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.

The Leading Facts of English History · 第 212 / 740 题