Of course, no man can rightfully take an oath as juror, to try a
case "according to law," (if by law be meant anything other than
his own ideas of justice,) nor "according to the law and the
evidence, as they shall be given him." Nor can he rightfully take
an oath even to try a case "according to the evidence," because
in all cases he may have good reason to believe that a party has
been unable to produce all the evidence legitimately entitled to
be received. The only oath which it would seem that a man can
rightfully take as juror, in either a civil or criminal case, is,
that he "will try the case according to his conscience." Of
course, the form may admit of variation, but this should be the
substance. Such, we have seen, were the ancient common law
oaths.
CHAPTER XI. AUTHORITY OF MAGNA CARTA
PROBABLY no political compact between king and people was
ever
entered into in a manner to settle more authoritatively the
fundamental law of a nation, than was Magna Carta.
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