Jury in Europe

Definition of Jury

(Lat. jurare, to swear.) A body of sworn men summoned to decide questions of fact in a judicial proceeding. The jury in origin was “a body of neighbours summoned by some public officer to give, upon oath, a true answer to some question” (Maitland). The jury is “the principal criterion of truth in the law of England ” (Blackstone). They were, or represented, “the country.” They testified to and decided issues of fact of their own knowledge. With the introduction of sworn witnesses the jury became exclusively the judges of fact.
The sworn inquest was introduced by the Normans into England from the procedure of the Carlovingian Kings of France. The inhabitants of a district were summoned by a royal officer to testify and to declare or decide matters of fact relating to property and offences. In England in Anglo-Saxon times judgment was pronounced by the suitors to the communal Courts, who sat under the presidency of the sheriff or other officer.
Henry II inaugurated the assize (q.v.) in lieu of trial by battle for deciding disputed questions of property. It was summoned to answer certain specific questions only. The jurata, or jury proper, replaced battle, the ordeal, and compurgation as a method of proof.
The grand jury was set up by the Assize of Clarendon to present offenders from the neighbourhood. It consists of twelve to twenty-three persons, and is summoned at assizes and quarter sessions to consider bills of indictment. If a “True Bill ” is found, the indictment is removed into Court and the prisoner is tried by a petty jury of twelve. If ” No Bill ” is found, the prisoner may be discharged, or the bill may be presented to a further grand jury.
Civil cases are tried ordinarily before a common jury of twelve. Important cases may be tried before a special jury of twelve, consisting of persons of superior status. See Peine forte et durc; Trial; Bushell’s Case

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Definition of Jury is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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