Case LXXXVIII 21 E 4, 1 Attaint, Challenge, Judgment: 1220

In an attaint, it is a principal challenge that one of the petty jury is a tenant to one of the grand jury : for if a petty jury be convicted in the attaint, it will be a great prejudice to the seigniory ; for his houses shall be pulled down, and his meadows plowed. The statute of 23 H 8, cap. 3, for attaint, does not takae away the attaint at common law ; but ordains that no attaint shall be brought except in the King’s Bench or Common Pleas at Westminster, and not eIsewhere. In other actions, a challenge that the juror is lord to the party, is only a challenge to the favour.
Juratores debent esse minus suspecti (Jurors should be free of suspicion).


[1220] EngR 307, (1220-1623) Jenk 141, (1220) 145 ER 98 (B)



Natural Justice, Criminal Practice

Updated: 18 May 2022; Ref: scu.461219