<P> According to George Macaulay Trevelyan in A Shortened History of England (1958), during the Viking occupation: "The Scandinavians, when not on the Viking warpath, were a litigious people and loved to get together in the' thing' to hear legal argument . They had no professional lawyers, but many of their farmer - warriors, like Njal, the truth - teller, were learned in folk custom and in its intricate judicial procedure . A Danish town in England often had, as its principal officers, twelve hereditary' law men' . The Danes introduced the habit of making committees among the free men in court, which perhaps made England favorable ground for the future growth of the jury system out of a Frankish custom later introduced by the Normans ." </P> <P> The English king Æthelred the Unready issued a legal code at Wantage, which states that the twelve leading thegns (minor nobles) of each wapentake (a small district) were required to swear that they would investigate crimes without bias . These' juries' differed from the present - day kind by being self - informing; instead of getting information through a trial, the jurors were required to investigate the case themselves . </P> <P> In the 12th century, Henry II took a major step in developing the jury system . Henry set up a system to resolve land disputes using juries . A jury of twelve free men were assigned to arbitrate in these disputes . Unlike the modern jury, these men were charged with uncovering the facts of the case on their own rather than listening to arguments in court . Henry also introduced what is now known as the "grand jury", through his Grand Assize . Under the assize, a jury of free men was charged with reporting any crimes that they knew of in their hundred to a "justice in eyre," a judge who moved between hundreds on a circuit . A criminal accused by this jury was given a trial by ordeal . Under the jury, the chances of being found guilty were much lower, as the king did not choose verdict (or punishment). </P> <P> The Church banned participation of clergy in trial by ordeal in 1215 . Without the legitimacy of religion, trial by ordeal collapsed . The juries under the assizes began deciding guilt as well as providing accusations . The same year, trial by jury became a fairly explicit right in one of the most influential clauses of Magna Carta, signed by King John . Article 39 of Magna Carta reads (translated by Lysander Spooner in his Essay on the Trial by Jury (1852)): </P>

Who laid the foundation for the right to trial by jury