"
Same, p. 337.
Also, "This tribunal" (the aula regis, or king's court, afterwards
divided into the courts of King's Bench, Common Pleas,
and Exchequer) "was properly the ordinary baron-court of the
king; and, being in the same circumstances with the baron courts
of the nobility, it was under the same necessity of trying causes
by the intervention of a jury." Same, vol. 2, p. 292.
Speaking of the times of Edward the First, (1272 to 1307,) Millar
says:
"What is called the petty jury was therefore introduced into
these tribunals, (the King's Bench, the Common Pleas, and the
Exhequer,) as well as into their anxiliary courts employed to
distribute justice in the circuits; and was thus rendered
essentially necessary in determining causes of every sort,
whether civil, criminal, or fiscal." Same, vol. 2, p. 293-4.
Also, "That this form of trial (by jury) obtained universally in
all the feudal governments, as well as in that of Eng-1and, there
can be no reason to doubt.
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