THE

JURYMAN'S LEGAL HAND-BOOK;

AND

MANUAL OF COMMON LAW.

IMPORTANCE OF TRIFLES.

WHY was the refusal of a "private gentleman to pay twenty or thirty shillings to the king's service argued," says Clarendon, "before all the judges in England?" Because in those twenty shillings, one party saw the germ of a tyranny, and the other of a rebellion. Why will a lawyer warn you against permitting a neighbour to claim the gathering of even a leaf upon your estate, without contesting his right? Because the gathering the leaf may invalidate your title to the whole estate. Why will a wise politician contest so earnestly for the form of a word, or the wearing of a hat, or the title of a writ? Because each of these will become a precedent; and in precedent is involved principle. Why will an engineer be alarmed at the first drop of water oozing through a dam? Because the rest, he knows, will follow it. Why is the discovery of one little bone in a stratum of a rock enough to overturn a whole theory of geology? Because the little bone, like a packthread, will draw after it the whole skeleton like a coil of rope; and the skeleton will imply the power which brought it to its site; and that power will be vast and pregnant with other influences; and thus the whole system of the science will be dragged into peril, as many other systems have been perilled, and have been upset by the merest trifle, by one little fact. Why will a spot of blood betray murder? Why will the print of a nail discover a thief? Why will a whole neighbourhood take flight at the sight of a little boy, with only a little spark of fire going into a magazine of powder; or a crowd disperse upon the ice at the sound of the slightest crack? Because nature, as well as theology, has her Athanasian creed and her damnatory clauses for those who neglect iotas-because nature, as well as theology, does not know what a trifle is.-Sewell's Christian Morals.

JURYMAN'S LEGAL HAND-BOOK;

AND

MANUAL OF COMMON LAW:

ADAPTED TO THE COMPREHENSION OF JURORS AND OTHERS, AND AFFORDING INFORMATION PECULIARLY USEFUL TO PROFESSIONAL GENTLEMEN, TO THE MAN OF BUSINESS, THE PARISH OFFICER, ETC. ETC.

PART I.-Comprehending introductory_matter, relative to Criminal Jurisprudence-Morality the Elementary Power of Empire-the Homes of England-Maxims of Law-the Vices of Mankind-Criminal Offences in England and Scotland-Statistics of Crime in England and FranceNational Education and Prejudices, &c.

PART II-The Marrow of the Jury Laws, with the Duties, Powers, Liabilities, and Qualifications of all GOOD and TRUE JURORS, competent to serve either on grand, special, or petty juries; or whether on ordinary or particular Inquests, &c.-The Origin, Nature, and Solemn Obligation of Oaths, &c.-Nature of the Oath taken by our Saviour-the Oath taken by Harold, &c.

PART III-A Glance at the Early Ages-Municipal and Criminal Law
of England-Magna Charta-The Law of Treason-Punishment of Death
-Right of Personal Liberty-Proceedings in Civil Actions-Law of
Landlord and Tenant, &c.
Vide General Index.

"The oath which he sware to our father Abraham."---LUKE i. 73.

Ορκον ὅν ὤμοσε πρὸς ̓Αβραὰμ τὸν πατέρα ἡμῶν. Λουκαν Κεφ. ά. 73. "An oath is an appeal to God, either upon a testimony that is given, or a promise that is made, confirming the truth of the one and the fidelity of the other."---BISHOP BURNET.

"An oath is an affirmation or denial by any Christian, of any thing lawful and honest, before one or more that hath lawful authority, for advancement of truth and right; calling upon God to witness that his testimony is true."--LORD COKE.

BY THOMAS H. CORNISH, ESQ.,

OF GRAY'S INN, BARRISTER-AT-LAW.

LONDON:

LONGMAN, BROWN, GREEN, & LONGMANS;

AND

E. SPETTIGUE, LAW BOOKSELLER, CHANCERY LANE.

ANTIQUITY OF JUDGES GOING CIRCUIT.

Ir is not, perhaps, generally known, at how remote a period this practice prevailed; but, on consulting 1 Samuel, vii. 16, we find this extraordinary confirmation: "And he (Samuel) went from year to year in circuit to Bethel, and Gilgal, and Mizpeh, and judged Israel in all those places."

שמואל א זיו והלך מדי שנה בשנה וסבב בית-אל והגלגל והמצפה ושפט את ישראל את כלי-;

LORD CHIEF JUSTICE

OF

HER MAJESTY'S COURT OF QUEEN'S BENCH;

ETC. ETC. ETC.

MY LORD,

I DEEM it a high honor to be permitted to dedicate to your Lordship the ensuing "Manual of Common Law," expressly provided for the use of our young and unpractised JURYMEN. In my humble opinion, such a dedication is singularly appropriate, not only from your Lordship's former long and arduous judicial and ministerial services in the criminal court