the iniquitie of the lawes, and partlie by ignorance in misconstruing
the same, to be wrongfullie condemned: some to death, and some in the
forfeitures of their goods; others were so intangled in sutes and
causes, that by no means they knew how to get out, but continuallie
were tossed from post to piller; in such wise that in their minds they
curssed the time that euer these vnequall lawes were made.

[Sidenote: Matters to be tried by a Iurie of 12. men.] The maner for
the triall of causes in controuersie, was deuised in such sort as is
yet vsed. Twelue ancient men (but most commonlie vnlearned in the
lawes) being of the same countie where the sute laie, were appointed
by the iudges to go togither into some close chamber, where they
should be shut vp, till vpon diligent examination of the matter they
should agrée vpon the condemnation or acquiting of the prisoner, if it
were in criminall causes; or vpon deciding in whom the right remained,
if it were vpon triall of things in controuersie. Now when they were
all agréed, they came in before the iudges, declaring to what
agréement they were growne: which doone, the iudges opened it to the
offendors or sutors, and withall gaue sentence as the qualitie of the
case did inforce and require. There may happilie be (as Polydor Virgil
saith) that will mainteine this maner of procéeding in the
administration of iustice by the voices of a iurie, to haue béene in
vse before the conquerors daies, but they are not able to prooue it by
any ancient records of writers, as he thinketh: albeit by some of our
histories they should séeme to be first ordeined by Ethelred or
Egelred. Howbeit this is most true, that the Norman kings themselues
would confesse, that the lawes deuised and made by the Conqueror were
not verie equall; insomuch that William Rufus and Henrie the sonnes of
the Conqueror would at all times, when they sought to purchase the
peoples fauor, promise to abolish the lawes ordeined by their father,