[4]
This practice of sending the king's judges into the counties
to preside at jury trials, was introduced by the Norman kings
Under the Saxons it was not so. No officer of the king was
allowed to preside at a jury trial; but only magistrates chosen
by the people.[5]
But the following chapter of John's charter, which immediately
succeeds the one just quoted, and refers to the same suits,
affords very strong, not to say conclusive, proof, that juries
judged of the law in civil suits that is, made the law, so far
as their deciding according to their own notions of justice could
make the law.
Chap. 23. "And if, on the county day, the aforesaid assizes
cannot be taken, so many knights and freeholders shall remain, of
those who shall have been present on said day, as that the
judgments may be rendered by them, whether the business be more
or less."
The meaning of this chapter is, that so many of the civil
suits, as could not be tried on the day when the king's justices
were present, should be tried afterwards, by the four knights
before mentioned, and the freeholders, that is, the jury.
Pages:
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279