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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 212   View pdf image (33K)
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212 33 E. 1, STAT. 4, CHALLENGES.
156 AN ORDINANCE
FOR INQUESTS,
Made 18 Septembris, Anno 33 EDW. I, Stat. 4, and A.D 1305.
He that challengeth a Jury or Juror for the King shall shew his Cause.
Of Inquests to lie taken before any of the Justices, and where-
in our Lord the King is party howsoever it be; it is agreed and
ordained by the King and all his Council, That from henceforth,
notwithstanding it be alledged by them that sue for the King,
that the Jurors of Those Inquests, or some of them, be not
indifferent for the King, yet such Inquests shall not remain
untaken for that cause; (2) but if they that sue for the
King will challenge any of those Jurors, they shall assign of
their Challenge a Cause certain, and tine Truth of the same
Challenge shall be enquired of according to the Custom of the
Court; and let it be recovered to the Takers of the same Inquisi-
tions, as it shall be found if the Challenges be true. or not,
after the Discretion of the Justices.
Rast. 115. Fitz. Chall. 17, 63, 65, 107. Bro. Chall. 22, 154.
This Statute extended to civil as well as criminal causes to which the
king was party, Bac. Abr. Juries, E. 10.1 But the practice of the English
Courts has been long established, that if the king do challenge a juror,
the cause of the challenge need not be shewn till the whole panel be gone
through with, and it appear that there will not be a full jury without the
party so challenged, and the rule was affirmed after argument in Frost's
' At common law the prosecution in criminal cases had the right of per-
emptory challenges to an unlimited extent. This was changed by the above
Statute which, while it took away this right, was nevertheless construed
by the courts to allow the prosecution a qualified right of peremptory
challenge, which was exercised by allowing it the privilege of setting aside
jurors when called, without assigning cause, until the panel was exhausted,
when, if the full number was obtained, such jurors were not called, but
if not, their names were afterwards called on the general list. Turpin
v. State, 55 Md. 465.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 212   View pdf image (33K)
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