An Essay on the Trial By Jury · Chapter 12Trial by Jury (11)
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[3] By the Magna Carta of Henry III., this is changed to once a year.
[4] From the provision of Magna Carta, cited in the text, it must be inferred that there can be no legal trial by jury, in civil eases, if only the king's justices preside; that, to make the trial legal, there must be other persons, chosen by the people, to sit with them; the object being to prevent the jury's being deceived by the justices. I think we must also infer that the king's justices could sit only in the three actions specially mentioned. We cannot go beyond the letter of Magria Carta, in making innovations upon the common law, which required all presiding officers in jury trials to be elected by the people.
[5] ["The earls, sheriffs, and head-boroughs were annually elected in the full folcmote, (people's meeting)." Introduction to Gilbert's History of the Common Pleas, p. 2, note.
"It was the especial province of the earldomen or earl to attend the shyre-meeting, (the county court,) twice a year, and there officiate as the county judge in expounding the secular laws, as appears by the fifth of Edgar's laws." Same, p. 2, note.
"Every ward had its proper alderman, who was chosen, and not imposed by the prince." Same, p. 4, text.
"As the aldermen, or earls, were always chosen" (by the people) "from among the greatest thanes, who in those times were generally more addicted to arms than to letters, they were but ill-qualified for the administration of justice, and performing the civil duties of their office." 3 Henry's History of Great Britain, 343.
"But none of these thanes were annually elected in the full folcmote, (people's meeting,) as the earls, sheriffs, and head-boroughs were; nor did King Alfred (as this author suggests) deprive the people of the election of those last mentioned magistrates and nobles, much less did he appoint them himself." Introd. to Gilbert's Hist. Com. Pleas, p. 2, note.
"The sheriff was usually not appointed by the lord, but elected by the freeholders of the district." Political Dictionary, word Sheriff.
"Among the most remarkable of the Saxon laws we may reckon * * the election of their magistrates by the people, originally even that of their kings, till dear-bought experience evinced the convenience and necessity of establishing an hereditary succession to the crown. But that (the election) of all subordinate magistrates, their military officers or heretochs, their sheriffs, their conservators of the peace, their coroners, their portreeves, (since changed into mayors and bailiffs,) and even their tithing-men and borsholders at the last, continued, some, till the Norman conquest, others for two centuries after, and some remain to this day." 4 Blackstone, 418.
"The election of sheriffs was left to the people, according to ancient usage." St. West. 1, c. 27. Crabbe's History of English Law, 181.