uries, grand and petit, took place
after the Norman Conquest.

Hume, speaking of the administration of justice in the time of Alfred,
says that, in every hundred,

"Twelve freeholders were chosen, who, having sworn, together with the
hundreder, or presiding magistrate of that division, _to administer
impartial justice_, proceeded to the examination of that cause which
was submitted to their jurisdiction."--_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 for 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.[55]

Hale says:

"Then twelve, and no less, of such as are indifferent and are
returned upon the principal panel, or the _tales_, are sworn to try
the same according to the evidence."--_2 Hale's History of the Common
Law_, 141.

It appea