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5 - Trial by jury not a Proto-Germanic nor perhaps an Anglo-Saxon institution; but what of the twelve leading thegns of the wapentake?

from PART II - ANGLO-SAXON TRIAL BY JURY

Published online by Cambridge University Press:  12 September 2012

Eric Gerald Stanley
Affiliation:
University of Oxford
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Summary

It appears that for a considerable time now the Proto-Germanic origin of trial by jury has been insisted on less than long ago, and that bulwark of English liberty cannot be comfortably traced back to Anglo-Saxon times, nor, of course, to the statecraft of Alfred the Great to whom it was once so readily ascribed. Perhaps it is wiser to say that one knows what, at various times in the history of legal historiography, the scholarly consensus has been on the origin of trial by jury, than that one knows what the facts are. That is how Sir Frank Stenton sums it up with his usual care:

In spite of the vague reporting of early pleas, it is clear that the Norman kings established the jury as a regular part of the machinery of English government. In the opinion of most scholars the jury was introduced into England as a Norman institution, ultimately derived from the sworn inquests which the later Carolingian sovereigns had used for the determination of their rights. That the jury, in this sense, had been known to the early Norman dukes is possible, though it has not yet been proved. On the other hand the ‘twelve leading thegns’ of the wapentake, who swore that they would neither protect the guilty nor accuse the innocent, were members of a society which had grasped the essential principle of the jury seventy years before the Norman Conquest.

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Chapter
Information
Imagining the Anglo-Saxon Past
The Search for Anglo-Saxon Paganism and Anglo-Saxon Trial by Jury
, pp. 136 - 139
Publisher: Boydell & Brewer
Print publication year: 2000

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