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fity: And our desire that such as London's Mayor and Recorder, doc. may not by their Actions sow a jealousy among the Fre.born People of England, that it's the intent of our Supruine Magistrates to holt up that common Maxim of all oppresling States, That their Interest is to maintain the Publick wealth, and the Particular poor.
Therefore permit not these Persons in their Courts to create the Precedents of Oppression to enllave our Pofterit in future times : to that end hath this been made publick
, that the Supreme Magistrate and Legislators of this Nation, for the Dignity and Honour of their Rule and Government, and for the safety of the free-born People of this Land, no only take care to purge the Benches of Justice from that Par: tiality and Corruption, which hath usurp'd those Places c: great Trust, and punish the Offenders who have been guilty of such enormous Crimes with condign Punishment, answerable to their respective Offences and horrid Oppreffion; also command the keeping, observing, and executing in al their Courts the known, written, promnlg'd, antient, and fundamental Laws of this Land: And that they may, as the ħave often avow'd, maintain the Liberties of the Freebor People of England, in assuring to them, that Salus Populi eft prema Lex. Can it be reasonably thought, that the Impunity these that have been so faithless to their Oaths and Trut, repos’d in them, shall ever be serviceable to this State c. Magistrates under whom they a&t? No, they'll rather tak: courage to betray them, when they find the first opportunity Therefore like our old Proverb, Tho we love the Treason, ty hate the Traitor : So it hath been the prudence of the wiseft an best-governd States, Never to pardon any man for a nitaris Crime committed against the Commonwealth, for any good Seri before done to it, To which Clement Edmonds, upon Cæfar's Comentaries, well agrees, fol. 174. It more importeth a Com mealth to punish an iù Member, than to reward a good A&. So t'. State or Coinmonwealth that will keep it self in good ork and free from ruin, muft cherish Impeachments and Accul. tions of the People against those that thro Ambition, A3 rice, Pride, Cruelty, or Oppreffion, seek to destroy the L berty and Property of the People ; so fhall they keep th. State free from Envy, and secure from Supplantation. A the Free-born People of this Nation being thus prefer. and secur'd against Tyranny and Oppreshon, will never fe after other Liberty, but rejoice under their own Governor For as it never turn’d to any State's advantage to gain : People's Hatred, so it's the moft ftable lafting Government
under which the People rejoice and live cheerfully; according to that Maxim of Camiúns the Roman, Firmiffimum Imperium quo obedientes gaxdekt.
An' APP'EN D'Ix, by way of Dialogue, in
a Plain and Friendly. Discourse between a Student in the Laws and Liberties of England, and a true Citizens of London: Whereby is few'd, That a Jury of twelve. Men are the only proper Fudges of their Neighbours Actions, and may by the establisb’d Laws of England give a Verdict of such Facts, according to their Consciences, 1. without incurring Fine andi Imprisonment, &c.
Student. Hither are you hafting, out fo fast this morn WH
ing, my Friend? Cit. Truly, about some earnest Business, that will not admit of delay.
Stud. I know you to be a Man of business, but in my ap-> prehension you seem more than usually in hafte, now I am come to give you a villt.
Cit. I acknowledg your kindness, and since you are so = opportunely come, I would request your Advice in what I ani going about.
Stud. Y ea, moft freely: But what's the Cafe?
Cit. I am fummond to appear to morrow, as a Juryman, at the Old Baily, but would willingly get my self excus’d, and was but now going out to one of the Sheriffs, my old Ac
quaintance, to intreat his Favour, to do me that kindness; ! but it's probable you know a nearei' way to effect such a matter, and may direct me.
sud. 'It's very like, did it much concern you, I might get your discharge : But why should not you rather serve your Country in these publick concerns ? If all men were of your mind, how should Right be done in Courts of Justice?
Cit. There's many others that are better skill'd in such matters, who are more fit to perform that Office; as for my part, I have ever so loved Peace that I have forborn going to Law, tho it has been much to my loss. Сс 2
Stud. That's no Excuse; for the more peaceable man you have been, the more fit you are for such Services. The Office of a Jury-man is conscientiously to judg his Neighbour, who needs no more Law than is easily learned to direct him therein.
Cit. I should willingly appear according to this Summon, but that the Mayor's and Recorder's carriage to Juries was such the last Seffions, that I question whether I could undergo so much hardship, and not endanger my Life; fo I find that all my Neighbours, as well as I, are endeavouring to get themselves excusd.
Stud. Then it's a Reftraint from your Trade that deters Git. No truly, that's not all; but to be kept without Meat and Drink two days and nights together, and not to be allow'd the privilege of Nature's casement, and after all, to be caft into Newgate, is hard service.
Stud. I must confess this was very hard, yet it fhould not deter you from doing your Duty : and if thote Jurors suffer'd unjuftly (which I question not) their Service was the easier to them,
Cit. I am of opinion they were unjustly dealt withal; many of them I know, who had the Repure of Honefty, especially those four, who yet lie in Durance : but I may suffer by reason of my Ignorance of the Duty and Office of a Jury-man ; therefore on that account principally I desire to be excus'd my appearance, which if I understood as well as many do, with all my heart I would do my service,
Stud. Now you speak honeftly like an English-man; and in case that be all your cause of fcruple, it may soon be removd if you will take my Advice.
cit. Yes, with all my heart: Then pray let me have your Answer to fome Questions, which often of late I have had upon my thoughts to propound to you, or some Practitioner of the Law, that would be plain 'with me.
Stud. 'Offer what you think meet, and I will endeavour to give you that Satisfaction you desire. Cit. Since Jurors are thus,
of late menaced, threatned, fined, and imprison'd by our Recorder at the Old Baily; pray
ein lies their Privilege and Safety? What say the Fundamental Laws of England to such Practices ?
Stud. The Jurors Privileges, and every English-man's by them, as they are very confiderable, so the Laws have very well guarded them against Usurpation, as I shall thew you.
Cit. But pray first let me know their Antiquity. I have heard it said, That Tryals by Juries have been of long standing in this Nation,
Stud. Their Antiquity no one knows, but all Authors agree that they have been very antient.
Coke, the Oracle of our English
) Laws, writes, That long Co. 1 Inft.155. before the Conqueft it was order'd, that in every Century there should be twelve good and honeft men to judg, doc. And Camden in his Britannia correcteth Polidore Virgil, for saying William the Conqueror firft brought in this way of Tryal; affirming that it was most certain and apparent by the Laws of Ethelared, that such Tryals were in use many years before: Which Horn in his Mirror of Justice, written in the time of E. 1. doth well confirm and assure us.
Cit. But what say the Law-Books of later date, and our Predeceffors in later years about them?
Stud. When the great Charter of our English Liberties, in the oth year of H. 3. was made, and put under the Great Seal of England, then were these Tryals by Juries confirm'd down to us; and therein it was fta- 9H. 3. 14.29. blish’d, That no Amércements Mould be afsess’d upon any man, but by the Oaths of good and lawful Men of the Vicinage : And also that no Freeman of England should be imprison in his Person, or deftroy'd in his Estate and Liberties, without the lawful Judgment of his Equals. Which Charter has been confirm’d by thirty two Parliaments, and now ftands firin to justify and Co. 2 Inft. 41. maintain the Freedom of this sort of Tryals, which Coke calls the Subjects Birthright; and which I must say is the only Preserver of our Lives, Freedom and Property; as you may read in the Book of the Tryal of W. P. and w.m laft Sessions,
Cit. I am very well satisfy'd in this point; but pray, what says the Law about menacing, threatning, fining and imprio soning of Jurors, as before I mention'd to you?
Stud. As to the menacing and threatning Language which that Bench gave the Jurors, it only evidenced and manifested to the world their Envy and Malice against the Prisoners that the Jury had in charge, and so may be said also of their fining and imprisoning of the Jury afterwards.
Cit. Hath a Court then no power by the Law to fine and imprifon a Jury?
Stud. We find in our Law-Books, or Books of Cafes, that Jurors have been fined by a Court, for these following matters.
1. If a Jury-man take mony (from the Party 39 Al. 19. to be try'd) before or after he be sworn. Fitz. Exam.
2. If they receive any Writings from the 17.14H.7.30. Persons they have in tryal.
3: If a Jury-man appear, and then depart 36 H. 6. 27. per before he be sworn, it is a contempt of the Cur.C.B. do B.R. Court.
4. If a Juror, after he shall be sworn, de34 E. 3. Fitz.Of- part from his Fellows before they deliver in fice de Court 12. their Verdict. 40 AT pl. 1o. 5. If Eleven Jurors shall give in their Ver.
dict without, or against the Consent of the
Twelfth. Dyer 37.b. 218.
6. If a Jury eat or drink after they are gone a. b. Old Entries from the Bar, and before they bring in their · 251.
Verdict (This, I suppose, is meant where the
Court will accept of the Verdict, when the Jurors tender it.) And for such like Misdemeanors as these, they have been Fined and Imprisoned, but how warrantable, is a Query.
Cit. As for these Miscarriages you have instanc’d, it seems reasonable they should be punilh', which no honeft Man will be found guilty of; neither do I fear to suffer for such like Misdemeanors. But what say you to the Fining a Jury fo: giving in a Verdict according to their Consciences, yet pre tended by the Court to be contrary to Evidence ?
Stud. To Fine them at all is an Abuse, tho it has been long practised; but to Fine them for giving their Verdict accord ing to their Conscience, fuch Practices are very much againf
Law and Reason too: For a Jury of twelve Me: €0.4. Inft.84. are by the Laws the only proper Judges of mat
ter in issue before them: As for instance, First, That Evidence which is deliver'd to induce a Jury to believe, or not to believe the Matter of Fact in issue, is · call’d Evidence, because the Jury may out of many. Matters of Fact (videre veritatem) that is, se- clearly the Truth, of which they are proper Judges.
Secondly, when any Matter is sworn, Deed read, or offerd, whether it shall be believ'd, or not; or whether it be true or falfe in point of Fact, the Jurors are the proper Judges. :
Thirdly, whether such Men met together intentionally to · do such an act or not, the Jurors are Judges; for the Court is not judg of these Matters, which are Evidence to prove pr disprov the thing in iffue.
cit. What tien is the Court to take cognizance of in the Tryals of mens Liberties and Properties?
Stud. The Court, as their Duty is, are to do equal Justice and Right ; so they in such Tryals do direct, whether such Matter shall be adınitted to be given in Evidence, or not; such Writing read, or not; of such a Man to be admitted a Wit