The juries which sat with the praetor in hearing criminal cases were much larger than ours. The smallest one of which we have any record numbered thirty-two. A case was decided, as it is in most Continental countries today, by a majority vote of the jurors. As used to be the practice in the Scottish courts, the Roman juror could vote that a charge was “not proven,” but probably in the later period such ballots were counted for acquittal. The last extant reference to juries in Roman times is from the second century after Christ. This fact has led some modern writers to take it for granted that there is no connection between the Roman jury system and the modern one. Before medieval life had been studied carefully, this was a natural conclusion. Its character was not well understood, and Roman institutions were so modified in the Middle Ages that they were not easily recognized in their later forms. It is also true that, until very recent times, many who studied the origins of modern institutions did not raise their eyes above the modern horizon, or were led by national pride to find those origins among the peoples of their respective countries. This state of things is true, not only of the jury system, but in the case of other modern institutions, yet a more thorough and impartial historical investigation is giving to the Romans the credit which is due to them. We can do no more here than indicate very briefly the links which connect the modern jury system with the ancient one. The character of that system was indicated in the _Code_ of Theodosius. Much of this _Code_ was adopted in the _Breviary_ of Alaric in 506 A.D. and in other summaries based in part on the Roman law, such as the _Capitularies_ of the Merovingian and Carolingian kings. It is therefore a significant fact that under the Merovingians justice was administered by the Count, but on the verdict of the notables, called in the texts _rachimburgii_ or _boni homines_. These _boni homines_ were chosen by the Count, or judge, at the beginning of the hearing from the freemen assembled in the court. The minimum number chosen was seven. Feudalism put an end to the jury in France, and in its place cases were tried by ordeal, by battle, or by compurgation on the Continent. At this point two or three facts in the historical sequence are noteworthy. Our collection of the _Capitularies_ was made in 827. Within a century the Normans made themselves masters of North Western France. They readily adopted French usages, and it is a fact admitted on all sides, since Palgrave’s great work appeared a century ago, that the beginnings of the English jury system were brought into England by the Normans in the form of an inquest by sworn recognition. At first this method of deciding cases was accepted only as an alternative mode of trial. Twelve knights were selected who were required to declare on oath which contestant in their opinion had the better right. The Continental countries took over the