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A60883 The security of English-mens lives, or, The trust, power, and duty of the grand jurys of England explaining according to the fundamentals of the English government, and the declarations of the same made in Parliament by many statutes / published for the prevention of popish designs against the lives of many Protestant lords and commoners who stand firm to the religion and ancient government of England. Somers, John Somers, Baron, 1651-1716. 1681 (1681) Wing S4643; ESTC R33648 56,152 169

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be taken from him by the Gaoler or the Court and given to his Prosecutors And all Advice Assistance from Councils or friends and his nearest Relations shall be denied him none suffered by word or writing to inform him of the indifferency or honesty or the Partiality or malice of the Pannels returned whom the Law allows him to Challenge or refuse either peremptorily or for good Reasons offered should he be thus deprived of all the good provisions of the Law for his safety To what Frauds Perjuries Subornations is not he and every man Exposed who may be accused What Deceits may there not be put upon Juries and what Probability is there of finding security in Innocence What an admirable Execution would this be of their Commission To make diligent Inquisition after all manner of Falshoods Deceipts wrongs and Frauds and thereupon to do Justice according to Law When at the same Time if so Managed a Method would be introduced of ruining and destroying any Man in the form of Justice Such practices would be the highest dishonour to the King imaginable whose name is used and so far Misrepresent the Kingly Office as to make that appear to have been Erected to vex and destroy the People which was intended and ordained to help and preserve them The Law so far abhors such proceedings that it intends that every Man should be strictly bound to be Exactly just in their several Imployments relating to the Execution of Justice The Sergeant of the Kings Council Sir George Jeffrys among the rest who prosecute in the King's name and are consulted in the forming bills of Indictment and advice about the witnesses and their Testimonies against the Accused These if they would remember it when they are made Sergeants take an Oath Cokes 2d Institutes Pag. 214. as well truly to serve the People whereof the party accused is one as the King himself and to minister the Kings matters duely and truely after the course of the Law to their Cunning Not to use their Cunning Craft to hide the Truth and destroy the accused if they can They are also obliged by the Statute of Westm 1. Cap. 29. To put no manner of Deceit or Collusion upon the Kings Court nor secretly to consent to any such Tricks as may abuse or beguile the Court or the party be it in Causes Civil or Criminal And it is ordained that if any of them be convicted of such practices he shall be imprisoned for a year never be heard to plead again in any Court and if the Mischievous consequence of their Treacheries be great they are Subject to further and greater punishments Our Auntient Law Book called the Mirror of Justice Cap. 2. Sect. 4. says That every Sergeant Pleader is chargeable by his Oath not to maintain or defend any wrong or Falshood to his Knowledge but shall leave his Client when he shall perceive the wrong intended by him Also that he shall not move or proffer any false Testimony nor consent to any Lyes Deceits or Corruptions whatsoever in his pleadings As a further Security unto the People against all Attempts upon their Laws Exemplary Justice hath been done in several Ages upon such Judges and Justiciaries as through Corruption Submission unto unjust Commands or any other Sinister consideration have dared to swerve from them The punishments of these wicked Men remain upon Record as Monuments of their Infamy to be a Terror unto all that shall succeed them In the Reign of the Saxons the most notable Example was given by King Alfred who caus'd above forty Judges to be hanged in a Short Space for several wrongs done to the People as is related in the Mirror of Justice Some of them suffered for imposing upon Juries and forcing them to give Verdicts according to their will And one as it seems had taken the Considence to examine a Jury that he might find which of them would Submit to his will and Setting aside him who would nor condemned a Man upon the Verdict of Eleven Since the Coming in of the Normans our Parliaments have not been less severe against such Judges as have suffered the course of Justice to be perverted or the Rights and Liberties of the People to be invaded In the time of Edward the 1st Anno 1289. The Parliament finding That all the Judges except Two had swerv'd from their duty condemned them to several punishments according unto their Crimes As Banishment Perpetual Imprisonment Ex Chron. Anno 10 Ed. 1. or the Loss of all their Estates c. Their Particular Offences are specified in a speech made by the Arch-Bishop of Canterbury in Parliament They had broken Magna Charta Incited the King against his People Violated the Laws under pretence of expounding them And impudently presumed to prefer their own Councils to the King before the Advices of Parliament as appears by the speech c. Hereunto annext The like was done in Ed. the 2d Time when Hugh De Spencer was charged for having prevailed with the King to break his Oath to the People in doing Things against the Law by his own Authority In Edward the 3d. Time Judge Thorpe was hanged for having in the like manner brought the King to break his Oath Dan. History p. 260 261. And the happy Reign of that great King affords many Instances of the like nature amongst which the punishment of Sr. Henry Green and Sr. William Skipwith deserve to be observed and put into an Equal rank with those of his brave and victorious Grand-father In Richard the Second's Time See all the English Histories of Walsingham Fabian Speed c. in the 11 and 21 years of Richard the 2d Eleven of the Judges forgetting the dreadful Punishments of their Predecessors subscribed malicious Indictments against Law and gave false Interpretations of our Antient Laws to the King thereby to bring many of his most Eminent worthiest Subjects to suffer as Traytors at his Will Subjected the Authority and very being of Parliaments to his absolute pleasure And made him believe that all the Laws lay in his own breast Hereupon sentence of death passed upon them and tho upon their repentance and confessing they had been swayed by fear and threatnings from the King Two only were Executed all the others were for ever banished as unworthy to enjoy the benefit of that Law which they had so perfidiously and basely betrayed It were an Endless work to recite all the Examples of this kind that are found in our Histories and Records but that of Empson and Dudley must not be omitted They had craftily contrived to abolish Grand Juries and to draw the Lives and Estates of the People into question without Indictments by them and by surprise and other wicked practices they gained an Act of Parliament for their countenance Hereupon false Accusations followed without number Oppression and Injustice broke forth like a Flood And to gain the Kings Favor they filled his Coffers