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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

" Hume, ch. 2.
By a law of Henry II., in 1164, it was directed that the sheriff
"faciet jurare duodecim legales homines de vicineto seu de
villa, quod inde veritatem secundum conscientiam suam
manifestabunt," (shall make twelve, legal men from the
neighborhood to swear that they will make known the truth
according to their conscience.) Crabbe's History of the
English Law, 119. 1 Reeves, 87. Wilkins, 321 323.
Glanville, who wrote within the half century previous to
Magna Carta, says;
"Each of the knights summoned far this purpose (as jurors)
ought to swear that he will neither utter that which is false, nor
knowingly conceal the truth." Beames' Glanville, 65.
Reeve calls the trial by jury "the trial by twelve men sworn
to speak the truth." 1 Reeve's History of the English Law, 87.
Henry says that the jurors "took a solemn oath, that they
would faithfully discharge the duties of their office, and not
suffer an innocent man to be condemned, nor any guilty person
to be acquitted.


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