But this is not all. The government has not only assumed
arbitrarily to classify the people, on the basis of property, but
it has even assumed to give to some of its judges entire and
absolute personal discretion in the selection of the jurors to be
impaneled in criminal cases, as the following statutes show.
"Be it also ordained and enacted by the same authority, that all
panels hereafter to be returned, which be not at the suit of any
party, that shall be made and put in afore any justice of gaol
delivery or justices of peace in their open sessions to inquire
for the king, shall hereafter be reformed by additions and taking
out of names of persons by discretion of the same justices before
whom such panel shall be returned; and the same justices shall
hereafter command the sheriff, or his ministers in his absence, to
put other persons in the same panel by their discretions; and that
panel so hereafter to be made, to be goodand lawful. This act to
endure only to the next Parliament " 11 Henry VII.
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