Why is trial by jury the glory of English law?

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): William Blackstone believed that trial by jury is the glory of English law because it has been used for a long time and has helped secure the just liberties of the nation. He argues that it is a transcendent privilege for subjects to be judged by their peers in matters of property, liberty, or person. (key quote above) [1]
• BELIEF (undated): William Blackstone believed that trial by jury is the glory of English law because it acts as a strong and twofold barrier between the liberties of the people and the prerogative of the crown, preventing the executive power from being dangerous or destructive to the constitution. (key quote above) [2]
• BELIEF (undated): William Blackstone believed that trial by jury is the glory of English law because it is an excellent method of decision. He argued that granting a new trial preserves and perfects this method, ensuring justice through a rehearing before another jury without prejudice to either party. "Granting a new trial, under proper regulations, cures all these inconveniences, and at the same time preserves entire and renders perfect that most excellent method of decision which is the glory of the English law." [3]
• BELIEF (undated): William Blackstone believed that trial by jury is a 'bulwark of northern liberty' and the 'best preservative of English liberty,' and that it is a duty of every man to maintain it in all its rights. He argued that it should be preserved and extended by removing its defects and improving its advantages. "It is therefore, upon the whole, a duty which every man owes to his country, his friends, his posterity, and himself, to maintain to the utmost of his power this valuable constitution in all its rights; ... to guard with the most jealous circumspection against the introduction of new and arbitrary methods of trial, which, under a variety of plausible pretences, may in time imperceptibly undermine this best preservative of English liberty." [4]
• BELIEF (undated): William Blackstone believes that trial by jury is the glory of English law because it protects the subject from harassment by freeholders and is a hallmark of English justice. He expresses concern that summary proceedings may threaten its use except in capital cases. (key quote above) [5]
• ACTION (editor's note) (undated; editor's note, not his words): The editor reports that William Blackstone displayed much erudition in the beginning of this chapter to prove the antiquity of the trial by jury. "The learned judge has displayed much erudition in the beginning of this chapter to prove the antiquity of the trial by jury;" [6]

What cuts against it

• ACTION (editor's note) (undated; editor's words, not his): The editor notes that Blackstone's discussion of the antiquity of trial by jury may conflate similar but not identical practices. "The judicium parium seems strictly the judgment of a subject's equals in the feudal courts of the king and barons. And so little appears to be ascertained by antiquarians respecting the introduction of the trial in criminal cases by two juries..." [6]

2. HOW IT APPLIES (reasoning; inference is marked)

1. William Blackstone believed that trial by jury is the glory of English law because it has been used for a long time and has helped secure the just liberties of the nation. [1]

2. He argued that it is a transcendent privilege for subjects to be judged by their peers in matters of property, liberty, or person. [1]

3. Blackstone viewed it as a strong and twofold barrier between the liberties of the people and the prerogative of the crown, preventing the executive power from being dangerous or destructive to the constitution. [2]

4. He believed that granting a new trial preserves and perfects this method, ensuring justice through a rehearing before another jury without prejudice to either party. [3]

5. Blackstone expressed concern that summary proceedings may threaten the use of trial by jury except in capital cases, indicating its importance in English justice. [5]

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: William Blackstone considered trial by jury the glory of English law because it is a foundational element of the legal system, ensuring justice through peer judgment and acting as a safeguard against executive overreach.

Competing readings: The editor suggests Blackstone may have conflated similar but not identical practices in his historical account, though this is an inference not stated in the record.

Confidence: High, based on multiple direct statements in his writings.