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A88850 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. Leach, William. 1652 (1652) Wing L772; Thomason E659_1; ESTC R202689 11,038 16

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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
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