Of course, this principle forbids the selection to be made by any
officer of the government.
There seem to have been at least three modes of selecting the
jurors, at the common law. 1. By lot. [7] 2. Two knights, or other
freeholders, were appointed, (probably by the sheriff,) to select
the jurors. 3. By the sheriff, bailiff, or other person, who held
the court, or rather acted as its ministerial officer. Probably
the latter mode may have been the most common, although there
may be some doubt on this point.
At the common law the sheriff's, bailiffs, and other officers were
chosen by the people, instead of being appointed by the king. (4
Blackstone, 413. Introduction to Gilbert's History of the Common
Pleas, p. 2; note, and p. 4.) This has been shown in a former
chapter. [8] At common law, therefore, jurors selected by these
officers were legally selected, so far as the principle now under
discussion is concerned; that is, they were not selected by any
officer who was dependent on the government.
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