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² Initially homicide, robbery, theft and concealing someone who had committed these crimes. By the reign of Edward II (1307–1327) arson, burglary, larceny and counterfeiting had been added.

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⁶ None of the legal treatises published from 1503 onwards, which are considered below, indicates any difference in jury disqualifications for civil and criminal proceedings.

⁷ The hundred was the subdivision of the county used as the unit of administration in criminal matters.

⁸ Nichols, (ed) Britton. vol i. p 178.Google Scholar See also the Statute of Marlbridge 1267 (52 Hen 3. c 10) (Sheriff 's Turns).

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¹¹ Ibid., p 77.

¹² Mansi, J.. Sacrorum Conciliorum Nova et Amplissima Collectio. vol 22 (Venice. 1778). p 1006.Google Scholar The text of canon 18 is to be found later in the text below.

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¹⁴ The Eyre was the periodic visitation of the royal justices from county to county to hear civil and criminal causes.

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¹⁸ The Eyre of 1194 gives the composition of the grand jury as twelve knights or if knights were wanting. twelve freemen: Stephenson, and Marcham, (ed). Sources of English Constitutional History, p 104.Google Scholar The Constitutions of Clarendon (1164), the Assize of Clarendon (1166) and the Assize of Northampton (1176) added four men of each settlement of the hundred: Sources of English Constitutional History, pp 74. 77:1. 80:1.Google Scholar

¹⁹ Overlap between the grand jury and petty jury was stopped in 1352 by 25 Edward 3. stat 5. c 3 (Challenge of Jurors).

²⁰ Given, J. Society and Homicide in the Thirteenth Century in England (Stanford. 1977). p 95Google Scholar: Bellamy, J. Crime and Public Order in England in the Later Middle Ages (London. 1973). p 145.Google Scholar

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²⁶ Contrary to Deut 6:16 and Matt 4:7.

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²⁸ Canons of the Council of Oxford. 17 April 1222. See Powicke, F. and Cheney, C. (ed) Councils and Synods II. Part I (1205–1265) (Oxford. 1964). Nos 12. 13.Google Scholar

²⁹ Gratian, EgDecretumGoogle Scholar C 23. q 8. c 29 in Richter-Friedburg, A. (ed). Corpus luris Canonici. vol i (Lipsiae. 1879). cols 963. 964.Google Scholar

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³¹ stephenson, and Marcham, (ed). Sources of English Constitutional History, p 75Google Scholar: 11 (italics added): Stubbs, . Selected Charters, p 166.Google Scholar

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³⁴ This was how burning at the stake for heresy was justified. The Church determined who was a heretic: the secular authorities carried out the punishment.

³⁵ Powell, E.. Kingship, Law and Society (Oxford. 1989). p 77.Google Scholar

³⁶ Dawson, J. A History of Lay Judges (Cambridge. Mass. 1960). pp 123–126CrossRefGoogle Scholar: Green, T.. ‘A Retrospective on the Criminal Trial Jury 1200–1800’ in Cockburn, and Green, (ed). Twelve Good Men and True. p 360.Google Scholar

³⁷ Cp Nichols, (ed) Britton. vol i. p 347.Google Scholar

³⁸ Aquinas, T.. Summa Theologiae 2a2ae. ed O'Rourke, K. (London. 1964). q 89. art 10, p 233.Google Scholar I am grateful for information received from the Rt Revd John Jukes and the Revd Gordon Read.

³⁹ Ibid.,

⁴⁰ Gratian, . Decretum. C 22. q 5. c 22.Google Scholar in Richter-Friedburg, (ed). Corpus Iuris Canonici. vol i. col 889Google Scholar (trans P Pattenden). Tyler, J. notes in Oaths, Their Origin, Nature and History (London. 1834). p 30.Google Scholar that before the French Revolution the custom. of exempting clerics from taking a corporal oath prevailed in France and much of the Continent, and that in his day Spanish priests were still forbidden to swear on the Gospels.

⁴¹ Palmer, R.. ‘Conscience and the Law. The English Criminal Jury’ (1986) 84 Mich LR 787 at 793.Google Scholar Repentance, reputation, reparation and recidivism were all considered relevant to the conviction decision.

⁴² Bartlett, R.. Trial by Fire and Water (Oxford. 1986). pp 78–81.Google Scholar

⁴³ Year Books of 30&31 , Edward I. ed A Horwood. RS (1863). p 531.Google Scholar Cp Year Books of 12&13 Edward III. ed Pike, L. RS (1885). p 291.Google Scholar Freemen could, however, be tried by knights.

⁴⁴ Tardif, M. (ed). Coutumiers de Normandie. vol i (Paris. 1903). p 22.Google Scholar

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⁴⁶ Ecclesiastical courts had jurisdiction over laymen who committed ecclesiastical offences such as blasphemy and adultery.

⁴⁷ Deeretales Gregorii IX. lib iii. tit L. in Richter-Friedburg, (ed). Corpus luris Canonici. vol ii. cols 657. 658.Google Scholar

⁴⁸ Matt 6: 24: Luke 16: 3.

⁴⁹ Richter-Friedburg, (ed). Corpus luris Canonici. vol ii. cap iv. col 658.Google Scholar

⁵⁰ Occasional attempts were made to prevent pluralism: see eg Cal Papal Letters. 1.155. July 1236. quoted by Gibbs, M. and Lang, J.. Bishops and Reform 1215–1272. pp 166. 167.Google Scholar

⁵¹ Putnam, B. (ed). Proceedings before the Justices of the Peace in the Fourteenth and Fifteenth Centuries (London. 1938). p lxxxi.Google Scholar

⁵² See Gibbs, and Lang, . Bishops and Reform 1215–1272. p 165.Google Scholar

⁵³ Johnson, J.. The Laws and Canons of the Church of England, vol ii (Oxford. 1851). p 220.Google Scholar

⁵⁴ Plucknett, T.. ‘Commentary on the Indictments’ in Putnam, (ed). Proceedings before the Justices of the Peace in the Fourteenth and Fifteenth Centuries, pp cliv ff.Google Scholar Presentments for trespass could be tried before the sheriff's tourn. the royal justices or justices of the peace: p civ.

⁵⁵ Pollock, and Maitland, . The History of English Law before the time of Edward I (2nd edn). vol i. pp 435. 440.Google Scholar

⁵⁶ 13 Edward 1. st 2. c 38 (Juries).

⁵⁷ 2 Henry 5. st 2. c3 (Jurors).

⁵⁸ But not all. It was. for example, possible for a man to be both parish priest and lord of the manor: Richardson, H.. ‘The Parish Clergy of the Thirteenth and Fourteenth Centuries’ in (1912) Transactions of the Royal Historical Society (3rd series). 88 at 117.Google Scholar

⁵⁹ Fitzherbert, . Natura Brevium. vol ii (9th edn) (London. 1794). p 166.Google Scholar

⁶⁰ ‘The king to the Sheriff, etc. Because master R Clerk, at this time continually abideth in our service, or in the service of the venerable father I. bishop of Ely: we command you. that him the said R by reason of the lands and tenements which he holds in the county aforesaid, you put not or cause to be put any assises, juries or recognizances, so long as he abides in the service of us, or of the same bishop, as aforesaid.’

⁶¹ Registrum Brerium (4th edn) (London. 1637). p 170.Google Scholar The first edition appeared in 1531.

⁶² Dalton, . The Office and Authoritie of Sherifs (London, 1623), p 121.Google Scholar

⁶³ I am grateful to Professor Baker for this suggestion.

⁶⁴ See generally Briden, T. and Hanson, B.. Moore's Introduction to English Canon Law (3rd edn.London 1992). pp 106f.Google Scholar Cp Blackstone, . Commentaries on the Laws of England (London. 1768). vol i. p 364.Google Scholar

⁶⁵ Degge, S.. The Parson's Counsellor (London. 1676). p 136Google Scholar: Nelson, W.. The Rights of the Clergy in Great Britain (London. 1709). p 170.Google Scholar Jury service is not mentioned in either work.

⁶⁶ Proceedings by attaint involved a jury of 24 determining whether a jury of 12 had given a false verdict.

⁶⁷ Beecher's Case (1577) 4 Leon 190. 74 E R 813.

⁶⁸ Cf Cripps, H., A Practical Treatise on the Law relating to the Church and Clergy (5th edn)( London. 1869). p 70.Google Scholar

⁶⁹ 3 & 4 Edward 6, reproduced in Gibson, E.. Codex Juris Ecclesiastici Anglicani (Oxford. 1761). p 151.Google Scholar

⁷⁰ Juries Act 1825 (6 Geo 4. c 50). s 25. and the Juries Act 1870 (33 & 34 Vict, c 77). s 20. required, respectively, ten and six days' notice of the duty to attend court as a prospective juror.

⁷¹ Gibson, . Codex Juris Ecclesiastici Anglicani. p 151.Google Scholar

⁷² Toleration Act 1688 (1 Will & Mar. c 18). s 11 (italics added). See also the Nonconformist Relief Act 1779 (19 Geo 3. c 44).

⁷³ Roman Catholic Relief Act 1791 (31 Geo 3. c 32). s 8. Unitarians were given the same privileges by the Doctrine of the Trinity Act 1813 (53 Geo 3. c 160).

⁷⁴ Italics added.

⁷⁵ Blackstone, . Commentaries on the Laws of England. vol iv. p 364.Google Scholar For the last point he gives as his source Fitzherbert, 's Natura Brevium and the Regisirum Brevium.Google Scholar The statutory reference is to the Juries Act 1285.

⁷⁶ Blackstone, . Commentaries on the Laws of England. vol iv. p 344.Google Scholar

⁷⁷ Langbein, J.. ‘The English Criminal Trial Jury on the Eve of the French Revolution’ in Schioppa, A. (ed). The Trial Jury in England, France, Germany 1700–1900 (Berlin. 1987). p 24Google Scholar: Beattie, J.. Crime and the Courts in England 1660–1800 (Oxford. 1986). p 389.Google Scholar

⁷⁸ Chitty, J.. A Practical Treatise on the Criminal Law. vol i (London. 1816). p 502.Google Scholar

⁷⁹ Langbein, , ‘The English Criminal Trial Jury on the Eve of the French Revolution’, p 24.Google Scholar

⁸⁰ The attitude to jury service was similar in the seventeenth century: see Herrup, C.. The Common Peace (Cambridge. 1987). pp 134. 135.CrossRefGoogle Scholar

⁸¹ The Times. 13 October 1788. p 3.Google Scholar

⁸² King, P.. ‘“Illiterate Plebeians. Easily Misled“:Jury Composition. Experience and Behaviour in Essex. 1735–1815’ in Cockburn, J. and Green, T. (ed). Twelve Good Men and True (Princeton. 1988). p 259.Google Scholar

⁸³ Duncomb, G.. Trials per Pais: or, The Law of England concerning Juries by Nisi Prius. etc (8th edn). vol i (London. 1766). p 105.Google Scholar

⁸⁴ Sheppard, W.. An Epitome of all the Common and Statute Laws of the Nation (London. 1656). p 1049.Google Scholar

⁸⁵ Jurors Act 1543 (35 Hen 8. c 6).

⁸⁶ In the seventeenth century extensive use was made of talesmen: Cockburn, J.. A History of English Assizes 1558–I714 (Cambridge. 1972). p 118.CrossRefGoogle Scholar

⁸⁷ Blackstone, . Commentaries on the Laws of England, vol iv. p 348.Google Scholar

⁸⁸ Anon, . The Complete Juryman (London. 1752), p 97.Google Scholar

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⁹¹ Marowe, T.. De Pace Terre & Ecclesie & Conseruacione Eiusdem, Westminster Primer, Capitulo Primo.Google ScholarPutnam, B. (ed). Oxford Studies in Social and Legal History, vol vii (Oxford. 1924). p 366.Google Scholar

⁹² Lambart, . Eirenarcha or the Office of Justice of the Peace (London. 1619). p 396.Google ScholarHume, D. in Commentaries on the Law of Scotland Respecting Crimes, vol ii (Edinburgh. 1968 reprint), p 313.Google Scholar cites President Balfour and Lord Haddington as saying the same thing about kirkmen in Scotland.

⁹³ The Complete Justice, A Compendium of the particulars incident to Justices of the Peace (London. 1638). p 119.Google Scholar

⁹⁴ The Office and Authority of a Justice of the Peace (7th edn) (London. 1721). p 389Google Scholar: Phipp, J.. British Liberty; or, a Sketch of the Laws in Force Relating to Court-Lects, and Petty-Juries (London. 1739). p 11Google Scholar; Burn, R.. The Justice of the Peace and Parish Officer (14th edn). vol ii (London. 1789). p 580.Google Scholar Gentleman of the Law, Conductor Generalis or, the Office, Duty and Authority of the Justice of the Peace (London. 1801). p 219 (compiled from Burn).Google Scholar

⁹⁵ Shaw, J.. Parish Law (5th edn) (London. 1743). p 354.Google Scholar

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⁹⁷ Coke, E. The Second Part of the Institutes of the Laws of England, vol i (London. 1641.)Google Scholar

⁹⁸ Beecher's Case (1517) 4 Leon 190. 74 E R 813.

⁹⁹ 1662–1725. vicar of Cranbrook.

¹⁰⁰ Johnson, J.. The Clergyman's Vade-Mecum (2nd edn) (London. 1707). p 125.Google Scholar The first edition was published in the previous year.

¹⁰¹ Hume, . Commentaries on the Law of Scotland Respecting Crimes, vol ii. p 314.Google Scholar

¹⁰² Juries Act 1825 (6 Geo 4. c 50). The Act is discussed in Cary, H.. A Practical Treatise on the Law of Juries and Jurors (London. 1826).Google Scholar

¹⁰³ Italics added.

¹⁰⁴ Jurors (Scotland) Act 1825 (6 Geo 4. c 22). s 2.

¹⁰⁵ Religious Disabilities Act 1846 (9 & 10 Viet, c 59).

¹⁰⁶ Juries Act 1870 (33 & 34 Vict, c 77). See also s 9.

¹⁰⁷ The process is described by King, J.. The Management of Private Affairs (Oxford. 1908). pp 222. 223.Google Scholar

¹⁰⁸ Re Dutton [1892] 1 QB 486.Google Scholar

¹⁰⁹ This was because the exemptions were stated in the Juries Act 1870. s 9. to apply to ‘any juries or inquests whatever’. Willes J said in his judgment (at 489) that before 1870 there were no exemptions from service upon coroners' juries.

¹¹⁰ The Coroners Act 1887 (50 & 51 Vict, c 71). s 3. laid down that persons summoned to serve on a coroner's jury should be ‘good and lawful men’.

¹¹¹ Erle, T.. The Jury Laws and Their Amendment (London. 1882). p 85.Google ScholarJervis, J.. A Practical Treatise on the Office and Duties of Coroners (2nd edn) (London. 1854). p 250.Google Scholar gives only ‘aliens, convicts and outlaws’ as unable to sit on coroners' juries.

¹¹² Bill 111.

¹¹³ Hansard. HC. 12 May 1872. col 701.Google Scholar

¹¹⁴ Ibid., col 702.

¹¹⁵ Clause 20.

¹¹⁶ The Times. 15 May 1872. p 9.Google Scholar

¹¹⁷ Clause 5.

¹¹⁸ Erle, T.. A Complete Juries Bill (London. 1874). pp 8. 9.Google Scholar

¹¹⁹ Erle, T.. The Jury Laws and Their Amendment (London. 1882).Google Scholar

¹²⁰ Ibid., pp 84 ff

¹²¹ Report of the Select Committee on Special and Common Juries. Parliamentary Papers 1867–1868. vol xii. p 57.Google Scholar

¹²² Ibid., pp 9. 14. 43. 51. 57. 65.

¹²³ Ibid., p 43.

¹²⁴ Ibid., p 14.

¹²⁵ The Time, 6 06 1873.Google Scholar

¹²⁶ Skyme, T.. History of the Justices of the Peace (Chichester. 1994). p 452.Google Scholar estimates that about a quarter of all justices of the peace were clergymen.

¹²⁷ The last attempt at reform was on 22 April 1874. The Bill (no 18) was withdrawn on 30 July 1874.

¹²⁸ (1913) Cd 6817.

¹²⁹ Para 270.

¹³⁰ For full details, see Memorandum by the Home Office to the Departmental Committee on the Law and Practice Relating to Jury, Service (1963). p 13.Google Scholar See also Report of the Departmental Committee on Jury Service (1965) (Cmnd 2627).Google Scholar para 89. Disputes were settled by a magistrates' court: Juries Act 1922 (12 & 13 Geo5. c 11). s 1(5).

¹³¹ Juries Act 1922. s 2(2). The argument that this provision implied eligibility is weakened by the fact that those disqualified by a criminal conviction (Juries Act 1870. s 10) had also to serve if their name appeared in the jurors book: Rv Kelly [1950] 2 KB 164 at 173.Google Scholar [1950] 1 All ER 806at810.(1950) 34 Cr App Rep 95at104. CCA.

¹³² Juries Act 1922. s 8(1). (2)(b).

¹³³ Hansard. HC. 9 05 1922. cols 2103. 2104.Google Scholar

¹³⁴ Ibid., col 2107.

¹³⁵ (1965) Cmnd 2627.

¹³⁶ Ibid., para 89.

¹³⁷ Ibid., para 101.

¹³⁸ Ibid., para 120.

¹³⁹ The one change it made was to remove the italicised words in the following sentence: ‘[a] vowed member of any religious order (whether of men or of women ) living in a monastery, convent or other religious community’.

¹⁴⁰ (1993) Cm 2263. para 27. See also recommendation no 216.

¹⁴¹ See the Juries Act 1974. s 9. which allows a person to apply for ‘good reason’ to be excused jury service. and Sch 1. Pt III (amended by the Criminal Justice and Public Order Act 1994. s 42). which gives ‘A practising member of a religious society or order the tenets or beliefs of which are incompatible with jury service’ automatic exemption from jury service. Of itself religious belief is not a ‘good reason’ for the purposes of s 9: it may be a ‘good reason’ if the applicant's religious beliefs prevent him from performing his duty as a juror properly: R v Guildford Crown Court, ex parte Sklerfin [1990] 1 QB 683 at 695.Google Scholar [1989] 3 All ER 7 at 10. DC.

¹⁴² Lord Chancellor's Department. Home Office. Law Officer's Department. June 1996. p 47.Google Scholar

¹⁴³ Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c 55). s 1(2). Sch 1. Pt III. Group E.

¹⁴⁴ These include the Baptist Union of Great Britain. the General Assembly of Unitarian and Free Christian Churches, the Seventh-day Adventist Church and the Congregational Federation. Reform and Liberal Rabbis would also like the option to serve on juries. On the other hand, the Codex luris Canonici 1983. canon 289. para 2. requires a Roman Catholic bishop, priest or deacon to decline jury service whenever this is possible.