And for judge one lord sitteth, who is constable of
England for that day. The judgment once given, he breaketh his
staff, and abdicateth his office. In the rest there is no difference
from that above written," (that is, in the case of a freeman.) p. 98.
[25] "The present form of the jurors' oath is that they shall 'give a
true verdict according to the evidence.' At what time this form was
introduced is uncertain; but for several centuries after the Conquest,
the jurors, both in civil and criminal cases, were sworn merely to
speak the truth. (Glanville, lib. 2, cap. 17; Bracton, lib. 3, cap. 22; lib. 4,
p. 287, 291; Britton, p. 135.) Hence their decision was accurately
termed veredictum, or verdict, that is, ' a thing truly said'; whereas
the phrase 'true verdict' in the modern oath is not an accurate
expression." Political Dictionary, word Jury.
[26] Of course, there can be no legal trial by jury, in either civil or
criminal cases, where the jury are sworn to try the cases "according
to law.
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