Legal Definitions - countez

Countez is a historical term derived from Law French, used in English courts centuries ago. It was a specific instruction given by a court clerk to a court crier immediately after a jury had been formally sworn in. The command directed the crier to physically count the members of the jury, serving as a procedural step to verify that the correct number of jurors were present and properly constituted for the trial to proceed.

• Example 1 (Criminal Trial): Imagine an English court in the late 1700s, where a man stands accused of theft. After twelve individuals have taken their solemn oath to serve as jurors, the court clerk would turn to the crier and issue the command, "Countez!" This instruction signaled the crier to visually confirm and announce the presence of all twelve sworn jurors, ensuring the court record accurately reflected a properly formed jury before the trial could officially commence.
• Example 2 (Civil Dispute): In a civil case from the same historical period, perhaps concerning a property boundary dispute, once the selected jurors had completed their swearing-in ceremony, the clerk would direct the crier with "Countez!" The crier would then proceed to count the jurors, verifying that the full panel was present and accounted for. This was a critical procedural safeguard to prevent later challenges based on an improperly constituted jury.
• Example 3 (Procedural Verification): Consider a scenario in an 18th-century courtroom where, due to the solemnity of the proceedings, strict adherence to procedural formalities was paramount. After each jury member had individually affirmed their oaths, the instruction "Countez!" served as a formal command for the crier to perform a final, public verification of the jury's numerical composition. This act confirmed that, for instance, exactly twelve jurors were ready to hear the evidence, thereby upholding the legal requirements for a valid trial.