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The Historical Development of the Jury System - Primary Source Edition
Maximus A. Lesser
No preview available - 2014
The Historical Development of the Jury System (Classic Reprint)
Maximus A. Lesser
No preview available - 2016
accused action ancient Anglo-Saxon appears assise attaint authority body Bracton called cause chap chapter cited citizens civil jury civil law Code Civ common law compurgators Const constitutional conviction court Crim criminal custom Cycl decide decision defendant determine dikasteries dikasts Diocletian dispute duty England English equity established evidence existence Forsyth functions Glanville grand jury guilty Harv Henry Henry II Hist indictment inquest institution issue judex judge judgment judicial judicium jurata jurisdiction jurisprudence jurors jury system jury trial justice king magistrate Magna Charta matter mode of trial Norman oath opinion ordeal origin party persons petit jury plaintiff Pomeroy practice praetor prevailed Prof questions of fact Reeves referred reign render Roman Roman law rule Saxon sectatores selected sheriff statute Stubbs summoned sworn testimony tion trial by jury tribunal twelve unanimity verdict verdict of twelve Witenagemot witnesses York
Page 153 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Page 212 - Then went the jury out, whose names were, Mr. Blindman, Mr. No-good, Mr. Malice, Mr. Love-lust, Mr. Liveloose, Mr. Heady, Mr. High-mind, Mr. Enmity, Mr. Liar, Mr. Cruelty, Mr. Hate-light, and Mr. Implacable; who every one gave in his private verdict against him among themselves, and afterwards unanimously concluded to bring him in guilty before the Judge. And first, among themselves, Mr. Blind-man, the foreman, said, I see dearly that this man is a heretic. Then said Mr. No-good, Away with such a...
Page 152 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service ; and the land and naval forces in time of war...
Page 14 - For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
Page 15 - They have no lawyers among them, for they consider them as a sort of people whose profession it is to disguise matters, as well as to wrest laws ; and therefore they think it is much better that every man should plead his own cause, and trust it to the judge, as well as in other places the client does it to a counsellor.
Page 9 - Of Law, there can be no less acknowledged than that her seat is the bosom of God ; her voice, the harmony of the world...
Page 150 - May I speak a few words in my own defence? Judge. Sirrah, Sirrah, thou deservest to live no longer, but to be slain immediately upon the place; yet that all men may see our gentleness towards thee, let us hear what thou, vile runagate, hast to say.
Page 227 - In all criminal prosecutions the accused shall enjoy the right to a speedy public trial by an impartial jury...
Page 183 - Not less than twenty-one, nor more than seventy years of age. . 3. The owner, in his own right, of real or personal property, of the value of two hundred and fifty dollars ; or the husband of a woman who is the owner, in her own right, of real or personal property of that value.