An Essay on the Trial by JurySatisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is' |
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Common terms and phrases
according accused acts of parliament administration of justice amerced ancient appointed assent authority bailiffs barons Blackstone bound called cause chapter of Magna Charter civil suits Coke common law consciences consent constitution coronation county court court-baron court-leet crime customs determine dictate Earl Edward Edward III Edward the Confessor eligible as jurors enacted enforce England English evidence execution fact freeholders freeman give Henry Henry III hundred court injustice Inst judgment judicial judicium parium suorum jurisdiction jury trials king king's justices kingdom land legem terræ legislative power liberties lord Magna Carta majority manor matter meaning ment natural law nec super eum oath offences officers oppression parliament party peers person plea principle probably protection punishment realm reason rendered resistance Saxon says sheriff statute steward sworn thing tion trial by jury tribunal twelve tyranny unjust unless whole William the Conqueror Witan Witenagemot words writ
Popular passages
Page 200 - The power and jurisdiction of parliament, says Sir Edward Coke, is so transcendent and absolute that it cannot be confined. either for causes or persons, within any bounds.
Page 96 - For all which treasons and crimes this Court doth adjudge that he, the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by the severing of his head from his body.
Page 45 - Parliament, that no man, of what estate or condition that he be, should be put out of his land or tenement, nor taken nor imprisoned nor disinherited, nor put to death, without being brought to answer by due process of law...
Page 195 - Charter of Liberties and the Charter of the Forest, which were made by common assent of all the realm, in the time of King Henry our father, shall be kept in every point without breach.
Page 193 - England, by people dwelling and resident in the same counties, whereof every one of them shall have free land or tenement to the value of forty shillings by the year at the least above all charges...
Page 205 - ... the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases! ... [I]t is the most transcendent privilege which any subject can enjoy, or wish for...
Page 110 - You shall well and truly try the issue between the parties, and a true verdict give, according to the evidence, so help you God ;" and the juror kisses the New Testament.
Page 90 - ... you shall present the truth, the whole truth, and nothing but the truth, to the best of your knowledge. So help you God.
Page 200 - Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same?
Page 197 - Coke observes, was for the most part declaratory of the principal grounds of the fundamental laws of England.