Cause or Suit upon which they have been impannelled retorned and sworn have sometimes found contrary to their evidence against the other party or parties therein who hath been of another Quality Condition Science Profession Art Mystery or calling which or the professors thereof they have hated or envyed and at other time have given excessive or too much damages against such party or parties in such Action Cause or suite whom or such his Quality Condition Science Art Mystery or Calling they have so hated and envyed It is proposed to be desired that it may Be Enacted That hereafter no Sheriff shall return or impannell any man to be upon any Jury to try any Cause Action or Suit or to make any inquiry concerning the same being of the value of or by the same demanded 40 shillings or above unlesse such man shall be commonly reputed by his neighbours to have an estate in Lands or Tenements Goods or Chattalls over and above all charges issues and reprises and besides sufficient to pay or satisfie all his Debts to the value of 40l to be sold or above for every 40 shillings of such value or so to be demanded and according to the same value shall be taxed or assessed to or for the relief of the poor and other parish taxations in the parish where he shall be inhabiting or dwelling and be a free denizen of this Nation And that if any man suspected by any plaintif or plaintifs defendant or defendants demandant or demandants tenant or tenants to be otherwise shall be retorned or impannelled upon for or concerning any such cause so to be tryed or inquired of that then at the request and challenge of any of such plaintif or plaintifs defendant or defendants demandant or demandants tenant or tenants Oath by him her or them or any person of such credit or so commonly accounted made to the contrary of such repute the Judg or Judges Justiciar or Justiciars Sheriff or Sheriffs Mayor or Mayors Steward or Stewards or other Officer or Officers who shall try such Cause or take such Inquest or before whom such Cause shall be tryed or Inquest taken shall put every such person so Retorned or impannelled to be a Jury-man so suspected upon or to his Oath before such person shall be sworn to try such Cause or so to inquire whether or not he then have such an estate to or of such value over and above all charges issues and reprises sufficient to pay or satisfie all his debts besides and that if the same person to be a Juror shall not depose upon his Oath that he then have such an estate then such person shall not be sworn upon for or concerning such triall or Inquest but shall be rejected and another having such Estate or not excepted against in that behalf shall be sworn so to try or inquire in his place and stead And that such Judge or Judges Justiciar or Justiciars Justice or Justices Sheriff or Sheriffs Mayor or Mayors be impowered authorised and compelled to administer and take such Oath being ready drawn and tendred to them in writing without taking any thing for the same directly or indirectly And that every such man so to be retorned or impannelled or make Oath and depose false shall be subject and liable to all the paines and penalties enacted and provided in and by the Lawes and Statutes of this Nation against perjured persons And that if any the men Retorned or impannelled and sworn of or upon any Jury or Inquest in or concerning any Action Cause or Suit after they have heard or shall hear their Evidence concerning the same and their charge given to them or taken concerning the same and shall depart from the Bar where or from him or them before whom having authority in that behalf they received or shall receive the same and stay by the space of 4 hours then next after before they do or shall retorn thither or before him or them before whom they so received or took or shall receive or take the same Evidence that then every of such Jury or Inquest men shall have one little white ball and another black delivered unto him and that when the major or greater part of the men of such Jury or Inquest be or shall be agreed to give in their Verdict or Inquest found or to be found concerning the same then every of them who shall finde or give their Verdict or Inquest for such plaintif or plaintifs demandant or demandants in such Cause Action or Suit shall and may deliver and put a white ball wrapped in a note or peice of paper with his name therein written and such black ball without any thing about the same into a box or bagge privately to be kept for that purpose by him or them before whom such Verdict or Inquest be or shall be to be given or delivered up or to his or their Deputy or Deputies and that every of them who shall finde or give their Verdict or Inquest for such defendant or defendants tenant or tenants in the same Cause Action or Suit shall and may deliver and put such black ball so wrapped in a piece of paper with his name therein written and such white ball without any thing about the same into such box or bag so to be kept And that every of such of him or them before whom such Verdict or Inquest is or shall be to be given or delivered up be impowered and compelled to keep such note secret and not suffer or permit any to see or know the contents of the same neither shall any of such Jurors reveal to any other what note he shall so deliver till after an attaint brought against such Jurors or Inquest men or years past after such Verdict be or shall be delivered up but onely such Judge or Judges Justiciar or Justiciars Justice or Justices Sheriff or Sheriffs Mayor or Mayors before or to whom such Balls be or shall be delivered shall declare and pronounce for which party in such Action Cause or Suit most of such notes or pieces of paper were so delivered or put into such Box or Bag And then Judgement or Judgements or other proceedings shall be given and goe and be for him or them for whom most of such notes or papers shall be so delivered or put and stand be good and available in Law to all intents and purposes untill the same be or shall be stayed by matter to be moved in arrest of Judgement before the same shall be entred or after reversed by writ of Errour or Attaint And that if such Jurors be agreed the one half of them to finde for the one party or parties in such Action Cause or Suit and the other half of those Jurors for the other party or parties in or to such Action Cause or Suit when such Balls shall be delivered unto them all they shall declare and make known the same to the party or parties whoso do or shall deliver such Balls and
that then such Judge or Judges Justiciar or Justiciars Sheriff or Sheriffs Mayor or Mayors Steward or Stewards or such other chief or head Officer or Officers shall and may and be authorized to swear one or three of such qualified persons for Jury-men who stood or shall stand by or about and in the hearing when such evidence was or shall be given to such former Jury-men to try such Issue or make such Inquiry and deliver unto every of them two such white and black balls and send those one or three to the former twelve Jury-men and that those one or three be impowered and shall goe to or be sent back with the same twelve and shall conferre with those twelve about finding and giving their Verdict or Inquest to be given or found for or concerning such Issue or Inquiry and after staying with the said twelve by the space of an hour or lesse shall with them return to the said chief or head Officer or Officers and with them deliver their Balls as before is mentioned and that then such Judgement or Judgements or proceedings thereupon shall be as before is mentioned and expressed And that any one against whom any Judgement or proceedings shall be after or upon such Verdict or Inquest may bring his attaint within one year next after such Judgement or after proceedings for the same to be tryed or inquired of again by 24 other Jury men qualified as aforesaid in the same County City Burrough or Town as the same were upon the same evidence given against and for reversall of the same or for altering of the same in giving or finding greater or lesser damages concerning the same and that such 24 to be chosen out of 48 of such qualified persons if they shall find that the said Jury of the first inquest have made or shall make a false Oath or give or finde a false Verdict or Inquest in or concerning any such Action Cause or Suit shall and may reverse or alter the same or give or finde greater or lesser damages concerning the same or otherwise to confirme the said first Verdict or Inquest and that the party or patties making such Election and bring such Writ of attaint be bound up by it and shall have no other attaint concerning the same matter That none of any Jurymen hereafter shall be subject or liable to any pain or penalty upon or by any Attaint or Writ of Attaint other onely then such who shall be found to be the guilty persons by or for delivering in the greater part of such notes or pieces of paper if the matter shall be found against them but that those who shall deliver in the lesser part of such notes or pieces of paper as soon as they shall obtain a certificate recorded in parchment from him or them before whom such Verdict or Inquest be or shall be taken and shall deliver the same into the Court where such Writ of Attaint shall be returnable shall from thence be quit of the same and goe without day there And that in every County City and Town within this Nation using to have a Sheriff or Sheriffs for the same the Sheriff or Sheriffs thereof shall cause the names of the Free-holders and the men capable of being retorned to be Grand or other Jury-men of or for such his or their respective County City or Town to be written and a competent number thereof published in Print in his or their respective County City or Town and that he or they shall at a reasonable rate deliver one paper or book thereof to any who shall have a Cause there to be tryed And that the same may be done by Mayors Aldermen Burgesses Bayliffs and other head Officer or Officers of every City Burrough Town corporate Cinque port or other place where a Corporation or other Court is or shall be holden or kept and no Sheriff or Sheriffs for the same And that after issue joyned in any Action Cause or Suit in any Court the plaintif or plaintifs defendant or defendants demandant or demandants tenant or tenants in or to the same within two dayes next after he or his Attorney therein shall have notice thereof may giving notice thereof to the other party in the same Action Cause or Suit take exceptions in writing and deliver to such Sheriff or Sheriffs or such chief or head Officer or Officers against one third part of such Jury-men and that neither of the said parties his or their Attorny or Attornies or the said the Sheriff or Sheriffs or other such Officer or Officers shall let the other his her or their Attorny or Attornies willingly know of any of such to be Jurymen against whom he she or they doe or shall so except till such Sherif or Sherifs or other such Officer or Officers have returned or doe or shall return out of the residue of the said men so capable to be Jurors a fit and impartiall Jury according to his or their best endeavour or endeavours to try such Actions Cause or Suit And that such Sherif shall and may return 48 men for such Jury out of the remaining other third part onely if both such parties do or shall so except or only out of the one half of such of persons capable of being Jurymen if but one of such parties in such Action Cause or Suit do or shall so except unless both or one of them do or shall except against so many of the hundredors of the hundred Town Village or Parish where the Visne of the said Action Cause or Suit is or shall be laid that they shall not leave a sufficient number of such to be return'd Jurymen from thence that without some of them to be returned there must of necessity be a failer in their tryall of the issue joyned in such Action Cause or Suit And that then such Sherif or Sherifs or other such Officer or Officers may return some of those so excepted against to prevent such failing And that if both parties cannot agree that such Sherif or Sherifs or other Officer or Officers shall return or impannell 24 out of those 48 that then such Sherif or Sheriffs or other Officer or Officers shall and may name some or more whom neither of the said parties his her or their Attorny or Attornies doe or shall say that they or any of them doe or shall know to whom or one of them such Sherif or Sherifs or other Officer or Officers before he speak send any other to any such strange person or persons shall send such parties to such Action Cause or Suit if they will goe to such strange person or persons and that then immediately one of such person or persons shall set down in writing in the presents of such party or parties to such Action Cause or Suit his her or their Attorny or Attornies having notice thereof and doe attend such strange person or persons or of so many of them as doe or shall attend such strange person
Goal delivery of or for such County or other place before mentioned And that such Justices or Justiciars may select the one half of such severall and respective names for such severall and respective purposes and deliver to the Supreme Authority of this Nation or to such other or others as they do or will appoint or authorise to receive the same and that they may choose out of the same names so many for such respective imployment as they doe or shall think convenient in that behalf And that if any Jury-man shall accept receive or take any money reward or thing of any or promise of for or concerning the same of any person or persons for giving or to give or saying or to say or making or to make inquiry in of or concerning any Cause or Suit upon or touching which he shall be sworn to give his Verdict or make inquiry shall forfeit and loose to such party or parties against whom such Verdict or Inquest or more or lesse damage benefit or advantage be or shall be given or found the value of that which he or they should have had if the contrary had been found That if any Action Cause or Suit be or shall be hereafter tryed or inquired of between a Trades-man or Trades-men and another or others of another or others quality or qualities condition or conditions profession or professions calling or callings that then the writ or writs precept or precepts warrant or warrants shall be made granted given and go out only to summon or warn men to be of or upon the Jury between such party or parties none of them to be of any such qualities professions conditions callings or occupations of any such parties in or to such Actions Cause or Suit or the one half of those Jurymen to be not above but under one half part of the quality condition profession or calling of any such plaintif or plaintifs demandant or demandants defendant or defendants tenant or tenants in or concerning the same And that upon the same writ or writs precept or precepts warrant or warrants by the Officer or Officers to whom the same be or shall be directed shall be returned such persons for Jury-men of such severall and respective qualities professions conditions and callings and none other And that for doing or acting by any contrary or against any thing before mentioned the party or parties grieved or damnified or to be grieved or damnified thereby shall and may recover have and receive the paines penalties and forfeitures before herein mentioned in manner and form as is mentioned for and concerning the recovery having obtaining and receiving of the paines penalties and forfeitures mentioned in the former herein recited Propositions and Proposalls Provided That any of the Jurymen before mentioned which be or shall be capable of trying or making inquiry of or concerning any Action Cause or Suite of the value of or by which be or shall be demanded 50 l. or under may and shall be returned and impannelled for trying or inquiring and may try and make inquiry of or concerning any Action Cause or Suit of the value of or by which be or shall be demanded 1000 l. or under and the like to be done with and by the half of such Jurymen with another half of double such Estate of for or concerning any such Action Cause or Suit under the value of 2000 l. or 3000 l. and with another of treble such Estate of for or concerning any Action Cause or Suit whatsoever notwithstanding any thing before mentioned THE END
THE BRIBE-TAKERS OF JURY-MEN Partiall Dishonest and Ignorant DISCOVERED and ABOLISHED AND Honest Judicious Able and Impartiall RESTORED And their equall Election to Try Causes and Find Inquests Written proposed and tendred to the same intent and purpose as all the former Proposalls to and for the saving to the Honest people of this Nation the thirty hundred thousand pounds yearly are By WILLIAM LEACH of the Middle-Temple LONDON Printed by E. Cotes in the Year 1652. THE BRIBE-TAKERS OF JVRI-MEN c. THe Estates of Jury ' men in these modern times being far lesse in value according as now the prices and rates of Lands Cattell Chattals all manner of Victuall and other Commodities Wares and Merchandizes now are and in these latter times have been usually bought and sold for then they have been in antient times And whereas in these latter times and especially in inferiour Courts many not onely indigent but keepers of Alehouses and other places of Tipling and the meaner and worser sort of their Guests Associates and Adherents have by Sheriffs or by their Deputies Bayliffs Serjeants or other their inferiour Officers or Ministers been returned impannelled and sworn for the triall and inquiry upon of in and concerning divers Actions Causes and Suites some of very great and others of considerable value and by reason of the great influence or power which such Bayliffs Deputies Serjeants and other inferiour Officers and Ministers have had upon and over such Alemen and Tiplers they with such their Associates and Adherents have given and found Verdicts and Inquests in and concerning many such Actions Causes and Suits quite contrary to their Evidence which they have received from credible witnesses and against all truth reason and sense for the filthy lucre of such whom they have perceived or found that any of such Deputies Bayliffs Serjeants at Mace or other such inferour Officers or Ministers who have been their continuall Guests and Customers and wished them many such others have favoured or had in estimation And whereas by the Lawes and Statutes of this Nation as yet the Jurors who have found or shall finde lesse damages then they ought and have had evidence for and the Inquisitors or Jurors upon inquests have found quite contrary to that which according to the evidence which they have had given then they ought to have found and for divers other inconveniences and mischiefs which have too often happened to the honest people of this Nation by the machinations frauds negligence and ignorance of such Jurors and Inquisitors are not subject to any losse or penalty And whereas divers honest Jurymen being weak and sickly men of late years often times have been put to great extremity by crosse and froward men of the same Jury on which they have been impannelled who have unconscionably and unlawfully gained the major part of that Jury to be on their side against all sense right and reason and favoured one of the parties in the suit for the triall of which they have been impannelled and sworn which of late years hath been too frequent the same being seldome heard of in ancient times sometimes by keeping some of the most honest parties of them long fasting and in the cold whereby they have been much weakned and by kicking hunching nipping pinching and beating and sitting upon them and otherwise injuring others of them when they have been mewed up in the dark and sometimes in extreme cold weather without fire or other light or any other lodging then on the ground or boards such Jurors by the Lawes now being to be kept together and not to depart the one from the other not to eat or drink till all of them after they have heard and received their evidence and departed from the bar have agreed upon and given in or delivered up their Verdicts And whereas by the Lawes of this Nation the Jurors which have found or shall find lesse damage then they ought according to the evidence which hath been given them are subject to no attaint neither is any Statute or Act made or provided for any penalty against any Jurors or Inquisitors who upon any Writ of inquiry of damages or other inquest have found or shall find contrary to their evidence And for that now the Judgement against Jurors to be found guilty in attaint is extreme villanous and may as well fall upon the innocent which may be occasioned by the extremities before mentioned as on the guilty and the penalty of imbracery is but small and the offence very difficult to be discovered And whereas of late years there hath been much difficulty charge and trouble in procuring honest indifferent and able Jury-men to be returned and impannelled And whereas Jury-men of late years have too often for wicked lucre or illegall affection found and given Verdicts and Inquests against their Consciences and Evidences for such from whom they have had or expected gain ease or favour or have feared or envied And whereas in these latter times Sheriffs have been more carelesse and negligent in returning honest and able men for Grand Jury-men or the great Inquest then in former times they have been and for gain and favour have spared and forborne the returning or impannelling of Knights Esquires and Gentlememen and the better sort for that imployment which would have been much for their benefit and learning and brought them to a desire and love of Religion Honesty and Vertue and an abomination of debauchednesse and all other wickednesse and in to a delight to do good and exercise their talent for the good of themselves their posterity and the honest Christian people in generall according to their duties and to live such a godly and vertuous life that they may be alwayes prepapared for death and never fear it which will be a good example to their inferiours to doe the like and bring all who shall so doe into a union in vertue and godlinesse without falling out and circumventing or defrauding one the other And whereas more honest fit and able men for Sheriffs and Coroners might have been chosen then of late years have been And whereas by the long escape of Jury-men from the penalty of imbracery or taking money or rewards or accepting promises to say or give their Verdicts by the means of the difficulty of the discovery thereof before-mentioned some of them have been so bold and impudent that they have made it as it were a Trade to procure themselves to be upon Juries and to make prey of the Suiters in divers causes some of such Jury-men when they have found against their evidence and have met the parties whom they have wronged by their false Verdicts having said to such injured persons that the cause should have gone for them if they had come to them first and dealt with them about the businesse And too often divers Jurors being all or the most part of them of the same Profession Art Mystery or calling of one of the parties in the Action
or persons in that behalf the names of such 24 of those 48 as are so to be returned and that immediately after such Sherif or other Officer or Officers have or shall have the same in writing he or they shall and may return such 24 for Jurymen as aforesaid And that all Jurymen hereafter shall and may have and receive and be paid or satisfied by such Sherif or other of such Officer or Officers a competent allowance for what they doe or shall act doe or perform as Jurymen out of the fines and Amercements imposed upon offenders and delinquents in every respective County City or other place before mentioned where such Jurors doe or shall serve as Jurymen by and from such Sherif or other of such Officers before mentioned and that no Juryman shall take or receive any thing or promise agreement concerning the same of any party in any Action Cause or Suit by reason of or concerning the same either before or after tryall thereof under penalties hereafter mentione And that the Inhabitants of every parish within this Nation being or which shall be persons of such capacity for electing of members of future Parliaments as is mentioned in the proposition for the election of a new Parliament or Representative and other places which be or shall be incorporated with the same shall and may the first quarter of every year next after a Sherif be or shall be constituted or ordained for the Country or place wherein such parish be or shall be deliver in writing to the chief Constable of every Hundred wherein such hundred shall be and of every City Burrow Town Corporate or place before mentioned to the Mayor Bayliffs or other head or chief Officers of the same the names of such person or persons dwelling or residing within the same whom they shall conceive to be the fittest men in honesty judgement and Estate to be Grand Jury-men in and for such respective County City or other place before mentioned and that they shall expresse in every such respective writing of what estate every such particular person for such Grand Jury be or shall be esteemed to be of and that every such respective chief Constable or other such head or chief Officer or Officers before mentioned shall before the next generall quarter Sessions of the publick Peace for the respective County City or other place before mentioned deliver every of such respective writing to the Sherif of or for such respective place and that such respective Sherif or Sherifs shall return or impannell as many as shall be necessary for every such respective place only out of those mentioned in such respective note or writing which in such respective writing shall be expressed to be of greatest Estates in such respective County or other place before mentioned accounted to be of most honesty and best understanding And that every of such Sherif or Sherifs shall cause such respective writing to him or them so delivered or to be delivered to be published in Print with directions how and where to find the same at a reasonable rate for so many as shall have occasion to use any of the same within convenient time next after the time that he or they doe or shall receive or have delivered or tendred to him or them such note or writing And that if after the first quarter of every yeer expired the major part of such qualified persons do or shall send or deliver or tender unto such Sherif or Sherifs such respective note in writing as be mentioned in the said recited Proposalls what persons every such respective person doe or shall conceive to be most fit and qualified as before is mentioned to be such Grand Jurymen that then such respective Sherif or Sherifs shall return or impannell so many as shall be necessary and convenient for the place where and for which he or they be or shall be such Sherif or Sherifs who shall have his name written in most of such notes or writings to be the first or foreman of and for such Grand Jury and that he whose name shall be written in the greater part saving such first of such notes or writings shall and may be the second man of and for the same Grand Jury And that such Sherif or Sherifs shall return and impannell for such Grand Jury such other of those men whose names shall be so written in most notes or writings the one of them next and immediately in order after the other of them more then the said first and second of them in order and degree as every of them respectively shall have his name written in such notes or writings most often the one of them after the other of them untill such Sherif or Sherifs shall have returned and impannelled and a competent number or over to be Grand Jury-men for such respective County or place before mentioned And that every such Sherif shall keep such a bag or box and in such manner and form as is mentioned in the said recited Proposalls and every such note or writing which shall be so delivered or sent to such Sherif or Sherifs by any such qualified person for returning of Grand Jury-men shall be so put into such box ordered taken out or sorted and sorted in such manner and forme as is mentioned in those Proposalls for the notes and writings therein expressed And that such Grand Jury-men so elected or to be elected as last is herein mentioned shall and may once in every respective Sheir County or other place before mentioned keep such box or bag and every of them write severall of such notes of two or more names of men whom he conceiveth or shall conceive to be most fit for such Sherif or Sherifs Coroner or Coroners that is to say one for such Sherif or Sherifs and another for such Coroner or Coroners of or for such County or other place before mentioned and shall so lock or seal upon the same in such manner and forme as is mentioned in those former Proposals for a new Parliament or Representative And that at the summer Assizes in every year in and for such respective place such Grand Jury-men or as many of them as shall then meet again shall and may open and unseal such Bag or Box and take out and sort such notes or writings in such manner and form as is mentioned in those recited Propositions or Proposalls and write or cause to be written in parchment fairly the names of every one of those persons whose names be or shall be so written in severall of such notes or writings the one of them in order next after the other of them and those for such Sherif or Sherifs in one part of such parchment writing and the other for such Coroner or Corners in another part of the same parchment writing And then such Grand Jurymen or some of them shall deliver such parchment writing to the Justice or Justices Justitiar or Justiciars of or for taking Assizes and