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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	king_n	write_v	year_n	5,160	5	4.8919	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43105	The English-mans right a dialogue between a barrister at law and a jury-man : plainly setting forth, I. the antiquity of juries : II. the excellent designed use of juries : III. the office and just priviledges of juries, by the law of England.	Hawles, John, Sir, 1645-1716.	1680 (1680)	Wing H1185; ESTC R14849	29,854	42

Ethelreds Laws In singulis Centuriis c. In every Hundred let there be a Court and let Twelve ancient Free-men together with the Lord or rather according to the Saxon the Greve i. e. the chief Officer amongst them be sworn That they will not condemn any person that is Innocent nor acquit any one that is guilty 3. When the Normans came in William though commonly called the Conquerour Continued by the Normans See Spelmans Glossar in the word Jurata was so far from abrogating this Priviledg of Juries That in the 4th year of his Reign he confirmed all King Edward the Confessors Laws and the ancient Customs of the Kingdom whereof this was an essential and most material part Nay he made use of a Jury chosen in every County to report and certifie on their Oaths what those Laws and Customs were as appears in the Proem of such his Confirmation 4. Confirmed by Magna Charta Afterwards when the Great Charter commonly called Magna Charta which is nothing else than a recital confirmation and corroboration of our Ancient English Liberties was made and put under the Great Seal of England in the 9th year of King Henry the 3d which was Anno Domini 1225. Then was this Priviledg of Tryals by Juries in an especial manner confirmed and establisht as in the 14th Chapter That no Amercements shall be assessed but by the Oath of good and honest men of the Vicinage And more fully in that Gold on Nine and twentieth Chapter No Freeman shall be taken or imprisoned nor be disseized of his Freehold or Liberties or free customs or be out-law'd or exil'd or any other way destroyed nor shall we pass upon him or condemn him but by the lawful judgment of his Peers c. Which Grand Charter having been confirmed by above thirty Acts of Parliament the said right of Juties thereby and by constant usage and common custom of England which is the common Law is brought down to us as our-undoubted Birth-right and the best inheritance of every English man For as that famous Lawyer Chief Justice Cook in the words of Cicero excellently avers 2. Institutes fol. 56. Major Hereditas venit unicuique nostrum a jure legibus quam a parentibus 'T is a greater inheritance and more to be valued which we derive from the fundamental constitution and Laws of our Country than that which comes to us from our respective Parents For without the former we have no claim to the latter J. But has this method of Trial never been attempted to be invaded or justled out of practice B. 'T is but rarely that any have arrived to so great a confidence Essays made to overthrow Trials by Juries always unsuccessful and severely punisht For 't is a most dangerous thing to shake or alter any of the rules or fundamental points of the common Law which in truth are the main pillars and supporters of the fabrick of the Commonwealth These are Judg Cooks words ⋆ 2. Institutes pag. 74. Yet sometimes it has been endeavoured But so sacred and valuable was the Institution in the eyes of our Ancestors and so tenacious were they of their Priviledges and zealous to maintain and preserve such a vital part of their Birth-right and Freedom that no such attempts could ever prove effectual but always ended with the shame and severe punishment of the rash undertakers For example 1. Andrew Horn an eminent Lawyer in his Book Entituled The Mirrour of Justices written in the Reign of K. Edw. 1. now near 400 years ago in the fifth Chapter and first Section records That the renowned Saxon King Alfred caused four and forty Justices to be hang'd in one year as murtherers for their false Judgments And there recites their particular Crimes most of them being in one kind or other Infringements Violations and Encroachments of and upon the Rights and Priviledges of Juries amongst the rest that worthy Author tells us he hanged one Justice Cadwine because he judged one Hackwy to death without the consent of all the Jurors for whereas he stood upon his Jury of twelve men because three of them would have saved him this Cadwine removed those three and put others in their room on the Jury against the said Hackwy 's consent Where we may observe that though at last twelve men did give a Verdict against him yet those so put upon him were not accounted his Jurors by reason all or any of them who were first sworn to try him could not by Law be removed and others put in their stead And that such illegal alteration was then adjudged a Capital Crime and forthwith the said Cadwine was Hang'd 2. A second instance I shall give you in the words of the Lord Chief Justice Cook Against this ancient and fundamental Law and in the face thereof there was in the 11. year of King Henry 7. Cook 2. part of Institutes fol. 51. cap. 3. an Act of Parliament obtained on fair pretences and a specious preamble as to avoid divers-mischiefs c whereby it was Ordain'd That from thenceforth as well Justices Assize as Justices of the Peace upon a bare Information for the King before them made without any finding or presentment by the Verdict of Twelve men should have full power and authority by their discretions to hear and determine all offences and contemts committed or done by any person or persons against the Form Ordinance or effect of any statute made and not repealed c. By colour of which Act saith Cook shaking this Fundamental Law he means touching all Trials to be by Juries it is not credible what HORRIBLE OPPRESSIONS and EXACTIONS to the undoing of MULTITUDES of people were committed by Sir Richard Enipson Knight and Edmund Dudley Esq being Justices of the Peace throughout England and upon this unjust and injurious Act as commonly in like cases it falleth out a new Office was erected and they made Masters of the Kings Forfeitures But not only this Statute was justly soon after the decease of Hen. 7. repealed by the Statute of the 1 Hen. 8. cap. 6. but also the said Empson and Dudley notwithstanding they had such an Act to back them yet it being against Magna Charta and consequently void were fairly executed for their pains and several of their under agents See Sir Rich. Bakers Chron. p. 273. as Promoters Informers and the like severely punisht for a warning to all others that shall dare on any pretence whatsoever infringe our English Liberties For so the Lord ⋆ 4 part Instit fol. 41. Cook having elsewhere with detestation mentioned their story pathetically concludes Qui eorum vestigiis insistant exitus perhorrescant Let all those who shall presume to tread their steps tremble at their dreadful end Other Instances of a latter date might be given but I suppose these may suffice J. Yes surely The benefits of being tried by Juries and by what you have discoursed of the

the Protestant Religion in a Sermon preached before the most excellent King Edward the sixth delivered these words I must desire your Grace to hear Poor Mens Suits your self the Saying is now See Latimers Sermons fo 41. the second Sermon before King Edward the sixth That Money is heard every where if he be Rich he shall soon have an end of his Matter others are fain to go home with weeping Tears for any help they can obtain at any Judges Hand Hear Mens Suits your self I require you in Gods behalf and put them not to the Hearing of these Velvet-Coats these Up●skips Amongst all others one especially moved at this time to speak This it is Sir A Gentlewoman came and told me that a Great Man keepeth certain Lands of hers from her and will be her Tenant in spight of her Teeth And that in a whole Twelve-month she could not get but one day for the Hearing of her Matter and the same day when it should be heard the Great Man brought on his side a great sight of Lawyers for his Counsel the Gentlewoman had but one Man of Law and the Great Man shakes him so that he cannot tell what to do so that when the Matter came to the Point the Judge was a means to the Gentlewoman that she should let the Great Man have a quietness in her Land I beseech your Grace that ye youl l look to these Matters And you proud Judges Hearken what God saith in his Holy Book Audite illos ita parvum ut magnum Hear them saith he the Small as well as the Great the Poor as well as the Rich regard no Person fear no man And why Quia Domini Judicium est The Judgment is Gods Mark this Saying thou Proud Judge The Devil will bring this Sentence against thee at the Day of Doom Hell will be full of these Judges if they repent not and amend they are worse than the wicked Judge that Christ speaketh of Luke the 19th that neither feared God nor the World Our Judges are worse than this Judge was for they will neither hear Men for God's sake nor fear of the World nor Importunateness nor any thing else Prison yea some of them will command them to ⋆ ward if they be importunate I heard say That when a Suiter came to one of them he said What fellow is it that giveth these folks counsel to be so importunate he deserves to be Punished and Committed to ward Marry sir punish me then It is even I that gave them Counsel I would gladly be punished in such a Cause and if you amend not I will cause them to cry out upon you still even as long as I live These are the very words of that good Bishop and Martyr Father Latimer Jurym. Truly they are somewhat Bold but I think very Honest ones But what signify they to our discourse Barr. Only this suppose the Judges of those times thinking themselves agrieved by such his Freedom should have brought an Indictment against him setting forth that falsly and maliciously intending to scandalize the Government and the Administration of Justice in this Realm and to bring the same into Contempt he did speak publish and declare the false and scandalous words before recited Jurym. I conceive the Judges had more Wit than to trouble themselves about such a Business Barr. That 's nothing to the purpose but suppose I say by them or any body else it had been done and his speaking the words had been proved and you had then been Living and one of the Jury Jurym. I would have pronounced him not Guilty and been starv'd to Death before I would have consented to a contrary Verdict Because the words in themselves are not Criminal nor reflecting upon any particulars and as for what is supposed to be laid in the Indictment or Information that they were published or spoken to scandalize the Government and the Administration of Justice or to bring the same into Contempt nothing of that appears Barr. You resolve as every Honest Understanding Conscientious man would do in the like Case for when a man is Prosecuted for that which in it self is no Crime how dreadfully soever it may be set out as the Inquisitors in Spain use to Cloath Innocent Protestants whom they Censure to the flames with Sambenito's Garments all over bepainted with Devils that the people beholding them in so Hellish a dress may be so far from pitying them that they may rather Condemn them in their thoughts as Miscreants not worthy to Live though in truth they know nothing of their Cause yet I say notwithstanding any such Bugg-bear Artifice an Innocent man ought to be Acquitted and not he and all his Family ruined and perhaps utterly undone for words or matters harmless in themselves and possibly very well intended but only rendred Criminal by being thus hideously dressed up and wrested with some far-fetch'd forced and odious Construction Jurym. This is a matter well worthy the Consideration of all Juries for indeed I have often wondred to observe the Adverbs in Declarations Indictments and Informations in some Cases to be harmless Vinegar and Pepper and in others Henbane steep'd in Aqua fortis Barr. That may easily happen where the Jury does not distinguish Legal Implications from such as Constitute or materially Aggravate the Crime for if the Jury shall honestly refuse to find the latter in Cases where there is not direct proof of them viz. That such an Act was done Falsly Scandalously Maliciously with an intent to raise Sedition defame the Government or the like their mouths are not to be stopt nor their Consciences satisfied with the Courts telling them you have nothing to do with that its only matter of Form or matter of Law you are only to examine the Fact whether he spoke such words writ or sold such a Book or the like For now if they should ignorantly take this for an Answer and bring in the Prisoner Guilty though they mean and intend of the naked Fact or bare Act only yet the Clerk Recording it demands a further Confirmation saying to them thus well then you say A. B. is Guilty of the Trespass or Misdemeanour in manner and form a he stands Indicted and so you say all to which the Foreman Answers for himself and his fellows Yes Whereupon the Verdict is drawn up Juratores super Sacramentum suum dicunt c. The Jurors do say upon their Oaths that A. B. maliciously in Contempt of the King and the Government with an intent to scandalize the Administration of Justice and to bring the same into Contempt or to raise Sedition c. As the words before were laid spake such Words publisht such a Book or did such an Act against the Peace of our Lord the King his Crown and Dignity Thus a Verdict so called in Law quasi veritatis because it ought to be the Voice or Saying of Truth it self Dictum may become composed in its material