HC Deb 11 February 1824 vol 10 cc124-30
Mr. Western

rose for the purpose of moving for leave to bring in a bill to make an alteration in the law respecting the Qualification of Jurors. The hon member said, that though the alterations he had to propose were important, he did not apprehend that any strong objection would be urged against them. Various changes in the qualifications of jurors had taken place, from time to time, as the value of money had altered, but they had never been less adapted to the circumstances of the country than at the present moment. The qualification, in the country, now consisted of land, and it might be either freehold or copyhold. In London and in Southwark it was different; for there personal property conferred a right to sit upon juries: in the City the amount was 100l., and in the Borough only 40l., but this was regulated by a special provision. Out of those places, personal property to any amount conferred no qualification; and 10l. value, whether of freehold or copyhold, was often attended with extreme poverty, so as to render it impossible for the party to attend without great loss and inconvenience. The hon. gentleman went on, from documents before him, to detail several instances of parishes in which the number of persons qualified to act as jurors bore no proportion to the amount of property; in one instance the rental of a parish was above four thousand pounds, and only one person residing in it was qualified to serve as a juryman. In the last year the bill he now proposed to introduce had gone through its second reading, and the blanks had been filled up with the qualifications he wished to substitute for those now in operation. He did not see that any great difficulty could arise in ascertaining the amount of the personal property of an individual, in order that it might be decided whether he was or was not liable to be called upon to attend the assizes, or elsewhere, where his services might be useful to his country. If the holding of land to the extent of 80l. a-year were not deemed too much, he thought the amount of personal property might be fairly enough fixed at 400l. inasmuch as a tenant of land of the yearly rent of 80l. per annum, to cultivate it properly must at least possess a personal estate to the extent of 400l. The hon. member then stated the various clauses of his bill, and said, that the measure which he had to propose, besides adapting the responsibility of serving on juries to the property and respectability of the population in a more just ratio, would include a trifling alteration as to the age required by the existing regulations; and he trust- ed that it would have the effect of calling forth an enlightened and extremely eligible class of persons to serve on juries, who were at present excluded, but who were well able to add to the support and strength of those laws which had raised this country to the proud station which we at present held among the nations of the world. The right hon. secretary had informed the house last evening, that the object of the bill which it was his intention to introduce was the consolidation of numerous laws which were now scattered over the Statute-book. But, in fact, although in all times, from the Conquest down to the present moment, the legislature had turned its attention occasionally to this subject, there was very little to complain of as to the vagueness of the law; for there was scarcely any law respecting juries which was not comprised in those two acts passed in the 4th and 5th William and Mary, and the 1st Geo. II. Certainly, as far as principle was concerned, there was nothing to be found outside those two acts. He would not detain the House longer at present, but reserve himself for any discussion which might arise upon the details of the bill, for the bringing in of which he now asked the permission of the House.

Mr. Leycester

seconded the motion of his hon. friend with much cordiality. The principle upon which the qualification of jurors had been fixed might be classed among the antiquated prejudices of the feudal system, and was totally at variance with the present advanced state of civilization; because it went to exclude a large body of men, who were not only well qualified by education, station, and intellect, but were also willing to take their share in the burthensome duties of that service. Another strong recommendation of this measure was, the prospect it would afford of speedily establishing a third assize. This measure would render the duties of juries in the aggregate less onerous with a third assize, than before they had been with only two. It would remove the only obstacle which at present impeded the establishment of a third assize. He did not anticipate any difficulty upon this last point on account of the judges; for, without adding any expense in the way of salary, or a single member to the number of the judges, it was only to make a more economical use of their judicial means—it was only to dispose with more prudence of their judicial forces. They had only to get rid of the unaccountable respect which had prevailed for the number four, as being the best suited for judicial decision. Why it should be so, any more than five, three, or one, he could not discover. As it was an even number, it would seem to be less suited for decision than three, which, in case of differing opinions, must leave a majority. It was clear that four judges were not necessary to sit in each court; and, fortunately for the present question, the custom upon which that number prevailed was by no means invariable. The number had been reduced within the time of legal memory, from six or seven down to four. Why not reduce it to one? But supposing objections to be taken to that reduction, there could be none to the plan of leaving three judges on each of the benches, and by that means there would be three judges whose services would be available for the circuit on the third assize, without producing the least inconvenience to the business of Westminster-hall. Upon the question of the usefulness of a third assise, there could not be a doubt remaining. In the present winter they had seen the advantages of a third assize in the home circuit; for not only had many innocent men been set at liberty, but an atrocious murderer had been brought to punishment who would otherwise have been allowed to have disgraced society for months longer. The motion of his hon. friend was of great importance, and he was anxious for its success, not only on its own account, but as a sure and safe stepping-stone to that most important measure, a third assize.

Captain Maberly

said, it was necessary for the House to consider what a situation, they might be placed in by the bill which the hon. mover proposed to introduce, and that which the home secretary of state had also given notice of. The right hon. secretary proposed to consolidate all the laws relating to juries while the hon. gentleman was bringing in a bill to amend a particular disposition of those laws. Let them suppose the hon. gentleman's bill to have passed into a law, and the bill of the right hon. secretary introduced. Now, either the bill of the right hon. secretary would contain the provisions of the hon. gentleman's bill, or it would not. If it contained them, there would be two bills with the same enactments: if not, there would be all the laws respecting juries consolidated in one bill, with the exception of one bill.

Mr. Western

undertook that no inconvenience, like that which had been anticipated by his hon. friend, should arise from the introduction and progress of his bill.

Mr. Lockhart

would not oppose the introduction of the bill: but it was a measure which required great deliberation, and it was important that the House should hear the observations of all the members upon it. The remarks of an hon. member upon the general composition of juries were such, that he could not yield his entire concurrence to them. He could not agree that the old principle of juries was founded in prejudice, or that it was merely an error of the feudal system, which confined the selection of special juries to the class of freeholders. He rather thought that their ancestors had acted from a just and proper sense of the subject. Experience had shown, that the view which had been taken of the subject in ancient times was a sound one, and perhaps the best which could be devised, to protect people from the encroachments of despotism; to secure the rights of subjects against the power and influence of the Crown, and the interests of their property from injustice one among another. The epithet prejudice could only be ascribed fairly to that which had produced evidently bad consequences; whereas that system had proved to be efficient above all others, in opposing the intellect and public virtue of the community to the tyranny of rulers; and it had secured to us the only free constitution, worthy of the name, which existed in the world. He did not feel inclined to oppose the proposition of the hon. gentleman, because it went to place the system of juries in a position more fairly proportioned to the property and intelligence of the people. All he feared was, that the class by which that most invaluable blessing had been maintained hitherto might be too far overlooked. He admitted that they might not equal in expertness and ingenuity some of the enlightened classes which the kingdom contained. Their understanding was of a peculiar kind: there was in it a sort of vis inertiæ, which was not likely to run after the prevailing follies and fancies of the times. The old yeoman was a sturdy character, not easily to be moved even by the threats of power, when power was more dangerous than it was in these days, as many instances in history proved. He wished the house to guard itself against the exclusion of that old and valuable character. In that point of view he dreaded any alteration which would induce a laxity of attendance by the yeomen upon the assize and sessions courts; and it would be seen in the course of the discussion Upon the details, how far they might expect that result, by an alteration which made personal property an equal qualification with real property, in the qualification of jurors. There was another consideration, of vital importance as to this part of the subject; which was, that the attendance of the yeomen on the assize courts, to witness the administration of justice, was of the greatest service in enlightening their minds upon the subject of their just rights, by which means they were enabled to enhance, on returning to their homes, the common stock of common sense, which had supported the prosperity and happiness of the country in times past, and contributed greatly to its present glory and strength.

Mr. Secretary Peel

said, he did not intend to oppose the introduction of the bill of the hon. gentleman; in fact, in many parts of it he concurred; at least he thought the whole subject well worthy of serious consideration. He thought at the same time, with his hon. friend who had just spoken, that no alteration should be made in the system without much consideration; though some of the reasons urged by his hon. friend against an alteration, tended to bring him (Mr. Peel) to a directly contrary conclusion. If his hon. friend contended, and as no one would doubt, that the trial by jury was an important instrument for a diffusion of the knowledge of the law throughout all parts of the community, this was surely a reason for extending the privilege of serving on juries beyond the class to which it was now confined. The hon. mover had proposed to admit, as a qualification for serving on juries, the possession of personal property to a certain extent; and he had observed, that this principle was admitted already in corporate towns. But, he doubted in the first place, whether the hon. gentleman did not propose at first to admit too large a class, and whether the possession of a particular amount of personal property would not be found a very uncertain and embarrassing rule to go by. The hon. gentleman proposed, that the possession of 100l. of personal property should not only be a sufficient qualification, but that the owner should be entitled, or, if he pleased, compelled, to serve on the juries. But, would it not be a very delicate point to leave to the subordinate officers of any parish or borough to ascertain whether or not each man claiming or being compelled to serve was worth 100l.? [Mr. Western said across the table "400l."] It was no matter: he was arguing upon the principle; which implied something too inquisitorial in the functions of the summoning officers. Surety it would be better to adopt some known test by which qualifications were now ascertained—either the book of assessments to the parochial and county rates, or those of parliamentary taxation. Every one rated at 100l. or 200l. house rent, should be eligible. There were other questions of difficult solution which would meet with proper discussion when the House should come to the details of the bill; but into which it would be very inconvenient to go, during the absence of the attorney and solicitor-general. The bill might be introduced and allowed to the committee, and rest there until the arrival of the bill of which he had given notice at the same stage; at which time, to save the inconvenience to which allusion had been made by another hon. member, if the House thought fit, the bill of the hon. member for Essex might be incorporated with the other.

Leave was given to bring in the bill.