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Jurata

jury, law, assize and questions

JURATA (Lat.). In Old English Law. A jury of twelve men sworn. Especially, a jury of the common law, as distinguished from the assize, or jury established or re established by stat. Hen. II.

The assize was a body of jurors summon ed to answer certain specific questions in accordance with a positive law that such questions should be answered in that way. But in. time the ordinary method of proof came to be the jury to which the parties agreed to submit these preliminary or inci dental questions. This new body, so sum moned, is the jurata into which the assize is converted ; "assisa vertitur in juratam." 1 Holdsw. Hist. E. L. 151.

The jurata, or common-law jury, was a jury called .in to try the, cause, upon the prayer of the parties themselves, in cases where a jury was not given by statute Hen. II., and as the jury was not given under the statute of Henry II., the writ of attaint pro vided in that statute would not lie against a jurata for false verdict. It was common for the parties to a cause to request that the cause might be decided by the assize, sitting as a jurata, in order to save trouble of sum moning a new jury, in which case "cadtit as size et vertitur in juratam," and the cause is said to be decided non in modum assizcs, but in modum juratce. 1 Reeve, Hist. Eng.

Law 335, 336; Glanville, lib. 13, c. 20 ; Brae ton, lib. 3, c. 30. But this distinction has been long obsolete.

Juratw were divided into: first, jurata di latoria, which inquires out offenders against the law, and presents their names, together with their offences, to the judge, and which is of two kinds, major and minor, according to the extent of its jurisdiction; second, ju rate judicaria, which gives verdict as to the matter of fact in issue, and is of two kinds, etivilia, in civil causes, and criminalis, in criminal causes. Du Cange.

A clause in nisi Arius records called the jury clause, so named from the word jurata, with which its Latin form begins. This entry, jurata ponitur in respectu, is abol ished. Com. Law Proc. Act, 1852, 104; Whart. Law Lex.; 9 Co. 32 ; 59 Geo. III. c. 46; 4 Bla. Com. 342. Such trials were usu ally held in churches, in presence of bishops, priests, and secular judges, after three days fasting, confession, communion, etc. Du Cange.

A certificate placed at the bottom of an affidavit,, declaring that the affiant has been sworn or affirmed to the truth of the facts therein alleged. Its usual form is, "Sworn (or affirmed) before me, the day of , 19." A jurat.