History Of Trial By Jury

History Of Trial By Jury by William Forsyth. This historical treatise traces the origin and evolution of the English jury system, arguing that trial by jury did not originate from a single statute but grew from earlier practices, such as the Anglo-Saxon methods of proof, compurgation, and witness testimony, across Scandinavia, Germany, and the Anglo-Norman period. Forsyth surveys ancient Scandinavian tribunals (Laugrettomen, Nadmbd, and Tolftar-Quidr) and early Germanic courts (Scabini, Rachinburgen), explains how juries in England emerged from inquests and the role of twelve men in assizes and jurata; discusses the Norman introduction of the Assise and gradual separation of jurors from the court; the development of the Grand Jury, and criminal procedure in various jurisdictions including Scotland, America, France, Belgium and Germany. The work also considers the function and limits of juries, challenges, new trials, and the jury’s social and political significance as a guardian of liberty, with appendices on the meaning of Milites and on probabilities in verdicts. It blends historical method with critical appraisal of judicial practice.