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CONTENTS.
SECT.
CHAPTER I.
THE NATURE OF THE JURY SYSTEM.
I. Various Theories respecting the Origin of the Jury
II. Causes of mistaken Views on the Subject .
CHAPTER II.
III. The Danish TINGMÆND, NÆVNINGER, and SANDEMÆND
IV. The Icelandic TÓLFTAR-QUIDR
27
31
CHAPTER III.
LEGAL TRIBUNALS OF ANCIENT GERMANY.
I.
Constitution of the old German Courts of Justice
II. The Mode of Proof in the ancient Courts of Germany.
38
47
CHAPTER IV.
THE JUDICIAL SYSTEM OF THE ANGLO-SAXONS.
I. Trial by Jury unknown to the Anglo-Saxons
II. The WERGILD
III. The FRIDBORH.
56
59
54
. VII. Of the legally appointed Witnesses in the Anglo-Saxon Law
. VIII. Results of the Investigation
CHAPTER V.
THE ANGLO-NORMAN PERIOD.
I. On the legal Changes introduced by the Normans
II. Modes of Trial in Civil Suits in the Anglo-Norman Times
III. The Meaning and Nature of the JUDICIUM PARIUM
IV. The Courts established by the ASSISES DE JERUSALEM
36
IV. On the trial by the Jurata, and the meaning of the expression
ASSISA VERTITUR IN JURATAM
139
CHAPTER VII.
THE JURY CEASING TO BE WITNESSES, BECOME
JUDGES OF EVIDENCE.
1. Mode of Trial where Witnesses were named in Deeds
III. On the personal knowledge of the Jury as distinct from the
Evidence.
158
II. Rise and Growth of the Jury System for the TRIAL of Accu-
THE GRAND JURY, AND OTHER MATTERS
RELATING TO CRIMINAL TRIALS.
I. The Grand Jury
PAGE
168
173
175
180
192
199
208
215
V. Question of new Trial in Cases of Conviction of Felony
233
CHAPTER XI.
REQUIREMENT OF UNANIMITY IN THE JURY.
I. Origin of the Rule as to Unanimity
II. Question of the Reasonableness of the Rule considered
CHAPTER XII.
ON THE PROPER PROVINCE OF THE JURY.
238
245
II. Distinction between the Office of the Judge and that of the
Jury
282
INTRODUCTION OF TRIAL BY JURY INTO THE
CRIMINAL PROCEDURE IN GERMANY.
I. System of Criminal Procedure which Trial by Jury was in-
tended to supersede .
II. Introduction of the Jury Trial in Criminal Cases
CHAPTER XVII.
346
365
ILLUSTRATIONS OF TRIAL BY JURY IN THE CASE
OF ENGLISH STATE PROSECUTIONS
388
CHAPTER XVIII.
THE JURY CONSIDERED AS A SOCIAL, POLITICAL,
AND JUDICIAL INSTITUTION.
415
FORM OF A SCOTCH LIBEL OR CRIMINAL LETTERS. 454
APPENDIX IV.
TABLES SHEWING THE NUMBER OF COMMITMENTS
AND THEIR RESULTS IN THE UNITED KINGDOM,
FOR THE YEAR 1850, TAKEN FROM THE RE-
TURNS TO PARLIAMENT
APPENDIX V.
QUALIFICATIONS OF COMMON JURORS, AND EXEMPT-
IONS FROM SERVING ON JURIES IN ENGLAND
456
460