Legal Definitions - by God and my country

The phrase "by God and my country" is a historical legal term that was a customary response by a criminal defendant during an arraignment. In historical English legal proceedings, when a defendant was asked how they wished to be tried (often phrased as "Culprit, how wilt thou be tried?"), this reply signified their choice to submit to a trial by jury. It represented an appeal to both divine justice and the judgment of the community, indicating a trust in the fairness of the legal process as administered by their peers.

• Example 1: In 17th-century England, a local tailor named Thomas is accused of petty theft from a market stall. When he is brought before the court for arraignment, and the judge asks him, "Culprit, how wilt thou be tried?", Thomas, believing in his innocence and the fairness of his community, declares, "By God and my country."

  This example illustrates Thomas's decision to be tried by a jury of his peers, appealing to both divine oversight and the judgment of the local community to determine his guilt or innocence for the alleged crime.

• Example 2: Imagine a yeoman farmer in the 16th century, accused of poaching deer on a nobleman's estate—a serious offense at the time. During his arraignment, when prompted with the question of how he wishes to be tried, he responds, "By God and my country."

  Here, the phrase demonstrates the farmer's reliance on the established legal system and the judgment of a jury drawn from his community, rather than a summary judgment by the lord or magistrate, to determine his fate for a potentially life-altering accusation.

• Example 3: During a period of political tension in the late medieval era, a citizen is accused of speaking out against the local baron, a charge that could be interpreted as sedition. When brought before the court and asked how they wish to be tried, they defiantly state, "By God and my country."

  In this context, the phrase not only requests a jury trial but also subtly emphasizes an appeal to the collective conscience and understanding of the community (the 'country') over the potentially biased judgment of the baron's appointed officials, seeking a verdict from those who might share their perspective or understand the local circumstances.