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." 3 Henry's Hist. of Great Britain, 346.
The Mirror of Justices, (written within a century after Magna Carta,) in the chapter on the abuses of the Common law, says:"It is abuse to use the words, to their knowledge, in their oaths, to make the jurors speak upon thoughts, since the chief words of their oaths be that they speak the truth." p. 249.
Smith, writing in the time of Elizabeth, says that, in civil suits, the jury "be sworn to declare the truth of that issue according to the evidence, and their conscience." Smith's Commonwealth of England. edition of 1621, p. 73.
In criminal trials, he says:
"The clerk giveth the juror an oath to go uprightly betwixt the prince and the prisoner." Ditto, p. 90. [24]
Hale says: