Indeed, I do not
know that it has ever been doubted that, at common law, all the
freeholders were eligible as jurors. If all had not been eligible,
we unquestionably should have had abundant evidence of the
exceptions. And if anybody, at this day, allege any exceptions,
the burden will be on him to prove them. The presumption clearly
is that all were eligible.
The first invasion which I find made, by the English statutes,
upon this common law principle, was made in I285, seventy years
after Magna Carta. It was then enacted as follows:
"Nor shall, any be put in assizes or juries, though they ought to
be taken in their own shire, that hold a tenement of less than the
value of twenty shillings yearly. And if such assizes and juries
be taken out of the shire, no one shall be placed in them who
holds a tenement of less value than forty shillings yearly at the
least, except such as be witnesses in deeds or other writings,
whose presence is necessary, so that they be able to travel.
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