Fix footnote bodies
This commit is contained in:
@ -533,155 +533,155 @@ juror. This mode of appointment would guard against collusion and
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selection; and juries so appointed would be likely to be a fair epitome
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of “the country.”
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[Footnote 79: On the English Constitution.]
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[^79]: On the English Constitution.
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[Footnote 80: Although all the freemen are legally eligible as jurors,
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any one may nevertheless be challenged and set aside, at the trial, for
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any special _personal_ disqualification; such as mental or physical
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inability to perform the duties; having been convicted, or being under
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charge, of crime; interest, bias, &c. But it is clear that the common
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law allows none of these points to be determined by the court, but only
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by “_triers_.”]
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[^80]: Although all the freemen are legally eligible as jurors,
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any one may nevertheless be challenged and set aside, at the trial, for
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any special _personal_ disqualification; such as mental or physical
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inability to perform the duties; having been convicted, or being under
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charge, of crime; interest, bias, &c. But it is clear that the common
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law allows none of these points to be determined by the court, but only
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by “_triers_.”
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[Footnote 81: What was the precise meaning of the Saxon word, which I
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have here called _elderly_, I do not know. In the Latin translations it
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is rendered by _seniores_, which may perhaps mean simply those who have
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attained their majority.]
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[^81]: What was the precise meaning of the Saxon word, which I
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have here called _elderly_, I do not know. In the Latin translations it
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is rendered by _seniores_, which may perhaps mean simply those who have
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attained their majority.
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[Footnote 82: In 1483 it was enacted, by a statute entitled “Of what
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credit and estate those jurors must be which shall be impanelled in the
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Sheriff’s Turn.”
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[^82]: In 1483 it was enacted, by a statute entitled “Of what
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credit and estate those jurors must be which shall be impanelled in the
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Sheriff’s Turn.”
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> “That no bailiff nor other officer from henceforth return or impanel
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> any such person in any shire of England, to be taken or put in or
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> upon any inquiry in any of the said Turns, but such as be of good
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> name and fame, and having lands and tenements of freehold within the
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> same shires, to the yearly value of _twenty shillings_ at the least,
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> or else lands and tenements holden by custom of manor, commonly
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> called _copy-hold_, within the said shires, to the yearly value of
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> twenty-six shillings eight pence over all charges at the least.”—_1
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> Richard III._, ch. 4. (1483.)
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> In 1486 it was enacted, “That the justices of the peace of every
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> shire of this realm for the time being may take, by their discretion,
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> an inquest, whereof every man shall have lands and tenements to the
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> yearly value of _forty shillings_ at the least, to inquire of the
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> concealments of others,” &c., &c.—_3 Henry VII._, ch. 1 (1486.)
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A statute passed in 1494, in regard to jurors in the city of London,
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enacts:
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> “That no person nor persons hereafter be impanelled, summoned, or
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> sworn in any jury or inquest in courts within the same city, (of
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> London,) except he be of lands, tenements, or goods and chattels, to
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> the value of _forty marks_;[^86] and that no person or persons
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> hereafter be impanelled, summoned, nor sworn in any jury or inquest
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> in any court within the said city, for lands or tenements, or action
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> personal, wherein the debt or damage amounteth to the sum of forty
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> marks, or above, except he be in lands, tenements, goods, or
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> chattels, to the value of _one hundred marks_.”—_11 Henry VII._, ch.
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> 21. (1494.)
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The statute _4 Henry VIII._, ch. 3, sec. 4, (1512) requires jurors in
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London to have “_goods_ to the value of one hundred marks.”
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> In 1494 it was enacted that “It shall be lawful to every sheriff of
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> the counties of _Southampton_, _Surrey_, _and Sussex_, to impanel and
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> summons twenty-four lawful men of such, inhabiting within the
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> precinct of his or their turns, as owe suit to the same turn, whereof
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> every one hath lands or freehold to the yearly value of _ten_
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> shillings, or copy-hold lands to the yearly value of _thirteen
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> shillings four pence_, above all charges within any of the said
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> counties, or men of less livelihood, if there be not so many there,
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> notwithstanding the statute of _1 Richard III._, ch. 4. To endure to
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> the next parliament.”—_11 Henry VII._, ch. 26. (1494.)
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This statute was continued in force by _19 Henry VII._, ch. 16. (1503.)
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> In 1531 it was enacted, “That every person or persons, being the
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> king’s natural subject born, which either by the name of citizen, or
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> of a freeman, or any other name, doth enjoy and use the liberties and
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> privileges of any city, borough, or town corporate, where he dwelleth
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> and maketh his abode, being worth in _movable goods and substance_ to
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> the clear value of _forty pounds_, be henceforth admitted in trials
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> of murders and felonies in every sessions and gaol delivery, to be
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> kept and holden in and for the liberty of such cities, boroughs, and
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> towns corporate, albeit they have no freehold; any act, statute, use,
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> custom, or ordinance to the contrary hereof notwithstanding.”—_23
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> Henry VIII._, ch. 13. (1531.)
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> In 1585 it was enacted, “That in all cases where any jurors to be
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> returned for trial of any issue or issues joined in any of the
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> Queen’s majesty’s courts of King’s Bench, Common Pleas, and the
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> Exchequer, or before justices of assize, by the laws of this realm
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> now in force, ought to have estate of freehold in lands, tenements,
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> or hereditaments, of the clear yearly value of _forty shillings_,
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> that in every such case the jurors that shall be returned from and
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> after the end of this present session of parliament, shall every of
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> them have estate of freehold in lands, tenements, or hereditaments,
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> to the clear yearly value of _four pounds_ at the least.”—_27
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> Elizabeth_, ch. 6. (1585.)
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> In 1664-5 it was enacted, “That all jurors (other than strangers upon
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> trials _per medietatem linguæ_) who are to be returned for the trials
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> of issues joined in any of (his) majesty’s courts of king’s bench,
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> common pleas, or the exchequer, or before justices of assize, or nisi
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> prius, oyer and terminer, gaol delivery, or general or quarter
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> sessions of the peace, from and after the twentieth day of April,
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> which shall be in the year of our Lord one thousand six hundred and
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> sixty-five, in any county of this realm of England, shall every of
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> them thon have, in their own name, or in trust for them, within the
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> same county, _twenty pounds by the year_, at least, above reprises,
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> in their own or their wives’ right, of freehold lands, or of ancient
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> demesne, or of rents in fee, fee-tail, or for life. And that in every
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> county within the dominion of Wales every such juror shall then have,
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> within the same, _eight pounds by the year_, at the least, above
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> reprises, in manner aforesaid. All which persons having such estate
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> as aforesaid are hereby enabled and made liable to be returned and
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> serve as jurors for the trial of issues before the justices
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> aforesaid, any law or statute to the contrary in any wise
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> notwithstanding.”—_16 and 17 Charles II._, ch. 3. (1664-5.)
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By a statute passed in 1692, jurors in England are to have landed
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estates of the value of _ten pounds a year_; and jurors in Wales to have
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similar estates of the realm of _six pounds a year_.—_4 and 5 William
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and Mary_, ch. 24, sec. 14. (1692.)
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By the same statute, (sec. 18,) persons may be returned to serve upon
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the _tales_ in any county of England, who shall have, within the same
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county, _five pounds by the year_, above reprises, in the manner
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aforesaid.
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By _St_. 3 _George II_., ch. 25, sec. 19, 20, no one is to be a juror in
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London, who shall not be “an householder within the said city, and have
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lands, tenements, or personal estate, to the value of _one hundred
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pounds_.”
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By another statute, applicable only to the county of _Middlesex_, it is
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enacted,
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> “That all leaseholders, upon leases where the improved rents or value
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> shall amount to _fifty pounds or upwards per annum_, over and above
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> all ground rents or other reservations payable by virtue of the said
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> leases, shall be liable and obliged to serve upon juries when they
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> shall be legally summoned for that purpose.”—_4 George II._, ch. 7,
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> sec. 3. (1731.)
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> “That no bailiff nor other officer from henceforth return or impanel
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> any such person in any shire of England, to be taken or put in or
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> upon any inquiry in any of the said Turns, but such as be of good
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> name and fame, and having lands and tenements of freehold within the
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> same shires, to the yearly value of _twenty shillings_ at the least,
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> or else lands and tenements holden by custom of manor, commonly
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> called _copy-hold_, within the said shires, to the yearly value of
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> twenty-six shillings eight pence over all charges at the least.”—_1
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> Richard III._, ch. 4. (1483.)
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[^83]: Suppose these statutes, instead of disfranchising all
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whose freeholds were of less than the standard value fixed by the
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statutes, had disfranchised all whose freeholds were of greater value
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than the same standard—would anybody ever have doubted that such
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legislation was inconsistent with the English constitution; or that it
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amounted to an entire abolition of the trial by jury? Certainly not. Yet
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it was as clearly inconsistent with the common law, or the English
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constitution, to disfranchise those whose freeholds fell below any
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arbitrary standard fixed by the government, as it would have been to
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disfranchise all whose freeholds rose above that standard.
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> In 1486 it was enacted, “That the justices of the peace of every
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> shire of this realm for the time being may take, by their discretion,
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> an inquest, whereof every man shall have lands and tenements to the
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> yearly value of _forty shillings_ at the least, to inquire of the
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> concealments of others,” &c., &c.—_3 Henry VII._, ch. 1 (1486.)
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[^84]: _Lingard_ says: “These compurgators or jurors * * were
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sometimes * * _drawn by lot_.”—_1 Lingard’s History of England_, p.
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300.
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A statute passed in 1494, in regard to jurors in the city of London,
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enacts:
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[^85]: Chapter 4, p. 120, note.
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> “That no person nor persons hereafter be impanelled, summoned, or
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> sworn in any jury or inquest in courts within the same city, (of
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> London,) except he be of lands, tenements, or goods and chattels, to
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> the value of _forty marks_;[^86] and that no person or persons
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> hereafter be impanelled, summoned, nor sworn in any jury or inquest
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> in any court within the said city, for lands or tenements, or action
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> personal, wherein the debt or damage amounteth to the sum of forty
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> marks, or above, except he be in lands, tenements, goods, or
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> chattels, to the value of _one hundred marks_.”—_11 Henry VII._, ch.
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> 21. (1494.)
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The statute _4 Henry VIII._, ch. 3, sec. 4, (1512) requires jurors in
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London to have “_goods_ to the value of one hundred marks.”
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||||
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> In 1494 it was enacted that “It shall be lawful to every sheriff of
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> the counties of _Southampton_, _Surrey_, _and Sussex_, to impanel and
|
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> summons twenty-four lawful men of such, inhabiting within the
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> precinct of his or their turns, as owe suit to the same turn, whereof
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> every one hath lands or freehold to the yearly value of _ten_
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> shillings, or copy-hold lands to the yearly value of _thirteen
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> shillings four pence_, above all charges within any of the said
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> counties, or men of less livelihood, if there be not so many there,
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> notwithstanding the statute of _1 Richard III._, ch. 4. To endure to
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> the next parliament.”—_11 Henry VII._, ch. 26. (1494.)
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||||
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This statute was continued in force by _19 Henry VII._, ch. 16. (1503.)
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||||
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> In 1531 it was enacted, “That every person or persons, being the
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> king’s natural subject born, which either by the name of citizen, or
|
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> of a freeman, or any other name, doth enjoy and use the liberties and
|
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> privileges of any city, borough, or town corporate, where he dwelleth
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> and maketh his abode, being worth in _movable goods and substance_ to
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> the clear value of _forty pounds_, be henceforth admitted in trials
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> of murders and felonies in every sessions and gaol delivery, to be
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> kept and holden in and for the liberty of such cities, boroughs, and
|
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> towns corporate, albeit they have no freehold; any act, statute, use,
|
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> custom, or ordinance to the contrary hereof notwithstanding.”—_23
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> Henry VIII._, ch. 13. (1531.)
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||||
|
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> In 1585 it was enacted, “That in all cases where any jurors to be
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> returned for trial of any issue or issues joined in any of the
|
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> Queen’s majesty’s courts of King’s Bench, Common Pleas, and the
|
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> Exchequer, or before justices of assize, by the laws of this realm
|
||||
> now in force, ought to have estate of freehold in lands, tenements,
|
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> or hereditaments, of the clear yearly value of _forty shillings_,
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> that in every such case the jurors that shall be returned from and
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> after the end of this present session of parliament, shall every of
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> them have estate of freehold in lands, tenements, or hereditaments,
|
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> to the clear yearly value of _four pounds_ at the least.”—_27
|
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> Elizabeth_, ch. 6. (1585.)
|
||||
|
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> In 1664-5 it was enacted, “That all jurors (other than strangers upon
|
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> trials _per medietatem linguæ_) who are to be returned for the trials
|
||||
> of issues joined in any of (his) majesty’s courts of king’s bench,
|
||||
> common pleas, or the exchequer, or before justices of assize, or nisi
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> prius, oyer and terminer, gaol delivery, or general or quarter
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> sessions of the peace, from and after the twentieth day of April,
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> which shall be in the year of our Lord one thousand six hundred and
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> sixty-five, in any county of this realm of England, shall every of
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> them thon have, in their own name, or in trust for them, within the
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> same county, _twenty pounds by the year_, at least, above reprises,
|
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> in their own or their wives’ right, of freehold lands, or of ancient
|
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> demesne, or of rents in fee, fee-tail, or for life. And that in every
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> county within the dominion of Wales every such juror shall then have,
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> within the same, _eight pounds by the year_, at the least, above
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> reprises, in manner aforesaid. All which persons having such estate
|
||||
> as aforesaid are hereby enabled and made liable to be returned and
|
||||
> serve as jurors for the trial of issues before the justices
|
||||
> aforesaid, any law or statute to the contrary in any wise
|
||||
> notwithstanding.”—_16 and 17 Charles II._, ch. 3. (1664-5.)
|
||||
|
||||
By a statute passed in 1692, jurors in England are to have landed
|
||||
estates of the value of _ten pounds a year_; and jurors in Wales to have
|
||||
similar estates of the realm of _six pounds a year_.—_4 and 5 William
|
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and Mary_, ch. 24, sec. 14. (1692.)
|
||||
|
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By the same statute, (sec. 18,) persons may be returned to serve upon
|
||||
the _tales_ in any county of England, who shall have, within the same
|
||||
county, _five pounds by the year_, above reprises, in the manner
|
||||
aforesaid.
|
||||
|
||||
By _St_. 3 _George II_., ch. 25, sec. 19, 20, no one is to be a juror in
|
||||
London, who shall not be “an householder within the said city, and have
|
||||
lands, tenements, or personal estate, to the value of _one hundred
|
||||
pounds_.”
|
||||
|
||||
By another statute, applicable only to the county of _Middlesex_, it is
|
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enacted,
|
||||
|
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> “That all leaseholders, upon leases where the improved rents or value
|
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> shall amount to _fifty pounds or upwards per annum_, over and above
|
||||
> all ground rents or other reservations payable by virtue of the said
|
||||
> leases, shall be liable and obliged to serve upon juries when they
|
||||
> shall be legally summoned for that purpose.”—_4 George II._, ch. 7,
|
||||
> sec. 3. (1731.)]
|
||||
|
||||
[Footnote 83: Suppose these statutes, instead of disfranchising all
|
||||
whose freeholds were of less than the standard value fixed by the
|
||||
statutes, had disfranchised all whose freeholds were of greater value
|
||||
than the same standard—would anybody ever have doubted that such
|
||||
legislation was inconsistent with the English constitution; or that it
|
||||
amounted to an entire abolition of the trial by jury? Certainly not. Yet
|
||||
it was as clearly inconsistent with the common law, or the English
|
||||
constitution, to disfranchise those whose freeholds fell below any
|
||||
arbitrary standard fixed by the government, as it would have been to
|
||||
disfranchise all whose freeholds rose above that standard.]
|
||||
|
||||
[Footnote 84: _Lingard_ says: “These compurgators or jurors * * were
|
||||
sometimes * * _drawn by lot_.”—_1 Lingard’s History of England_, p.
|
||||
300.]
|
||||
|
||||
[Footnote 85: Chapter 4, p. 120, note.]
|
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|
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[Footnote 86: A mark was thirteen shillings and four pence.]
|
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[^86]: A mark was thirteen shillings and four pence.
|
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|
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