TION.
This term denotes a small schedule of paper or parchment contain ing the names of jurors returned by the sheriff or other ministerial officer for the trial of issues in courts of common law. The enrolment of the names upon this schedule is called impanelling a jury ; the ministerial officer is also said to array the names in the panel. The etymology of the term is doubtful : Sir Edward Coke says, " Panel is an English word, and signifieth a little part, for a pane is a part, and a panel is a little part.' (Co. Litt., 158 b.) Spelman derives the word from pagella, a little page, supposing the g to be changed to a. (Spelman 's Gloss., tit. 'Panella'). Both these etymologies seem to be incorrect. In the old book called Les Termes de In Ley,' panel is said to come from the French word panne, a skin ; whence in barbarous Latin might come panellus or panella, signi ty ing a little skin of parchment. This would denote the jury panel pretty accu rately, and the history of its appearance as an expression in English procedure is consistent with its derivation from the French.
In the earliest records of the forms of jury-process, as given by Glanville, it ap pears that the sheriff was commanded by the writs in certain real actions to cause to be inibreviated (imbreviarilacere) the mimes of the jurors by whom the land in question was viewed. But at this time
the word panel never occurs, nor is it used by Bracton, Fleta, or Britton, nor in any statute earlier than 20 Edw. III. c. 6, (1349), which forbids sheriffs from putting suspected persons in arrays of panels. This was precisely the period at which the French language began to be fully introduced into our law proceedings. (Luder's Tract on the Use of the French Language in our Ancient Laws.') This coincidence renders it not improbable that the word panel, from panelle and panne, may have been introduced with many other French terms about this period.
In Scotch criminal law, the accused, who is called a defender till his appear ance to answer a charge, is afterwards styled the pannel. The etymology of this word also is doubtful. (Jameson's Dictionary.) But it is possible that it may have the same origin as our English word, as in Scotch proceedings a prisoner is sometimes said to be entered in panne' to stand trial. (Arnots Criminal i'rials, p. 12.)