This mode of
appointment would guard against collusion and selection; and
juries so appointed would be likely to be a fair epitome of "the
country."
[1]On the English Constitution.
[2] Although all the freemen are legally eligible as jurors, any
one may nevertheless be challenged and set aside, at the trial,
for any special personal disqualification; such as mental or
physical inability to perform the duties; having been convicted,
or being under charge, of crime; interest, bias, &c;. But it is
clear that the common law allows none of these points to be
determined by the court, but only by "triers."
[3] What was the precise meaning of the Saxon word, which I have
here called elderly, I do not know. In the Latin translations it
is rendered by seniores, which may perhaps mean simply those
who have attained their majority.
[4] In 1485 it was enacted, by a statute entitled " Of what credit
and estate those jurors must be which shall be impaneled in the
Sheriff's Turn.
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