The Leading Facts of English History by D.H. (David Henry) Montgomery
page 138 of 712 (19%)
page 138 of 712 (19%)
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rascals of that generation were summarily disposed of.
Henry II may rightfully be regarded as having taken the first step toward founding the system of Trial by Jury, which England, and England alone, fully matured. That method has since been adopted by every civilized country of the globe. (See the Constutional Summary in the Appendix, p. vii, S8.) 176. Origin of the Modern Trial by Jury, 1350. In the reign of Henry's son John, the Church abolished the Ordeal (S91) throughout Christendom (1215). It then became the custom in England to choose a petty jury, acquainted with the facts, whoch confirmed or denied the accusations brought by the grand jury. When this petty jury could not agree, the decision of a majority was sometimes accepted. The difficulty of securing justice by this method led to the custom of summoning witnesses. These witnesses appeared before the petty jury and testified for or against the party accused. In this way it became possible to obtain a unanimous verdict. The first mention of this change occurs more than a hundred and thirty years later, in the reign of Edward III (1350); and from that time, perhaps, may be dated the true beginning of our modern method, by which the jury bring in a verdict, not from what they personally know, but from evidence sworn to by those who do. 177. The King's Last Days. |
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