The Historical Development of the Jury System |
From inside the book
Results 1-5 of 40
Page
... HENRY II . AND THE CIVIL JURY . 100 GROWTH OF THE CRIMINAL JURY .. 134 XII . XI . ON THE MEANING OF JUDICIUM PARIUM .. APPENDIX . PROVISIONS IN UNITED STATES AND STATE PRESENT ASPECT OF THE JURY CONSTITUTIONS ADDENDA .. INDEX . 162 171 ...
... HENRY II . AND THE CIVIL JURY . 100 GROWTH OF THE CRIMINAL JURY .. 134 XII . XI . ON THE MEANING OF JUDICIUM PARIUM .. APPENDIX . PROVISIONS IN UNITED STATES AND STATE PRESENT ASPECT OF THE JURY CONSTITUTIONS ADDENDA .. INDEX . 162 171 ...
Page 35
... Henry Sumner Maine , the actio sacramenti was " the un- doubted parent of all the Roman actions , and consequently of most of the civil remedies now in use in the world . " 18 The second stage in the development of the Judex oc- curred ...
... Henry Sumner Maine , the actio sacramenti was " the un- doubted parent of all the Roman actions , and consequently of most of the civil remedies now in use in the world . " 18 The second stage in the development of the Judex oc- curred ...
Page 61
... II . And see chap . VIII , note 3 . Maine ( Ancient Law , c . I. ) considers ... Henry VIII . it was enacted in parliament that a review should be had of the ... II . c . II . note 28 ) remarks that " there are few things in our history ...
... II . And see chap . VIII , note 3 . Maine ( Ancient Law , c . I. ) considers ... Henry VIII . it was enacted in parliament that a review should be had of the ... II . c . II . note 28 ) remarks that " there are few things in our history ...
Page 70
... Henry II . ] neither unlikely nor abrupt . Of the exact mode in which trials were conducted in these [ ante- Norman ] courts , we know little ; but the Anglo - Saxon laws and contemporaneous annals make frequent men- tion of two classes ...
... Henry II . ] neither unlikely nor abrupt . Of the exact mode in which trials were conducted in these [ ante- Norman ] courts , we know little ; but the Anglo - Saxon laws and contemporaneous annals make frequent men- tion of two classes ...
Page 72
... Henry II . " ( Id . 36. ) Danes , Swedes , and Norwegians - in which he 72 HISTORY OF THE JURY SYSTEM .
... Henry II . " ( Id . 36. ) Danes , Swedes , and Norwegians - in which he 72 HISTORY OF THE JURY SYSTEM .
Other editions - View all
Common terms and phrases
accused action ancient Anglo-Saxon appears assise attaint authority Blackstone body Bracton called cause chap 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 duodecim duty England English established evidence existence Forsyth functions Glanville grand jury guilty Harv Henry Henry II Hist indictment inquest institution issue judex judge judgment judicial judicium parium jurata jurisdiction jurisprudence jurors jury system jury trial king magistrate Magna Charta matter mode of trial Norman oath opinion ordeal parium party persons petit jury plaintiff Pomeroy practice prætor prevailed Proc 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
Popular passages
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.
Page 132 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever.