Legal Definitions - decem tales

Decem tales refers to a historical legal writ, or formal court order, used to ensure a sufficient number of jurors for a trial. In situations where the initial pool of potential jurors was depleted—perhaps due to excusals, challenges, or no-shows—and there weren't enough people to form a complete jury, a court would issue a decem tales. This writ directed the sheriff to immediately summon ten additional individuals from the community to serve on the jury panel, thereby allowing the trial to proceed.

Here are some examples illustrating the application of a decem tales:

• Civil Trial Shortage: Imagine a complex civil lawsuit in the early 20th century involving a property dispute. On the day jury selection was scheduled, many of the initially summoned jurors were excused due to conflicts of interest, personal hardships, or successful challenges from the attorneys. After these excusals, the court realized it did not have enough qualified individuals remaining to select a full jury. In this scenario, the judge would have issued a decem tales, ordering the local sheriff to quickly find and bring ten more eligible citizens to the courthouse to augment the jury pool, ensuring the trial could move forward.

• High-Profile Criminal Case: Consider a high-profile criminal trial for a serious felony in a small rural county during the 19th century. Due to extensive local media coverage and widespread community knowledge of the case, a significant number of potential jurors expressed bias or were successfully challenged by the prosecution or defense attorneys. As jury selection progressed, the judge found that the remaining pool of unbiased jurors was insufficient to seat the required number for the trial. To avoid delaying justice, the court would have issued a decem tales, compelling the sheriff to gather ten additional individuals from the county to be considered for jury service, thereby replenishing the panel.

• Unexpected Juror Absence: In a bustling colonial-era town, a court session was underway with several cases awaiting trial. For one particular case, perhaps due to an unexpected illness among the summoned jurors or simply a lower-than-anticipated turnout, the court found itself short of the minimum number of jurors needed to begin proceedings. Rather than adjourning the trial indefinitely, the presiding judge would have invoked the power of a decem tales. This writ would instruct the sheriff to immediately locate and present ten more suitable citizens from the community to the court, allowing the jury selection process to continue and the trial to commence without undue delay.