"That's some of my fellow jurors," he said.
Benjamin Hoadly, the newly-appointed bishop of Bangor, scented the opportunity and wrote a speedy and able reply, Preservative against the Principles and Practices of Non-Jurors, in which his own Erastian position was recommended and sincerity proposed as the only test of truth.
There is also a provision that only three-fourths of the jurors may be required to agree to a verdict in civil cases, although the legislature has the power to require by statute a unanimous agreement.
In 1368 an inquisition was taken to ascertain these privileges, and the jurors found that the burgesses held "all the soil of their borough yielding 7s.
It will be observed that the legality of the trial, in so far as the jurors were not properly qualified and the law of treason was shamefully strained, was denied in the act of William & Mary which annulled the attainder.
Accordingly, he took his place among the non-jurors, and, as he stood firm to his refusal, he was, in August 1691, superseded in his bishopric by Dr Kidder, dean of Peterborough.
The courts have both original and appellate jurisdiction and are required to hold at least two sessions to which jurors shall be summoned every year in each county of its circuit, and if only two such terms are held, there must be two other and intermediate terms to which jurors shall not be summoned.
The Annales Maximi of the Pontifex Maximus, the annual edicts of the praetor, the lists of Roman and municipal senators, (decuriones) and jurors (album indicum) were exhibited in this manner.
In his earlier writings he was regarded as one of the greatest champions of the non-jurors; but the doctrine which he afterwards promulgated, that the soul is naturally mortal, and that immortality could be enjoyed only by those who had received baptism from the hands of one set of regularly ordained clergy, and was therefore a privilege from which dissenters were hopelessly excluded, did not strengthen his reputation.
In 1380-1381 at an inquisition into the liberties of Corfe Castle, the jurors declared that from time immemorial the constable and his steward had held all pleas and amerciaments except those of the mayor's court of Pie Powder, but that the town had judgment by fire, water and combat.
To make it easier, the justiciar ordered the assessment to be made by a sworn jury in every hundred, and one may reasonably conjecture that these jurors were also elected.
They were originally a body of jurors which gave a verdict under the presidency of the praetor, but eventually became annual minor magistrates of the Republic, elected by the Comitia Tributa.
- These were generally delivered before the senate or people, if political in character, and before jurors sitting in a quaestio, if judicial.
The unit of inquiry was the Hundred (a subdivision of the county which had then an administrative entity), and the return for each Hundred was sworn to by twelve local jurors, half of them English and half Normans.
For the object of the survey we have three sources of information: (1) the passage in the English Chronicle, which tells us why it was ordered, (2) the list of questions which the jurors were asked, as preserved in the Inquisitio Eliensis, (3) the contents of Domesday Book and the allied records mentioned above.
The last was, however, as in Germany, more properly the title of the jurors in the court of justice, which in many cases remained in the hands of the lord.
He was a clergyman of the old High Church school, whose adherents, untouched by the influence of the Wesleys, had moulded their piety on the doctrines on the non-jurors and the old Anglican divines.
In civil cases either party may demand a jury, a privilege which is seldom exercised; but in a civil case the verdict of the majority of jurors prevails.
They still have power to give relief to poor persons in case of sudden and urgent necessity, but their principal duty is that of rating authority, and they are bound to make out the lists for their parishes of jurors and electors.
The convention of 1861, by maintaining continuous government, had saved the state from anarchy and from reconstruction by the national power; but an ironclad test oath (it required denial of forty-five distinct offences) was provided, to be taken by all voters, state, county and municipal officers, lawyers, jurors, teachers and clergymen.
There was also a considerable amount of new legislatiofl with the object of protecting the minor subjects of the crown, and the system of trial by jurors was advanced to the detriment of the absurd old practices of trial by ordeal and trial by wager of battle.
Thenceforward the impressions of judges and jurors were to decide the fate of the accused.
Many non-jurors also succeeded for a time in retaining the use of the parish churches.
Moreover, the Jacobitism of the non-jurors provoked a state policy of repression in 1715 and 1745, and fostered the growth of new Hanoverian congregations, served by clergy episcopally ordained but amenable to no bishop, who qualified themselves under the act of 1712.
The Scottish Communion Office, compiled by the non-jurors in accordance with primitive models, has had a varying co-ordinate authority, and the modifications of the English liturgy adopted by the American Church were mainly determined by its influence.
As compared with the earlier assize it prescribes greater severity of punishment for criminal offences; arson and forgery were henceforth to be crimes about which the jurors are to enquire; and those who failed at the ordeal were to lose a hand as well as a foot.