sb. Forms: 4 iuree, 4–5 iure, 5 iurye, 6–7 iurie, 7 jurie, (6 iewrie, 7 jewry), 6–7 iury, 7– jury. [a. AF. juree, jure (as in senses 1, 2) = OF. jurée oath, juridical inquiry, inquest; med.L. jūrāta, sb. from fem. pa. pple. of jūrāre to swear (see -ADE suffix).]
I. In legal use.
1. A company of men sworn to render a ‘verdict’ or true answer upon some question or questions officially submitted to them; in modern times, in a court of justice, usually upon evidence delivered to them touching the issue; but in the earliest times usually upon facts or matters within their own knowledge, for which reason they were summoned from the neighborhood to which the question submitted to them related, or in which the person or persons lived as to whose conduct or death an ‘inquest’ or investigation was held.
Originally, ‘The question to be addressed to them may take many different forms: it may or it may not be one which has arisen in the course of litigation; it may be a question of fact or a question of law, or again what we should now-a-days call a question of mixed fact and law. What are the customs of your district? What rights has the king in your district? Name all the landowners of your district and say how much land each of them has. Name all the persons in your district whom you suspect of murder, robbery or rape. Is Roger guilty of having murdered Ralph? Whether of the two has the greatest right to Blackacre, William or Hugh? Did Henry disseise Richard of his free tenement in Dale?—The jury of trial, the jury of accusation, the jury which is summoned where there is no litigation merely in order that the king may obtain information, these all spring from a common root’ (Pollock & Maitland, Hist. Eng. Law, I. 117–8).
Concerning the origin of the jury system in its various applications, and esp. of trial by jury, much has been written; but the name, in its English form, is not known to us till a jury had practically become what it is now, as a grand jury at an assize or at quarter sessions, a common or special jury in a criminal or civil trial, or a coroner’s jury at an inquest (see CORONER and INQUEST).
In England, juries in all criminal trials, in civil trials in the superior courts, and in writs of inquiry, consist of 12 men, who must be unanimous in their verdict. A grand jury and a coroner’s jury may consist of any number from 12 to 23; and in these, the verdict of twelve (which is in fact a majority) is sufficient. Juries in county courts consist of 5. In Scotland, the number of the jury in a criminal trial is 15, and the verdict of a majority is accepted; in a civil trial the number is 12, as in England, and their verdict must be unanimous.
[1188. Glanvill, IX. xi. Inquirentur autem huiusmodi purpresture … per iuratam patrie siue visineti.
1290. Rolls Parlt., I. 20/1. Cum jur[atores] illius Inquis[itionis] calumpniavit qui per calumpniam suam amoti fuerunt de Jur[ata] illa.
1292. Britton, I. xxii. § 10. Des viscountes et des bailliffs qi ount plus de gentz somouns qe mester ne serroit en jureez et en enquestes. Ibid. Et de ceux ausi qi ount mis en jureez et en enquestes gentz malades.
1328. Rolls Parlt., II. 19/2. Il ne doit estre en Jurrez et Assises, si est il mys en un Jure de graunt Assise … devant les Justices du Baunk.]
a. 1400[?]. Morte Arth., 662. Ordayne thy selvene bathe jureez, and juggez, and justicez of landes.
1467. Waterf. Arch., in 10th Rep. Hist. MSS. Comm., App. V. 305. There shal none of the saide counsaile … passe in no jure betwene party and party.
1494. Fabyan, Chron., 351. A quest of .xii. Knyghtes of Myddlesex, sworne vpon a iurye, atwene the abbot of Westmynster and the cyte, for certayne pryuyleges that the cytezens of London claymed within Westmester.
1533. More, Debell. Salem, Wks. 988. I durst as wel trust ye truth of one judge as of two iuries.
1603. Shaks., Meas. for M., II. i. 19. The Iury passing on the Prisoners life May in the sworne-twelue haue a thiefe or two.
1607. Cowell, Interpr., s.v. Homage, Homage is sometime vsed for the Iurie in the Courte Baron … because it consisteth most commonly of such, as owe homage vnto the Lord of the fee.
1632. Star Chamb. Cases (Camden), 178. None are excused from tryalls of jurie and serving in juries under the degree of a noble man.
1709. Steele, Tatler, No. 50, ¶ 12. Submitting my self to be try’d by my Country, and allowing any Jury of 12 good Men, and true, to be that Country.
1769. Blackstone, Comm., IV. xxiii. 301. An inquisition of office is the act of a jury summoned by the proper officer to enguire of matters relating to the crown, upon evidence laid before them.
1852. W. Forsyth, Trial by Jury, 206. It is quite clear that the separation of the accusing from the trying jury existed in the reign of Edward III.
1859. Dickens, T. Two Cities, II. xii. The jury did not even turn to consider.
1895. Pollock & Maitland, Hist. Eng. Law, I. 122. The great fiscal record known to us as Domesday Book was compiled out of the verdicts of juries.
2. With particularizing additions:
a. Coroner’s jury: see CORONER and INQUEST.
a. 1548. Hall, Chron., Hen. VIII., 55. The sentence of the quest, subscribed by the crowner … and so the sayd Iury hathe sworne.
1667. Pepys, Diary, 22 Jan. Find the Crowner’s jury sitting.
1762. Goldsm., Nash, 96. The coroner’s jury being impanelled, brought in their verdict lunacy.
1883. Wharton’s Law-Lex. (ed. 7), s.v., Unanimity is not required from a grand jury or a coroner’s jury.
b. Grand jury: a jury of inquiry, accusation, or presentment (as distinguished from a petty jury or jury of trial), consisting of from twelve to twenty-three ‘good and lawful men of a county,’ who are returned by the sheriff to every session of the peace, and of the assizes, to receive and inquire into indictments, before these are submitted to a trial jury, and to perform such other duties as may be committed to them.
This body represents the Grand INQUEST (q.v.) of earlier times. In England its action has by statute and usage become greatly restricted; its principal duty being now ‘to examine into accusations against persons charged with crime, and if it see just cause, then to find bills of indictment against them, to be presented to the court’; besides which, however, it may express opinions on changes in judicial procedure, make recommendations on this and kindred subjects, make presentments of nuisances, etc. Formerly, a Grand Jury of twenty-four was summoned also upon a writ of attaint, to inquire whether a petty jury had given a false or corrupt verdict (abolished by 6 Geo. IV., c. 50). In Ireland the Grand Jury had, down to 1898, very extensive powers in reference to the general administration of the country. In Scotland grand juries do not exist.
[1433. Rolls Parlt., IV. 448/2. Pleder tiel feint & faux plee & delaier le graund Jurre, quant il fuist prest de passer.]
1495. Act 11 Hen. VII., c. 21. If it be founden by the graunde Iurie in the same Atteynt that the petite Iury haven geven a true Verdite, that then the graunde Iurie shall have auctoritie and power to enquire if any of the petit Iury toke or perceyved any Somme of Money, or other rewarde [etc.].
1523. Fitzherb., Surv., 22 b. Euery man of the graunt iury, must haue landes to the value of xx. li. of freholde.
1607. Cowell, Interpr., s.v., The Grand Iurie consisteth ordinarily of 24 graue and substantiall gentlemen … to consider of all bils of Inditement preferred to the court.
1635. Irish Acts 10 Chas. I., c. 26 § 3. The said Iustices … with the assent of the Grand-Iury, shall have power … to taxe … every Inhabitant … for the new building, repayring [etc.] … of such Bridges, Causeyes and Toghers.
1714. Mandeville, Fab. Bees (1725), I. Pref. 12. The book … has been presented by the grand-jury, and condemn’d by thousands who never saw a word of it.
1769. Blackstone, Comm., IV. xxiii. 301. As many as appear upon this panel are sworn upon the grand jury, to the amount of twelve at the least, and not more than twenty-three; that twelve may be a majority.
1817. Parl. Deb. (Ho. Lords), 1825. Irish Grand Jury Presentment Bill…. The Earl of Donoughmore opposed the measure … because … it deprived grand juries of the power of appointing their own officers.
1827. Hallam, Const. Hist. (1876), III. xvi. 271. The grand jury of Kent … presented accordingly a petition on the 8th of May 1701.
1881. Henderson, in Encycl. Brit., XIII. 240/1. The power of imposing county rates [in Ireland] is, except in the case of the county of Dublin, exercised by the grand juries … at the assizes.
c. Petty (or petit) jury (in contradistinction to grand jury), trial jury, traverse jury, or common jury (in contradistinction to special jury): a jury which tries the final issue of fact in civil or criminal proceedings, and pronounces its decision in a ‘verdict’ upon which the court gives judgment.
1495. [see prec.].
1533. More, Debell. Salem, Wks. 998/2. Yf it apere vnto the graund iurye in theyr conscience, that the petyt iury wylfully of som corrupt mynde regarded not the wytnesses.
1607. in Cowel.
1711. Addison, Spect., No. 122, ¶ 3. He … has been several times Foreman of the Petty-Jury.
1768. Blackstone, Comm., III. xxiii. 358. A common jury is one returned by the sheriff according to the directions of the statute 3 Geo. II. c. 25. which appoints that the sheriff … shall not return a separate panel for every separate cause, as formerly.
1863. H. Cox, Instit., II. ix. 517. Where an information is filed … it must be tried by a special or petit jury.
d. Special jury: a jury consisting of persons who (being on the Jurors’ book) are of a certain station in society, as esquires, bankers, or merchants, or occupy a house or other premises of a certain rateable value. Good Jury: see quot. 1898.
a. 1726. Gilbert, Cas. Law & Eq. (1760), 130. The Court granted a rule for a good jury in Middlesex.
1730. Act 3 Geo. II., c. 25 § 15. In such manner as special Juries have been and are usually struck.
1768. Blackstone, Comm., III. xxiii. 357. Special juries were originally introduced in trials at bar, when the causes were of too great nicety for the discussion of ordinary freeholders: or where the sheriff was suspected of partiality.
1844. Ld. Brougham, Brit. Const., xix. § 6 (1862), 351. Tried by a special jury—that is, by persons of a superior rank.
1870. Sir W. Bovill, in Law Rep. 5 C. P. 167. The practice of ordering a good jury existed long before the passing of the Acts which regulate special juries.
1898. Thayer, Evid. Com. Law, 419. The development of the mercantile law by the use of special juries.
1898. A. W. Donald, in Encycl. Laws Eng. (Renton), VII. 154. A Good Jury—a jury obtained by a judge’s order for the purposes of a writ of inquiry. In London since the passing of the Juries Act of 1825, the sheriffs on receiving an order for a good jury have treated it as an order for a special jury.
e. Jury de medietate [med.L., = of halfness or moiety], a jury composed equally of two classes of men, a half-and-half jury; esp. (j. de medietate linguæ) one composed half of Englishmen and half of foreigners.
1768. Blackstone, Comm., III. xxiii. 360. Motion to the court for a jury de medietate linguæ. Ibid. (1769), IV. x. 128. Imbezzling or vacating records … may be tried either in the king’s bench or common pleas, by a jury de medietate: half officers of any of the superior courts, and the other half common jurors. Ibid., IV. xix. 278. By a jury formed de medietate, half of freeholders and half of matriculated persons, is the indictment to be tried [at Oxford].
1870. Act 33 Vict., c. 14 § 5. From and after the passing of this Act, an alien shall not be entitled to be tried by a jury de medietate linguæ.
f. Jury of matrons: a jury of discreet women impanelled to inquire into a case of alleged pregnancy.
1710–1. Addison, Tatler, No. 116, ¶ 1. I desired the Jury of Matrons, who stood at my Right Hand, to inform themselves of her Condition.
1769. Blackstone, Comm., IV. 395. In case this plea be made in stay of execution, the judge must direct a jury of twelve matrons or discreet women to inquire the fact.
1845. Encycl. Brit. (ed. 8), s.v., A jury of matrons is resorted to, in a writ de ventre inspiciendo, or when a feminine prisoner condemned to death pleads pregnancy in stay of execution.
II. transf.
3. Applied historically to the body of DICASTS (δικασταί) of ancient Athens, or the judices of ancient Rome, whose functions corresponded in part to those of an English jury.
1856. C. R. Kennedy, trans. Demosthenes, Midias, 63. The rudeness and the insolence, men of the jury, with which Midias uniformly behaves to all, are pretty well known, I imagine, both to you and to the rest of my fellow-countrymen.
1881. S. H. Butcher, Demosthenes, i. 10. In the time of Lysias corrupt officials often told the jury point-blank that unless they gave an adverse verdict there would be no funds to pay their salaries. Ibid., 12. It is not easy to see how juries consisting of five hundred members or more could be effectively bribed.
4. A body of persons selected to award prizes in an exhibition or competition.
1851. Illustr. Catal. Gt. Exhib., 30. In announcing the Prizes, the Commissioners laid down certain general principles for the guidance of the Juries.
1900. Westm. Gaz., 8 May, 10/1. The prize-jury … examined the merits of no fewer than 999 competitive stories.
† 5. (from the usual number of persons in a jury in sense 1.) A company of twelve; a dozen. Obs.
1592. Warner, Alb. Eng., VII. xxxvi. (1612), 172. Three-headed Cerberus in chaines should make the Iurie full.
1649. Fuller, Just Man’s Funeral, 27. All the Jurie of the Apostles. Ibid. (1650), Pisgah, Ezek. Vis. i. A compleate square … with a just Jury of gates, three on each side.
III. 6. attrib. and Comb., as jury-packing, -panel, -roll, -room, -trial; jury-book, a book containing the names of persons liable to serve on juries; jury-box, an enclosed space in which the jury sit in court; jury chancellor, the foreman of a jury (in Scotland): = CHANCELLOR 8; jury-list, a list of persons liable to be summoned to act as jurymen; † jury-process, a writ formerly issued for the summoning of a jury; jury-trial, trial by jury; jury-woman, one of a jury of matrons.
1870. Act 33 & 34 Vict., c. 77 § 12. No person whose name shall be in the *jury book as a juror shall be entitled to be excused from attendance.
1826. Syd. Smith, Wks. (1859), II. 112/2. He does not conjure the farmers in the *jury-box, by the love which they bear to their children.
1867. Trollope, Chron. Barset, xli. The men in the jury-box may decide it how they will.
1867. Carlyle, Remin., II. 10. The *jury chancellor … smote his now dry brow with a gesture of despair.
1825. Act 6 Geo. IV., c. 50 § 6, marg. High Constables to issue Precepts to Church wardens, etc. … to make out *Jury Lists.
1887. Westm. Rev., June. 306. An address, in which they complain … of *jury-packing; of the land tenure; of trade regulations confining them to certain markets.
1888. Times, 19 Dec., 6/5. Mr. Sexton said that he supposed there was no possibility of extracting a reasonable reply from the Government on the charges of jury-packing.
1891. T. E. Bridgett, Life Sir T. More, 416. A *jury-panel was formed.
1828. P. Cunningham, N. S. Wales (ed. 3), II. 127. A chance would thus be afforded of having an honest man on the *jury-roll.
a. 1832. Mackintosh, Revol. 1688, Wks. 1846, II. 296. The friends of the Bishops watched at the door of the *jury-room, and heard loud voices at midnight.
1810. Bentham, Packing (1821), 91. When a political libel is the offence, the form of *jury trial is but a melancholy farce.
1844. Ld. Brougham, Brit. Const., ix. § 3 (1862), 126. The use of Jury-trial is admirable … where a question of conflicting evidence arises.
1805. Eugenia de Acton, Nuns of Desert, I. 236. We wish to bribe her *Jury-women, but they are inflexible.
1883. Wharton’s Law-Lex. (ed. 7), Jury-woman, or Jury of Matrons.
Hence Juryless a., without a jury.
1808. Bentham, Sc. Reform, 29. By a wicked and jury-less Court of Conscience act. Ibid. (1810), Packing (1821), 115. A Jury-less Judge preferable to a covertly pensioned Jury.
Jury-, Jury a. (Naut.): see under JURY-MAST.
