The justices must inform the man under suspicion that he may remove from the jury all those whom he holds suspect for some sufficient reason.
[002] Therefore, when proceedings of this kind have reached the point of an inquest, in [003] order that judgment may be reached with greater certainty and risks and doubts [004] removed, let the justice inform the indicted man that if he suspects any of the [005] twelve jurors he may remove him for just cause, and let the same be said of the [006] [jurors of] the vills, as where there are deadly enmities between some of them and [007] the indicted man, or there is a greedy desire to get his land, as was said above; if [008] there is ground for suspicion all are to be removed, that the inquiry may proceed [009] free of all doubts.
That the
[jurors of the] townships shall take an oath individually or all together, with hands raised. [011] When the twelve jurors and the [jurors of] the four townships are present, those [012] of the vills will take an oath first, each by himself or all together; lifting up their [013] hands let them swear in these words:
The form of the oath is this:
[015] ‘Hear this, ye justices, that we will speak the truth about what is asked of us on [016] the king's behalf, nor will we for any reason fail to tell the truth, so help us God etc.’
The words to be pronounced by the justices after the oath taken.
[018] Then let one of the said justices speak in this way: ‘Such a one, who is here present, [019] charged with the death of such a one (or some other crime) comes and denies the [020] death and everything else and on this matter puts himself for good and ill upon the [021] words of your mouth. (Or perhaps he will say ‘concerning this and other crimes,’ if [022] he is suspected of others, and it matters considerably whether he puts himself upon [023] the jury in this way or that, because the subsequent condemnation or discharge [024] differs accordingly). And therefore we tell you that on the faith that binds you to [025] God and by the oath that you have taken you are to let us know the truth thereof, [026] nor are you to fail in saying whether or not he is guilty of what is alleged against [027] him (or of the other crimes) through fear or love or hate but with God only before [028] your eyes, nor are you to oppress him if he be innocent of the said offence’. His [029] discharge or condemnation will then follow, according to their verdict.
The general form to be observed in taking oaths before the justices.
[031] In all inquests which are to be made for homicide the justices will in general observe [032] this form of inquest by the country, when one has put himself upon an inquest, [033] voluntarily, motivated by caution or of necessity. In all crimes, major and minor, [034] the justices,
Volume 2, Page 405
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