Page:The Green Bag (1889–1914), Volume 15.pdf/128

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Editorial Department.

97

that you will search and try the prisoner at the bar whether she be with quick child, and return a true verdict according to your skill and understanding. So help you God." In Tidy's Legal Medicine. 1883, part II., it reads: "There is perhaps no subject on WE are indebted to an esteemed English which women display greater ignorance than contributor, J. M.," for the following inter on questions connected with pregnancy." It esting note on the "jury of matrons": certainly seems strange that this law should When Mr. Justice Jelf took his seat on the still remain in force in England, as it is not bench at the assizes a few weeks ago, the so in other countries. But as the jury are jury-box was occupied by twelve ladies. His entitled to medical aid there is not much chance of their giving a wrong verdict. lordship explained that they had been put to the trouble of attending through a mistake. Where the law is changed, as some day it no It had been suggested that the prisoner, who doubt will be, it may be found wise to adopt was sentenced to death for the murder ot a the practice of the French courts. lady at Rootle, was in a certain condition, in Probably the most distinguished jury of consequence of which the sentence would matrons was the jury called in the time of have been respited. In this case it had been James I., 1613, in the case of the Earl of found that the matter had been mentioned by Essex, where the court decreed "that six midmistake. The girl did not allege that she wives of the best note, and ten noble matrons was in that condition, and the doctor said out of which they themselves would choose there was no foundation whatever for sug two, and four matrons, should inspect the gesting it. In these circumstances he would countess.'1 Some of the names mentioned in not detain the matrons, and expressed regret connection with this enquiry were Lady Mary that they had been troubled to attend. Tirwhit, wife of Sir Philip, baronet: Lady It is still the law in England, where a pris j Alice Carcw, wife of Sir Mathews; Lady Daloner pleads pregnancy, or where the courts ' ison, wife of Sir Roger, and Lady Anne Wal are disposed to think such a state of things ker, widow. This jury returned a verdict highly probable, that the prisoner is tried by favorable to the countess, and, to corrobor twelve matrons. The procedure is of iiigh ate all this, the countess produced seven antiquity. It is stated by Blackstone to have women of her consanguinity, viz. Katherine, prevailed as early as memorials of English Countess of Suffolk; Frances, Countess ot laws will reach. When the plea is raised the Kildare: Elizabeth. Lady Waklen; Elizabeth, clerk of the court has to empanel forthwith, Lady Knevel; Lady Katherine Thynne, Mrs. dc circumstantibus, from the bystanders in Katherine Fiennes and Mrs. Dorothy Xeal. court, a jury of twelve matrons, or discreet This case is reported in Gobbet's Com women (2 Hale P. C. 412.) The course usu plete Collection of State Trials. The details are ally followed is exemplified in Wycherley's not fit for publication. case, when Baron Gurney ordered all the doors to "be closed and no one-to leave the FRENCH archaeologists have recently, at court, and by this means secured the lady Susa, in Persia, the text, transcribed on a sightseers. There are cases, Christiana Ed- diorite column, of the oldest law code of mond's case to wit, where there have been which we have knowledge. This is the code some extraordinary scenes witnessed i'i of Hammurabi, king of Babylon, about 2300 court, at the clerk's endeavor to empanel a B. C. The code has been translated by a jury "forthwith." I French Assyriologist, and from a summary of The following is the form of oath adminis these enactments The Literary Digest gives tered to the forewoman of the grand jury: 1 the following interesting items: "You as forematron of this jury shall swear Legal cases were tried before a court of whisper: "What part of the service have they reached?" To which the Quaker, without a smile, re plied: "Just opened for the defence."—Ex change.