The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1877-04-07
9isturiral.
History and Laws of England.
OiJ ohu ha"s VI hh5lhnu'
Compiled for the Democratic Adpocate
BY J. s. @.

NJ D. D. "
No accusation Of crime can be lawfully
made by the laws Of England, except be,
fore grand jury, sworn 10 secrecy; and
twelve must decide that it is true, before
the party can be required to answer.
Verdict of juries must be unanimous,
that every one may be responsible of his
own conscience and to the parties, and
that the decision may be considered as a
certainty, not probability.
No English judge can pass a sentence
greater than the law prescribes; but he
may diminish the extreme severity of the
law, as the case requires.
Proof Of guilt lies with the accuser, and
the accused is not expected to prove a
negative. Proof also should be positive,
and not presumptiye. All doubts are con
strueted favorably to the accused and the
opinions of judge ought TO have no
weight with jury every one of whom
ought to think for himself and decide for
himself.
Petty juries are special for civil cases
or for trials OF treason, or political offences
and consist of free-holders or lease-holders
of certain estate; or commons of smaller
estate, for civil or criminal cases. Their
verdict should be matter Of certainty, not
probability or possibility; and, Of this GER
tainty, every one Of the twelve is bound
to be satisfied before he consents to the
verdict, which is the sole and entire affair
Of the jury, whatever may be the declared
opinion or apparent wishes of the Judge or
court. All proof Of guilt rests with the
prosecution and guilt is not to be inferred
if innOceucy is not proved, for that is often
impossible, and never required while it
is of far less consequence that even SO
guilty escape the vengeance of the law,
than that one innocent man should suffer
by hasty and erroneous verdict; for, after
the verdict Of the jury, the law assumes
the guilt as matter of certainty, and does
not libel the jury by sentence qualified
by any doubt Of guilt. The jury are also
judges of the criminal intention, as well as
of the fact and they must be satisfied
with proof Of both before they assent to
verdict, which decides both on the fact
and the criminal purpose.
Prothonotaries are officers for recording
the proceedings or decisions of courts of law
A solicitor is properly only an attorney,
who conducts suits in equity.
The Posse Conmitdtus is the whole
male population, called out by the sheriff
or two justices; and all not attending are
liable to be imprisoned.
The court of Picpouire is formed at all
fairs, by the steward, for summary redress
Of wrongs in the fair.
The kings tribute, Or relief, by William
l., was, for an earl, warhorses, saddled
and bridled, 4 hunters, and palfrey, with
armor and weapons. A baron paid half /;
vavasor, or squire, his best horse and
complete armor; a.farmer, his best beast /;
and tenant, years rent.
Magua Charta was charter for the no.
bles, extorted from King John; and ex-
tended to the people by the petition of
right conceded by Charles l., and by the
bill of rights, 1858.
The original of Magma Charta, preserv-
ed in the British Museum, is Ia! inches
broad and 20l inches long. Another
copy is II by q.
Free-farm-rent is a composition paid by
whole borough, or town, to the lord, in
lieu Of individual claims; and this arrange
ment produced free boroughs and their
representation. Middlesex pays to this
day, by the sheriffs, a frce-farm-rent of
E300 per annum.
A Heriot comes from the Saxon Here
geat, tribute Of weapons.
Titles, customs, &C., in law, are imme-
mortal, even before Edward H., or 1910.
By the custom Of gavel-kind, in parts Of
Kent, an estate is divided among all the
sons; and that Of an intestate brother,
among his brothers 1t is disliked by the
aristocracy, but much approved by moral
lists and publicists.
From 1910 till 1862, the business and
pleadings Of the law courts were in Nor
man French. The pleas we're then in
English, aud the English enrolments in
Latin. But, in the age of Cromwell, both
were in English; and il was so settled in
1870.
A Feod, or feud, was q grant of land to
vassal, on condition to the lord, as for
military service, &c. This was the feudal
system.
The Kings Ttle.-Henry the VII,
was the first King of England who assum-
ed the title of Majesty. Before his reign,
the Sovereigns were usually addressed ''My
Liege," and "Your Grace" The latter
epithet was originally conferred on Henry
the w.; Excellent Grace" was given to
Henry the VI; "Most High and Mighty
Prince" to Edward the ". "Highness"
to Henry the VII; which last expression,
and sometimes "Grace, was used to Henry
the VIII. About the end Of this reign,
all titles were absorbed by that of "Ma-
jesty," with which Francis the l., address
sed him at their interview in 1920. James
the l., coupled this title to the present
"Sacred," or "Most Excellent Majesty"
Before the union Of the Crowns, Britain
alone was in general use, in the style Of
our Soyereigus, to signify England and
Wales. Alfred, however, was called "Goy-
ernor Of the Christians of Britain Edgar,
Monarch Of Britain" Henry the IL,
"King of Britain" and John, 'Rex Bri-
tanniarum, King of the Britons."
The royal style settled on the 9th Of
November, 1900, on the union with Ire
land, which was to commence from the
first Of January, 1901, runs thus "George
the Ill, by the Grace Of God, of the
United Kingdom of Great Britain and
Ireland, King, Defender of the Faith and
the United Church Of England and Ire
land, on Earth, the Supreme Head"