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