An Account of the Danes and Norwegians in England, Scotland, and IrelandWorsaae, Jens Jacob Asmussen
History
An Account of the Danes and Norwegians in England, Scotland, and Ireland
Worsaae, Jens Jacob Asmussen
Great Britain -- Civilization -- Scandinavian influences; Northmen -- Great Britain; Northmen -- Ireland
For the rest, since we might search the old Saxon laws in vain for any
other certain traces of jurymen besides these, and as special care must
be taken not to confound jurymen with cojurors, it becomes quite clear,
first, that those authors who conclude, from the above often-quoted
passages of Ethelred’s law, that the English jury is of Anglo-Saxon
origin, are in error; and secondly, that their opponents have not taken
a quite impartial view of the matter when they ascribe the introduction
of the jury into England to the conquest by William of Normandy. For it
must now be regarded as a point quite decided that THE EARLIEST POSITIVE
TRACES OF A JURY IN ENGLAND APPEAR IN THE DANELAG, AMONG THE DANES
ESTABLISHED THERE, and that, long before William the Conqueror’s time,
they had brought over from their old home the Scandinavian _Nævn_, or
jury, into the districts north-east of Watlinga-Stræt, colonized by
them, just as their kinsmen and brothers introduced that powerful
safeguard of popular freedom into Iceland and Normandy. It would,
indeed, have been quite inexplicable that the Danes should have given up
their peculiar Scandinavian _Nævn_ in a country like England, where the
Danish law obtained by degrees so extensive a footing that, during the
reign of the first Norman kings, it was still in force in one-half of
the kingdom.
The provisions in Ethelred’s law, so frequently cited, respecting the
force of the majority of votes in the verdict of the jury, also betray a
likeness, which can scarcely have been accidental, to the regulations of
the _Nævn_, or jury, at that time observed in Denmark. According to the
most ancient Danish laws, the outvoted jurymen were also to pay fines.
For the rest, there is this peculiarity in the jury of the Danish part
of England, that from the time of Ethelred it was no longer chosen by
the complainant, as was originally the case in Denmark, but by the
court, or by the sheriff of the district (“gerefa”); which was a
considerable step gained towards security against partiality. The choice
of jurymen was, besides, still more limited in England than in Denmark.
Instead of landed proprietors in general, the twelve eldest Thanes alone
were eligible; whence it followed that the jurymen were not only fixed,
but also obtained, as a reward for their labour, a certain rank, with
the rights and income attached to it. This more aristocratical form of
the jury undoubtedly sprang from the circumstance that the Danes had
entered the northern and eastern districts of England as lords and
conquerors. They could not, consequently, appoint as jurors native
Anglo-Saxons, unacquainted with the customs of the Danish law courts;
nor would they, assuredly, have permitted a conquered people to take a
part in verdicts affecting themselves and their Scandinavian brethern.
The consequence was, that they chose from among themselves men of
consideration, and acquainted with the law, to conduct the
administration of justice.
Public-domain text, read in full here on John Shaqi.
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