This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ... villein tenure; "propter affectum," i.e. for partiality; "propter delictum," i.e. on account of conviction for certain offences; or on account of the relationship of the sheriff who returned the jury or of some of the jurors themselves to one.of the parties to the action9--are all based upon the judicial character of ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ... villein tenure; "propter affectum," i.e. for partiality; "propter delictum," i.e. on account of conviction for certain offences; or on account of the relationship of the sheriff who returned the jury or of some of the jurors themselves to one.of the parties to the action9--are all based upon the judicial character of the jury. In fact in the fourteenth century witnesses were distinguished from the jury on these lines. A witness might be under age; and a witness could not be challenged.1 The manner in which these challenges were tried was by the sworn evidence of the persons challenged. "This," as Thayer says, "may well have been a provocation to the same thing in the regular jury trial."2 In other cases the law has been developed by giving a wider extension to rules made in the first instance merely to assist the procedure of the court.3 1 Third Instit. 79. The practice of allowing the accused to call witnesses sprang up at the beginning of the seventeenth century, Thayer, Evidence 160, n. 8 Treason, 7 William III. c. 3 1; Felony, 1 Anne St. 2 c. 9 3. "Bushell's Case, Vaughan's Rep. at p. 152. 4Bennet v. Hundred of Hartford (1650) Style 233; so Salk. 405 (1702) "If a jury give a verdict of their own knowledge they ought to tell the court so that they may be sworn as witnesses... the fair way is to tell the court before they are sworn that they have evidence to give;" cp. Duncomb, Trials per pais c. 12, cited Halsbury, Laws of England xviii 256 n. (O. 5 R. v. Sutton, 4 M. and S. 532.-6 Above 324-325. 'De Laudibus c. 27. 8 Co. Litt. 156-158; cp. Bl. Comm. iii 359-364; to avoid inconveniences caused by challenges cases were removed into the King's Court as it could summon juries from any par...
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UNITED KINGDOM
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