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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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What error can be in the substance of a true saying but in the form there may and that the Iudges and the Clerks assume to be their office to make in Latin and such is the form and Latin they usually make thereof that every word or second are commonly erroneous and that of purpose for themselvs to make work for themselvs by spinning the Cause in suites and vain pleadings somtimes to seven years time that might have been begun and ended in a day and by beggering both parties to inrich themselvs by damnable Fees and extortions all that while Can the verdict which is the true saying of 12. Men upon the whole matter of Law and Fact be alter'd by a contrarie Iudgment as you expressly say you can but that must be fals and an untrue saying for what can be contrary to a true saying but a fals And which of them ought to be altered you say the verdict Whereupon let all men judg whether you are not a plain liar therein but suppose since you goe by suppositions that the saying of the Iurors is not true and therefore no verdict such as Iudges receive or rather arrest and cause to be given them for verdicts by Iurors impanniled by Sheriffs by Iudges directions for that purpose Can the Confirmation of a Commissary Iudg by his Iudgment make that good It s a Maxim in Law that what is naught in the foundation can never be made good by Confirmation but I confess many an honest man is hanged by such supposed verdicts and devilish Iudgments Can such Lies be called verdicts or such Iudgments be called true more then you can be called a just reprover or a due Censurer that reprove truth and justifie lying Can the Devill be a worse Censurer or Reprover What Iudgment mean you stands good in Mr. Lilburnes Case who had no Iudgment at all passed upon him but that verdict that saved him and the assent of the Councell of State and Parliament that confirmed it And what verdict or Iudgment do you finde fault with in all your Book over but that Surely you were in a frenzie when you wove this stuff not so good as Linsey Woolsey but if you would know what should be done in case a Jury should give in an untrue saying in stead of a verdict that being made to appear to a Commissary Judg by the Partie greived or his Councell learned to be undeniably true such a seeming verdict in c●se of life or land of Free-hold is traversable as also any verdict made defective informed by Lawyers as aforesaid and thereby sounding defective in matter and so counted erroneous by them that made it for that purpose to linger the matter for their own gain as you may read in Mr. Horns Mirror as aforesaid and in the Statutes of 41. Edward 3. fol. 5. and 6. of Henry 7. and 19. Henry the eight Howbeit for bloodshed in Leets there is no traverse because the fact is a manifest wrong and if laid upon a wrong person he may have his Attaint against the Jury and recover treble damages by the verdict of 24 better Jurors which remedie every party wronged by any Jury hath besides his Traverse And in case of life which may be lost by the malice or ignorance of som Juries purposly returned by som Sheriffs for their own ends if executed according to their saying and is never recoverable by Law The Commissary Iudg upon true information and proof thereof and not otherwise ought to stay Iudgment or execution or both untill he can likewise inform the Keepers of Englands Liberties of the truth of the Cause and repriev the Prisoner untill their pardon or Tollerance be obtained for him as was wont in the Kings time in like cases so that afterwards the Prisoner may have his Attaint as he ought against such a Iury whose Iudgment is terrible enough for example to others and sufficiently satisfactory to the Party viz. to repair his wrong and pay him treble damages To forfeit their lands and goods to the Lord of the Fee to have their houses demolished their woods rooted their bodies imprisoned during their lives And Iurors ought to try Attaints without Fee Ex officio as you may read in the Mirror p. 64. And so let so much serve in this place to inform you that the Iurisdiction of Iurors is to be Iudges and Verdictors of all controversies given them in charge upon their Oaths as well for matter of Law as Fact and as antient as and more permanent then Commissary Iudges for when Commissary Iudges had abused their places so that they were beaten out of them and Civill Wars therefore grew between Kings and people before Magna Charta and since untill the said second agreement made between Ed. 1. and them whereby Coroners and Sheriffs were reordained for they had been ordained before as appeareth by Magna Charta and long before that to defend the Country when they were dismissed of their guards c. for till then guards continued for the breach of Magna Charta begun by Hugh de Burgo's means and then Captains and Leiutenants became Sheriffs Coroners c. and Centinels Bailiffs c. But alwayes the Free men judged their neighbours constantly And therefore Mr. Lilburn neither did nor could give his Iurors any new Iurisdiction nor promote them to any preferment more then of right they had as you most falsly and maliciously however ignorantly accuse him and abuse both him and them to introduce the rest of your untruths which follow for next you say that thereby you perceiv his Levelling Philosophy is that Iudges because they understand Law are to be degraded and made servants to the Iurors but the jurors because they understand no Law are to be mounted aloft where they are to administer Law to the whole Kingdom the Iudges because they are commonly gentlemen by birth and have had honorable education are to be exposed to scorn but the Jurors because they be commonly mechanick bred up illiteratly to handy Crafts are to be placed at the Helm and consequently Learning and gentle extractions because they have been in esteem in all Nations from the beginning of the world til now must be debased but ignorance and sordid births must ascend the Chair and be lifted up to the eminentest Offices and places of power Coblers must now practise Physick in stead of Doctors Tradesmen must get into Pulpits instead of Divines and Plow-men must ride to Sessions instead of Iustices of Peace Sir I shall not meddle with Mr. Lilburns Philosophy but shall conceiv it more reasonable and therefore more tollerable then your sophistrie seeing it appeareth by your own setting forth his endeavour was not to degrade Judges because they understood Law but to inform them better because he conceived they understood not Law in his Case till they would be pleased to be better instructed by his learned Councell which as he aledged divers presidents for might have been as Lawfully allowed