principles of
justice as they existed in their own minds.
The ancient oath of jurors in civil suits, viz., that "they would
make known the truth according to their consciences," implies
that the jurors were above the authority of all legislation. The
modern oath, in England, viz., that they "will well and truly try
the issue between the parties, and a true verdict give, according
to the evidence," implies the same thing. If the laws of the king
had been binding upon a jury, they would have been sworn to try
the cases according to law, or according to the laws.
The ancient writs, in civil suits, as given in Glanville, (within
the half century before Magna Carta,) to wit, "Summon twelve free
and legal men, (or sometimes twelve knights,) to be in court,
prepared upon their oaths to declare whether A or B have the
greater right to the land in question," indicate that the jurors
judged of the whole matter on their consciences only.
The language of Magna Carta, already discussed, establishes
the same point; for, although some of the words, such as
"outlawed," and "exiled," would apply only to criminal cases,
nearly the whole chapter applies as well to civil as to criminal
suits.
Pages:
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263