But this is not all. The government has not only assumed
arbitrarily to classify the people, on the basis of property, but
it has even assumed to give to some of its judges entire and
absolute personal discretion in the selection of the jurors to be
impaneled in criminal cases, as the following statutes show.
"Be it also ordained and enacted by the same authority, that all
panels hereafter to be returned, which be not at the suit of any
party, that shall be made and put in afore any justice of gaol
delivery or justices of peace in their open sessions to inquire
for the king, shall hereafter be reformed by additions and taking
out of names of persons by discretion of the same justices before
whom such panel shall be returned; and the same justices shall
hereafter command the sheriff, or his ministers in his absence, to
put other persons in the same panel by their discretions; and that
panel so hereafter to be made, to be goodand lawful. This act to
endure only to the next Parliament " 11 Henry VII., ch. 24, sec.
6. (1495.)
This act was continued in force by 1 Henry VIII, ch. 11, (1509,)
to the end of the then next Parliament.
It was reenacted, and made perpetual, by 3 Henry VIII., ch. 12.
(1511.)
These acts gave unlimited authority to the king's' justices to
pack juries at their discretion; and abolished the last vestige of
the common law right of the people to sit as jurors, and judge of
their own liberties, in the courts to which the acts applied.
Yet, as matters of law, these statutes were no more clear
violations of the common law, the fundamental and paramount
"law of the land," than were those statutes which affixed the
property qualifications before named; because, if the king, or the
government, can select the jurors on the ground of property, it
can select them on any other ground whatever.
Any infringement or restriction of the common law right of the
whole body of the freemen of the kingdom to eligibility as jurors,
was legally an abolition of the trial by jury itself. The juries
no longer represented "the country," but only a part of the
country; that part, too, on whose favor the government chose to
rely for the maintenance of its power, and which it therefore saw
fit to select as being the most reliable instruments for its
purposes of oppression towards the rest. And the selection was
made on the same principle, on which tyrannical governments
generally select their supporters, viz., that of conciliating
those who would be most dangerous as enemies, and most
powerful as friends that is, the wealthy. [6]
Public-domain text, read in full here on John Shaqi.
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