The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1891-03-26
CHAUTAUQUA
ORIGIN OF THE JURY SYSTEM.

ORIGIN OF THE JURY SYSTEM.
(Report for Glass E.)
Trial by jury in its modern form is beyond doubt
product of the English nation. But history tells
us that an important element of the jury trial
feature of the Romans in their admin straton of
lustice-vz 9Th decisol of the facts n judi
cial trial by number of individuals distinct and
separate from the official judge or magistrate"
According to the ancient custom of the Romans
the trial was conducted before ofic al magis.
trate. but the important duty of rendering the de-
cision that determined the gu 1t or innocence of
the accused was left for the judex. who was taken
from particular class of citizens that we're annu-
ally chosen in some manner to perform this Office.
And the function of the judex sometimes there
would be more than the single judex employed
allowed him to exercise the prerogative of mercy,
something that does not belong to the modern
jury. This custom was in vogue for several cent
uries. but was finally abolished in the reign of
Emperor Diocletiaa when the trial of all causes
was conducted in every stage thereof before the
praetOr other judicial officer constituting the
court Another equally important element of the
jury trial free choice of these individuals from
among the mass of ordinary ctizens-was the
ner stone of the primitive civil polty of the Ger.
manic tribes that settled down in the conquered
provinces ot Tue western empire Inc decision OF
all disputes between man and man. and every
thing perta n ng to the welfare of the community.
were committed to the collective freemen that
gathered together in their local assemblies.
This mOtc of government was carried to an I'D.
vanced degree of development by the Saxons in
England. And it was this Teutonic tribe that
planted the germs that led the way to the estab.
lishment Of trial by jury. In that primitive age a
Fri Wa ftop cd
some sturdy oak tree. charge was orally made
and denied; no witnesses were examined relative
to the case. In short. each party was accompanied
by his relatives, friends andneighbors who testified
that his statement the charge or the denial-was
weight of the two parties, who were called COM
purgators, and the affair was decided without
much delay ~ majority of voices.
English history is involved in much obscurity
but am satisfied that it was by gradual process
that trial by jury originated. 1t was over 400
years after the Saxon invasion that Alfred the
Great began his memorable reign. 1t was during
his administration that the old dv:s of coun-
ties were carefully re adjusted. and divided into
hundreds and tythings. Each tything had its
own court, and all the disputes arising between
members Of the tythings were brought before the
hundred court which consisted of ten tythings
Hume says, "their method of decision deserves
to be noted as being the origin of juries," as
"twelve freeholders were chosen, who, having
sworn together with the hundreder, or presiding
magistrate of that division to administer impair.
tial justice. proceeded to the examination of that
cause which was submitted to their jurisdiction"
The chief court was the county court, which met
twice year. and consisted of representatives of
the hundreds. The officers of this court were the
alderman bishop and sheriff. The alderman was
the representative of the nation; the sheriff was
the kings personal officer, and the bishop at.
tended to points of church law. On the whole.
the administrative reforms of Alfred were at.
tended with great success. Crimes of all kinds
were depressed, and exact was the general
police. that Alfred it is said, hung up BY way of
bravado golden bracelets near the highways and
no man dared to touch them.
This state of affairs did not last very long, how.
ever, for told that in the reign of Henry IL
crimes of every description were daily committed
with impunity by the ecclesiastcs. And many
criminal escaped justice in the civil courts by
claiming allegiance to the church. 1t is
common saying that the punishments inflicted by
the spiritual courts which had been in force since
Constantine, instead of suppressing crime encour-
aged it, The people called upon Henry to remedy
this evil. and they were loud in their denunca.
tions of the eoclesiastlc power. Finally Henry
demanded that clerk, who had committed a
murder. should be tried by the civil authorities
Whereupon Thomas Beckett declared that it was
iniquitous to try a man twice upon the same &C.
cusation. and for the same offense
The Constitutions of Clarendon we're the result
OF this controversy. Among these it was enacted
that twelve lawful men of each hundred with four
from each township be entrusted with the func-
ton of presenting all those known or reputed as
criminals within their district for trial by '.or.
DEAL" These men were net merely witnesses,