep interest and solicitude, and every encroachment upon it has been watched with great jealousy.
Page 265 - But where the act is itself unlawful (as in the case of a libel) the PROOF of justification or excuse, lies on the defendant ; and in failure thereof, the law implies a criminal intent.
Page 454 - Kingston-upon-Hull, or Newcastle-upon-Tyne, and all Masters of Vessels in the Buoy and Light Service employed by either of those Corporations, and all Pilots licensed by the Lord Warden of the Cinque Ports, or under any Act of Parliament or Charter for the Regulation of Pilots in any other Port...
Page 170 - The triors, in case the first man called be challenged, are two indifferent persons named by the court ; and, if they try one man and find him indifferent, he shall be sworn; and then he and...
Page 334 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 459 - The Homilies, with Various Readings, and the Quotations from the Fathers given at length in the Original Languages. Edited by GE CORRIE, DD Master of Jesus College. Demy Octavo. Js. 6d. Two Forms of Prayer of the time of Queen Elizabeth. Now First Reprinted. Demy Octavo. 6d. Select Discourses, by JOHN SMITH, late Fellow of Queens
Page 452 - ... for the absolute term of twenty-one years, or some longer term or for any term of years determinable on any life or lives ; or who, being a householder, shall be rated or assessed to the poor rate or to...