Henry's account
of this matter doubtless gives a much more accurate
representation of the truth. He says that anciently
[23] There was no distinction between the civil and criminal
courts, as to the rights or powers of juries.
[24] This quaint and curious book; (Smith's Commonwealth
of England) describes the minutiae of trials, giving in detail
the mode of impaneling the jury and then the conduct of the
lawyers, witnesses, and court I give the following extracts,
tending to show that the judges impose no law upon the juries,
in either civil or criminal cases but only require them to
determine the causes according to their consciences.
In civil causes he says:
"When it is thought that it is enough pleaded before them,
and the witnesses have said what they can, one of the judges,
with a brief and pithy recapitulation, reciteth to the twelve
in sum the arguments of the sergeants of either side, that
which the witnesses have declared, and the chief points of the
evidence showed in writing, and once again putteth them in
mind of the issue, and sometime giveth it them in writing,
delivering to them the evidence which is showed on either part,
if any be, (evidence here is called writings of contracts,
authentical after the manner of England, that is to say, written,
sealed, and delivered,) and biddeth them go together.
Pages:
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249