FREE BOOKS

Author's List




PREV.   NEXT  
|<   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127  
128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   >>   >|  
etween party and party, and offences against the public, were set right by the "Country," the "Body of the county," that is, by the bulk of the population. The majority carried the day. 5. At length it was found inconvenient for so large a body to investigate each particular case, or to determine what cases should be presented for investigation. (1.) So this preliminary examination was delegated to a smaller body of men, sworn to discharge the trust faithfully, who made inquiry as to offences committed, and reported the criminals for trial to the full meeting, the actual "Body of the country." Here, then, is the first organized and sworn "Jury;" "the grand inquest;"--here is popular Indictment by delegates. (2.) Then it was found inconvenient for a large body--the whole country--to investigate the cases presented. Men were busy with their own work, and did not wish to appear and consume their time. So a smaller body of men was summoned to attend to any special case which was presented by the Grand Inquest. These also were sworn to do their duty. They were to try the men indicted. Here is Trial by sworn delegates, who represent the Body of the People. They were still called the "Country," as any spot of the Atlantic is the "Ocean." Here is the "Trial by Jury." They must be taken from the neighborhood of the parties concerned--for at this stage the jurors were also the witnesses, and other sworn witnesses were not then known. All the Jurors must concur in the vote of condemnation before the magistrate could hurt a hair of the accused's head. Still after the people had delegated their law-making to one body of sworn representatives, and the twofold function of law-applying, by Indictment and Trial, to other sworn representatives, there was yet a great concourse of people attending the court on the "law-days;" especially when important matters came up for adjudication; then the crowd of people took sides with Plaintiff or Defendant; with the authorities which accused, or with the man on trial, as the case might be. Sometimes, when the Jury acquitted, the people tore the suspected man to pieces; sometimes when the Jury condemned, they showed their indignation--nay, rescued the prisoner. For the old tradition of actual trial by the "Body of the Country" still prevailed. 6. At length the Jurors are no longer the witnesses in the case. Others testify before them, and on the evidence which is offered, the Grand-Jury i
PREV.   NEXT  
|<   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127  
128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   >>   >|  



Top keywords:
people
 

witnesses

 

presented

 

Country

 

delegates

 
actual
 
country
 

representatives

 
Jurors
 

offences


accused

 

smaller

 
Indictment
 

investigate

 
length
 

delegated

 
inconvenient
 
making
 

twofold

 

testify


applying

 

concourse

 

attending

 

Others

 

function

 

magistrate

 

condemnation

 

concur

 

offered

 

evidence


suspected

 
pieces
 

prevailed

 

Sometimes

 

acquitted

 
condemned
 

prisoner

 
rescued
 

showed

 
indignation

authorities
 

important

 
matters
 
etween
 

tradition

 

Plaintiff

 
Defendant
 

adjudication

 
longer
 

meeting