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according accused acquitted admitted alleged amongst ancient Anglo-Saxon Anglo-Saxon laws appear assise assize attaint Bracton called cause challenge charge committed compurgators constitution conviction Court of Session crime criminal Curia Regis decided declare defendant determine discharged dispute doubt duty England English evidence existence fact favour felony Fleta give grand jury guilty hundred indictment innocence inquest institution issue judges judgment judicial judicium jurata jurors jury in civil jury system jury trial jurymen justice king king's land libel Lord Lord Mansfield matter means ment mode of trial oath Octavo offence opinion ordeal parties persons petit jury plaintiff present presiding principle prisoner proceedings proof proved question of law reason reign respect rule says Scotland seems sheriff shew statute sufficient summoned sworn taken tion trial by jury tribunal tried truth twelve unanimous verdict wapentake wergild witnesses words writ
Page 342 - Constitution for the United States. The best judges of the matter will be the least anxious for a constitutional establishment of the trial by jury in civil cases, and will be the most ready to admit that the changes which are continually happening in the affairs of society may render a different mode of determining questions of property preferable in many cases in which that mode of trial now prevails.
Page 343 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence ; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Page 343 - The trial by jury is justly dear to the American people. It has always been an object of deep interest and solicitude, and every encroachment upon it has been watched with great jealousy.
Page 275 - But where the act is itself unlawful (as in the case of a libel) the PROOF of justification or excuse, lies on the defendant ; and in failure thereof, the law implies a criminal intent.
Page 464 - Kingston-upon-Hull, or Newcastle-upon-Tyne, and all Masters of Vessels in the Buoy and Light Service employed by either of those Corporations, and all Pilots licensed by the Lord Warden of the Cinque Ports, or under any Act of Parliament or Charter for the Regulation of Pilots in any other Port...
Page 180 - The triors, in case the first man called be challenged, are two indifferent persons named by the court ; and, if they try one man and find him indifferent, he shall be sworn; and then he and...
Page 344 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 469 - The Homilies, with Various Readings, and the Quotations from the Fathers given at length in the Original Languages. Edited by GE CORRIE, DD Master of Jesus College. Demy Octavo. Js. 6d. Two Forms of Prayer of the time of Queen Elizabeth. Now First Reprinted. Demy Octavo. 6d. Select Discourses, by JOHN SMITH, late Fellow of Queens