'Good men, (saith he,) ye of the inquest, ye have heard what these
men say against the prisoner. You have also heard what the prisoner
can say for himself. _Have an eye to your oath, and to your duty, and
do that which God shall put in your minds to the discharge of your
consciences_, and mark well what is said.'"--p. 92.

This is the whole account given of the charge in a criminal case.

The following statement goes to confirm the same idea, that jurors in
England have formerly understood it to be their right and duty to judge
only according to their consciences, and not to submit to any dictation
from the court, either as to law or fact.

"If having pregnant evidence, nevertheless, the twelve do acquit the
malefactor, which they will do sometime, especially if they perceive
either one of the justices or of the judges, or some other man, to
pursue too much and too maliciously the death of the prisoner, * *
the prisoner escapeth; but the twelve (are) not only rebuked by the
judges, but also threatened of punishment; and many times commanded
to appear in the Star-Chamber, or before the Privy Council for the
matter. But this threatening chanceth oftener than the execution
thereof; _and the twelve answer with most gentle words, they did it
according to their consciences_, and pray the judges to be good unto
them, _they did as they thought right, and as they accorded all_, and
so it passeth away for the most part."--p. 100.

The account given of the trial of a peer of the realm corroborates the
same point:

"If any duke, marquis, or any other of the degrees of a baron, or
above, lord of the Parliament, be appeached of treason, or any other
capital crime, he is judged by his peers and equals; that is, the
yeomanry doth not go upon him, but an inquest of the Lords of
Parliament, and they give their voice not one for all, but each
severally as they do in Parliament, being (beginning) at the youngest
lord. 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.]

[Footnote 56: "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 seve