Medieval Life: Juries

One of the rights enshrined in America's Bill of Rights is the right to trial by jury in all felony cases.  Today's juries function a lot differently than their English ancestors.  The jury has its roots in Saxon times, when leading members of a town, all male, would gather to investigate instances of crime in their community.  If an offender was caught, it was up to the jury to locate and interview witnesses and determine guilt or innocence.  There were two practices to aid them in this task.  If an offender's guilt was uncertain, he could be made to undergo a trial by ordeal.  A hot piece of metal would be placed in his hand, then the resulting burn bandaged for a period of time, usually three days.  If, at the end of the three days, the wound was healing with infection, the person was innocent.  If the wound was festering, he was guilty and punished accordingly.  Accused people who had some status in their community could also get their friends, neighbors and relatives to swear to their good reputation and innocence.  

One of Henry II's aims as King was to standardize England's judicial process.  Through the Assizes of Clarendon of 1166, he abolished trial by ordeal or combat and put the responsibility on local juries to determine the guilt or innocence through evidence.  Sheriffs were responsible for arresting and holding offenders.  The jury would interview witnesses, view evidence and, if more was needed, undertake an investigation to find more witnesses or convincing evidence of a crime.  Judges were to preside over trials, answer questions of law, announce verdicts and pass sentences.  The sheriff would then see that the sentence was carried out.  Thus, unlike modern juries, were rules prevent jury members from undertaking any investigation on their own, juries in Medieval England were responsible for seeing that their communities were crime free.  Sitting on a jury was considered the responsibility of the more well-to-do members of the community, but it could be a time-consuming and tedious process.  Jury members might hear several cases, much like a modern grand jury, instead of just one.