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cause_n bring_v king_n see_v 1,770 5 3.2429 3 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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quid sit justum to descern what is just by the rule of Law and so to make the Law his rule his line his measure his weight his yard and ballance which saith the same Author in the same place is called Right it self And Common Law because it judgeth common Right by a right line which is the Judg of it self and its oblique And in another sens saith he the Law is called Right because it is the best Birth-right the Subject hath whereby his goods lands Wife Children bodie honor and estimation are protected from injuries and so a better Inheritance cometh to everie one of us by the Law then by our Parents but when appropriated by Lawyers to their own construction and benefit how is it to becalled common Law and when a Commissarie Judg like Pluto's Radamanth maketh his will his Rule and line and thereby squaretth and measureth the Law as he pleaseth and as Virgil diseribeth him Grosius hic Radamanthus habet durisima regna c. Castigátque Auditque dolo subigitque fateri leges fixit precio atque refixit c. First he punisheth then he heareth and compelleth to confess and so maketh and marreth Laws as he pleaseth for his profit such are the Commissaries I desire to reprov and you to flatter but I wish them to observ Crysippus his Picture of Justice described in a Latin Diologue thus viz. Quae Dea Justitia at quid torva lumina slectis Nes ia sum flecti nec moveor prctio Vnde genus Coelo Quite genuere Parentes Mî Modus est genitor clara fides Genitrix Auriū aperta tibi cur altera altera clausa est Vna patet justis altera surda malis Cur gladium tua dextra gerit Cur laeva bilances Ponderat haec causas percutit illae reos Cur sola incedis quia copia rara bonorum est Haec referunt paucos secula Fabritios Pauperc cur Cultu Semper justissimus esse Qui cupit immensas nemo parabit opes Englished by me thus What Goddess art thou Justice why so stern No force shall make me bow nor brible me yearn Whence sprung from heaven What parents gave thee breath Indifference was my Father Mother Faith Why open'st one ear shutt'st the other still One hears the good the other 's deaf to ill Why right hand sworded scald the left appears One weighs the Cause the other cuts guilts ears Why art alone because few good there be Scant one Fabritius in this age we see Why poor in Robe because who would be just No vast estate or Wardrobe purchase must But I observ that as the meanest handicrafts man when he groweth rich turns Merchant that he may live Lazier and gain more by buying and selling merchantable Commodities then by his labor yea and the craftiest Merchant of all or as lately the poorest Schollars being attained unto Wealth became Bishops by the same means and for the same reason yea and the precisest formalist of all so the simplest mooter in the Inns of Chancerie being being past his Apprentiship admitted to the bar and but botching Jorneyman in the trade of Law furnished with money friends and fortune proceedeth Sergeant at Law and ascendeth som Chair or Bench of Judicature in a day and declareth himself presently the pragmaticalest Judg of all yet but a Commissarie Judg such as you extol in the generall and I except against in som particulars as for making the Law a mercenarie trade or a merchantable commoditie which ought to be free and liberall to all men and in assuming a Mastership therein whereas he is and ought to be but a servant to the Common-wealth yea even a Clerk though you seem to repine at it to say Amen viz. to pronounce his Masters assent to the verdicts of Jurors who by their ordinarie Iurisdiction are the absolute Judges of their Countrie as before is proved Yet shall I be content to follow your Follies a little further for your better satisfaction touching Mechanicks who buy and sell but what are vendible and merchantable wares and lawfull for them so to do which if by unreasonable penniworths their reasonable Customers may take or leave as their occasion requires and reason guides them whilst Lawyers Clyents must buy such Law as they can finde at such rates as they can get at Westminster or perish in their Causes different from those times when Mr. Horn and others tell you they had better brought to their own doors with little charge and less pains and when to see it so administred and executed by Sheriffs Recorders and other Countrie and Citie Judges that were the Kings Commissaries in their respective places and derived their Commissions and authorities as well as any at Westminster ever did or can from the same fountain viz Kings and people so that as the Lord Cook saith Omnis dorivata potestas habet eandem jurisdictionem cum primitivâ their jurisdictions were the same within their precincts as the Kings at larg yet Kings went along with their Commissaries or rather Deputies for their own Bench from Countie to Countie once every seven years to oversee and examin how Justice was distributed to their Subjects and to give their Royal assents to the verdicts of Juries which were not assented unto by the ordinarie Countrey Commissaries since the last Size which Commissioners therefore onely and not the Countrey in generall as now to Assizes nisi prius and Gaol deliveries or so much as the Jurors were called or troubled to bring in any account of what they had done since the last Eire but those Commissarie Officers onely for that they had not done were charged to bring in their Records whereupon such verdicts as were found unassented unto and compleated by them might be assented unto and perfected by the King himself or his Commissarie Judg or deputie called his chief Justice of his own Bench or by the Justices in Eire who went somtimes without the King or any of his Justices who when and where they came had the prerogative of all Courts during their stay which was but for short Sessions gave forth process of execution upon them and medled not with any mors Causes but onely within his verge by the verdicts of Iurors inhabiting within the compass as you may read in the Mirror Lambert and others at larg And why now all must come to Westminster four times yearly and no cause whether over or under 40 s. can be ended in any part of the Kingdom but there for if under á Mutuatus shall lift it over and all under colour of that Chapter of Magna Charta which saith Common Pleas shall not follow the Kings Court as his Bench Chancerie and his Exchequer then did and ever might but shall be kept in a certain place which came to be Westminster-Hall since it was the Kings pleasure to have that Court which was their prerogative superindendent Court of Common Pleas viz. for Appeals in such Pleas by such as found