Those indicted or outlawed for
such were given a copy of the whole indictment, but not the names
of witnesses, at least five days before trial in order to prepare
their defense. They could have a copy of the panel of jurors at
least two days before trial. They could be represented in their
defense by not more than two counsel learned in the law and
assigned by the court. Their counsel had free access to them at
all reasonable hours. They could make proof through lawful
witnesses under oath. In a trial of commoners for their lives, a
jury of twelve freeholders had to all agree on acquittal or
conviction. In a trial of a peer, the others peers in Parliament
determined the outcome by a majority vote.
Jurors were required to have at least 20 pounds income from
freehold land or rents in fee, fee tail, or for life. This
increase in the quality of the jury enabled it to better discern
the issues in dispute.
Jury sympathy was determined by the sheriff who chose the jury. So
if a sheriff was popularly elected, as in London, he chose jurors
who favored individual and corporate liberty. If the king selected
the sheriff, he chose tories, who supported the Crown.
Issues of bastardy or lawfulness of marriage had to be tried by a
jury.
Trespass on the case has now branched into assumpsit, trover,
deceit, negligence, and libel and slander. The latter supplements
bad words punished by the local courts and defamation punished by
the church courts.
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