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A87639 Jurors judges of law and fact or, certain observations of certain differences in points of law between a certain reverend judg, called Andr. Horn, and an uncertain author of a certain paper, printed by one Francis Neale this year 1650. styled, A letter of due censure and redargution to Lievt. Col. John Lilburn, touching his tryall at Guild-Hall, London in Octob. 1649. subscribed H.P. Written by John Jones, gent. Not for any vindication of Mr. Lilburn against any injury which the said author doth him, who can best vindicate himself by due cours of law; if not rather leav it to God whose right is to revenge the wrongs of his servants. Nor of my self, but of what I have written much contrary to the tenents of this letter; and for the confirmation of the free people of England, that regard their libertie, propertie, and birthright, to beleev and stand to the truth that I have written, so far as they shall finde it ratified by the lawes of God and this land; and to beware of flatterers that endevor to seduce them under colour of good counsel, to betray their freedoms to perpetual slavery. Jones, John, of Neyath, Brecon. 1650 (1650) Wing J970; Thomason E1414_2; ESTC R209436 24,554 117

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desire them to put out of their assembly al mercenarie professors of Law that poison their Counsell no less then their predecessors did the King making them to do the same things which they condemned in him to the more grief of the People that were promised Reformation and are paid in more and wors deformation of their Laws and Liberties then they were before witness amongst manie more abuses the Fen Project of Lincolnshire c. condemned in the late King yet supported by more Malignant Royalists then in respect of Justice he himself could be any who are Judges Parties and partners of the prey made by themselvs of other mens Rights of whose service and affections both Parliament and Army have had no less experience then of their defects and delinquencies And move his Excellencie to desire the House further to command the keepers of the great Seal to issue forthwith Commissions of Oyer and Terminer as by Law they ought to all parties grieved that shall demand them directed to such Commissioners as the grieved parties shall nominat to enquire hear and determine the extortions oppressions and misdemeanors of Sheriffs under Sheriffs Gaolers and other Officers subject to popular offence And lastly to desire the said House to pass an Act for the setling of the Law hereafter in that plainness shortness and cheapness as hath been often desired in divers Petitions of Londoners and others and by my last Letter to his Excellencie bearing date about the beginning of this Month according to the propositions of 12 heads of Law there inclosed which I understand in Scotland were delivered to his Excellencies hands So God himself shall bless you and your Actions and the people present and future and even your selvs and your Children have cause to rejoice in your work and be thankfull to God and your industrie for so great a favor So shall Your Faithfull servant John Jones From my Lodging at Mr. Mundays hous in Clarkenwel this 29. of July 1650. JURORS JUDGES OF Law and Fact SIR HAving casually met with and perused your printed paper styled A Letter of due Censure and Redargution to Lieutenant Collone John Lilburne touching his Triall at Guild-Hall London in October last 1649. I could not chuse but take hold of your first Lines wherein you say God's strict Injunction obliges us all to reprove sin wheresoever we finde it And thereupon I must tell you that whatsoever you finde in Mr. Lilburne I can finde in you no less then sin against God whose name you abominably abuse to reprove truth and call good evill and evill good against Mr. Lilburne whom you make but your Instrument to play upon while you wound others through his sides yea even those most whom you flatter most Against the true and Ordinarie Judges of the Land the Jurors whose verdict is the effectual Judgement whereby all men are judged by their Peers aswell for their Lives as Lands without which Judgements the Law of England cannot be Lawfullie executed And generally against all the Free People of this Common-wealth whom you endeavour to blinde and enslave by your sophistrie unto usurped Authorities perswading as much as in you lyeth all your Countrie-men to submit and give away their Lives their birthrights Liberties and Freedoms for the preservation whereof all their just Laws and Civill Wars and especially this last were made to the insatiable Tyrannie of their incroaching Impostors as shall appear following viz. Page 3d of your Letter or rather Libell in the second head of those things for which you say Mr. Lilburne is liable to reproof you tell him he laid hold of divers shifting Cavills and shufling exceptions in Law which were onely fit to wast time and procure trouble to the Court Sir if Law alloweth Exceptions called delatories and lawfull Traverses as well in Pleas for Land as for Life as you may finde it doth and ought in Mr. Hornes Book called the Mirror of Justice written by him in French in Edward the First his time as you may observe in the Margent of the 6th page thereof and excellently translated into English lately by William Heughes Esquire a discreet and learned Lawyer living in Grayes Inn of which kinde of Exceptions some be Pleas for Actions and Appeales the Presidents whereof are briefly and diversly according to the diversity of their causes natures and uses demonstrated unto you in the said Book from p. 129. to p. 143. and thence to 146. are Exceptions or Pleas to Indictments the summary reason of all which is not as you call it to waste time and to procure trouble to Courts but to bestow time as it can be no better bestowed especially in Cases of life then to search out the truth of every Cause that mens lives be not rashly lost which cannot be recovered if condemned and executed how be it wrongfully or carelesly so that to be carefull circumspect and well advised in a Court is not to trouble it for it is its duty to be exercised as it is significantlie derived à Curando that is a Court of Care or Cure Indifferentlie either or rather both as it is Ordained Care to be troubled to hear and determine the Cares and troubles of all men within its verge for Controversies of Law that vex trouble an whole hundred of Friends and neighbours to see but two of them undoe themselves in suits at Law or kill one another with Care to examin them truly and to Judge them justly And likewise to cure the Malladie of the Consciences or at least the intemperance of the Litigious spirits of Plaintiffs and Defendants by ending their differences as may be most available for their Peace and the Common-wealth And as it is the duty of a Court to be troubled to end troubles so saith Mr. Horne p. 58. not to accuse any for matters of Crime and Life though a known offender learning of Christ in the Case of Magdalen Nor to countenance Bloody Accusers but to mollifie their Rigour as Christ did in the same Case for Judges that represent God and should imitate his mercy as well as his Justice ought not to desire the death of a sinner but rather that he may return from his wickedness and live and Conveniens homini est hominem servare voluptas Et meliùs nullà quaeritur Arte favor Nothing more Convenient for Man or acceptable to God then to save Penitents whom he came not to destroy but to call to Repentance Nor is it the part of a Judge as in p. 66. of my said Author to condemn one for the same or the like offence as the Judge knoweth himself guilty of And therefore Exceptions are lawfull to the Power of a Judge as in p. 133. to his person as in p. 135. and to his condition as in p. 59. And those that are granted to be lawfull to be propounded against his Power p. 133. are the same in substance which you say Mr. Lilburne made use of yet call them