[History of the English People, Volume I (of 8) by John Richard Green]@TWC D-Link book
History of the English People, Volume I (of 8)

CHAPTER III
15/42

Twelve lawful men of each hundred, with four from each township, were sworn to present those who were known or reputed as criminals within their district for trial by ordeal.

The jurors were thus not merely witnesses, but sworn to act as judges also in determining the value of the charge, and it is this double character of Henry's jurors that has descended to our "grand jury," who still remain charged with the duty of presenting criminals for trial after examination of the witnesses against them.

Two later steps brought the jury to its modern condition.

Under Edward the First witnesses acquainted with the particular fact in question were added in each case to the general jury, and by the separation of these two classes of jurors at a later time the last became simply "witnesses" without any judicial power, while the first ceased to be witnesses at all and became our modern jurors, who are only judges of the testimony given.

With this assize too a practice which had prevailed from the earliest English times, the practice of "compurgation," passed away.


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