From the introductory NOTE. Starkie's well-known article on the "Trial by Jury" was published in the Law Review in August, 1845. It early attracted the notice of scholars, and it has been praised and relied upon by the best English and German writers on the subject of which it treats.1 Messrs. Little, Brown, & Co. have now kindly consented to reprint it, - for the convenience, primarily, of the classes in evidence at the Law School of Harvard University. This article is but a fragment, yet, having regard to the writer's main purpose, I know of nothing upon the subject, within so small a compass, which is so well worth reading. Had time permitted, some notes would now have been added, containing further illustrations and connecting Starkie's researches with others of a more recent date; but since it was impracticable to do all that I wished, I have preferred to leave the article precisely as it was left by the author.
