"Nor shall, any be put in assizes or juries, though they ought to
be taken in their own shire, that hold a tenement of less than the
value of twenty shillings yearly. And if such assizes and juries
be taken out of the shire, no one shall be placed in them who
holds a tenement of less value than forty shillings yearly at the
least, except such as be witnesses in deeds or other writings,
whose presence is necessary, so that they be able to travel."
St. 13 .Edward I., ch. 38. (1285.)
The next invasion of the common law, in this particular, was made
in 1414, about two hundred years after Magna Carta, when it was
enacted:
"That no person shall be admitted to pass in any inquest upon
trial of the death of a man, nor in any inquest betwixt party and
party in plea real, nor in plea personal, whereof the debt or the
damage declared amount to forty marks, if the same person have
not lands or tenements of the yearly value of forty shillings above
all charges of the same." 2 Henry V., st. 2, ch. 3. (1414.)
Other statutes on this subject of the property qualifications of
jurors, are given in the note. [4]
From these statutes it will be seen that, since 1285, seventy
years after Magna Carta, the common law right of all free British
subjects to eligibility as jurors has been abolished, and the
qualifications of jurors have been made a subject of arbitrary
legislation. In other words, the government has usurped the
authority of selecting the jurors that were to sit in judgment
upon its own acts. This is destroying the vital principle of the
trial by jury itself, which is that the legislation of the government
shall be subjected to the judgment of a tribunal, taken
indiscriminately from the whole people, without any choice by the
government, and over which the government can exercise no
control. If the government can select the jurors, it will, of course,
select those whom it supposes will be favorable to its enactments.
And an exclusion of any of the freemen from eligibility is a
selection of those not excluded.
It will be seen, from the statutes cited, that the most absolute
authority over the jury box that is, over the right of the
people to sit in juries has been usurped by the government; that
the qualifications of jurors have been repeatedly changed, and
made to vary from a freehold of ten shillings yearly, to one of
"twenty pounds by the year at least above reprises." They have
also been made different, in the counties of Southampton, Surrey,
and Sussex, from what they were in the other counties; different
in Wales from what they were in England; and different in the city
of London, and in the county of Middlesex, from what they were in
any other part of the kingdom.
Public-domain text, read in full here on John Shaqi.
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