f the value of _ten pounds a year_; and jurors in Wales to have
similar estates of the realm of _six pounds a year_.--_4 and 5 William
and Mary_, ch. 24, sec. 14. (1692.)

By the same statute, (sec. 18,) persons may be returned to serve upon
the _tales_ in any county of England, who shall have, within the same
county, _five pounds by the year_, above reprises, in the manner
aforesaid.

By _St_. 3 _George II_., ch. 25, sec. 19, 20, no one is to be a juror in
London, who shall not be "an householder within the said city, and have
lands, tenements, or personal estate, to the value of _one hundred
pounds_."

By another statute, applicable only to the county of _Middlesex_, it is
enacted,

"That all leaseholders, upon leases where the improved rents or value
shall amount to _fifty pounds or upwards per annum_, over and above
all ground rents or other reservations payable by virtue of the said
leases, shall be liable and obliged to serve upon juries when they
shall be legally summoned for that purpose."--_4 George II._, ch. 7,
sec. 3. (1731.)]

[Footnote 83: Suppose these statutes, instead of disfranchising all
whose freeholds were of less than the standard value fixed by the
statutes, had disfranchised all whose freeholds were of greater value
than the same standard--would anybody ever have doubted that such
legislation was inconsistent with the English constitution; or that it
amounted to an entire abolition of the trial by jury? Certainly not. Yet
it was as clearly inconsistent with the common law, or the English
constitution, to disfranchise those whose freeholds fell below any
arbitrary standard fixed by the government, as it would have been to
disfranchise all whose freeholds rose above that standard.]

[Footnote 84: _Lingard_ says: "These compurgators or jurors * * were
sometimes * * _drawn by lot_."--_1 Lingard's History of England_, p.
300.]

[Footnote 85: Chapter 4, p. 120, note.]

[Footnote 86: A mark was thirteen shillings and four pence.]

CHAPTER VII.

ILLEGAL JUDGES.

It is a principle of Magna Carta, and therefore of the trial by jury,
(for all parts of Magna Carta must be construed together,) that no judge
or other officer _appointed by the king_, shall preside in jury trials,
_in criminal cases_, or "pleas of the crown."

This provision is contained in the great charters of both John and
Henry, and is second in importance only to the provision guaranteeing
the trial