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"We come now to the challenge: and of old the suitors in court, who were judge, could not he challenged; nor by the feudal law could the pares be even challenged. "Ad questionem juris non respondent Juratores." And this is the province of the judge on the bench, namely, to show, or teach the law, but not to take upon him the trial of the delinquent, either in matter of fact or in matter of law."
Quapropter monuit ut essent viri cordati, et amore boni patrisfamilias excolentis agrum suum, et extirpantis ac resecantis noxia gramina quæ fruges solent opprimere, et ipsi in præsenti facere festinarent. Primò majores regni dominos occidendo. Deinde juridicos, justiciarios, et juratores patriæ perimendo.
The losing party, if the jury were allowed to decide the law for him, would be deprived of his exception, and of his unquestionable right to have the law of his case pronounced upon by the Supreme Court. Ad questiones juris respondeant judices, ad questiones facti juratores.
This method, which was extended to criminal as well as civil cases, of ascertaining the truth and deciding disputes by means of juratores, men sworn to tell the truth impartially, involved a vast educational process. Hitherto men had regarded the ascertainment of truth as a supernatural task, and they had abandoned it to Providence or the priests.
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