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B12753 A proclamation for iurors. England and Wales. Sovereign (1603-1625 : James I); James I, King of England, 1566-1625. 1607 (1607) STC 8406; Interim Tract Supplement Guide 506.h.10[78] 3,097 2

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❧ By the King ❧ A Proclamation for Iurors AS it is a principall part of our Kingly Office to administer Iustice to our people by which our Crowne and Scepter is also established and confirmed So wee conceiue that we may truely and iustly thus farre reape the fruit of a good conscience as to be witnesse to our selfe and likewise to report our selues not onely to our Priuie Counsell which are acquainted with our more secret cares and cogitations and our Iudges and Counsell at Law with whom wee haue had more frequent conference then Princes formerly haue vsed but generally also to all other our louing Subiects in regard of some our Publique actions Whether in these few yeeres of our Reigne notwithstanding wee could not bee at our first entrance so well enformed as now wee are in the Lawes and Customes of this our Realme wee haue not exercised and employed our Princely care power and meanes for the furtherance and aduancement of Iustice duely and speedily to bee administred to all our louing Subiects For it appeareth that wee haue to that end bene at charge to encrease the number of our Iudges in our principall Benches haue endeuoured to moderate some differences and contentions amongst our Courts in point of Iurisdiction to auoyd double vexation of Suits and haue from time to time in person giuen more strait charge admonition to our Iudges before their Circuits and visitations and receiued againe from them more strait accompts reports at their returnes then hath bene heretofore accustomed And as we haue bene thus carefull concerning our Courts and Iudges of the Law So may we in no wise omit to extend our Princely care to persons of another condition on whom though they be not to be termed Iudges there lyeth a principall part of Iudicature which are those who by the custome of the Realme are called Iurors which serue to try and decide the issues points of fact in all controuersies and causes A matter no lesse important to the summe of Iustice then the true and iudicious exposition of the Lawes themselues For euen that Iudgement which was giuen by a King in Person and is so much commended in the Scriptures was not any learned exposition of the Law but a wise sifting and examination of the fact where testimonie was obscure and failed To which sort of persons also the Law of this our Realme doeth ascribe such trust and confidence as it doeth not so absolutely tye them to the euidences and proofes produced but that it leaueth both supply of Testimonie and the discerning and credit of Testimonie to the Iuries consciences and vnderstanding But herewithall we consider with our selues That this proceeding by Iurie which is one of the ancient Lawes and Customes of this our Island of Great Britaine and almost proper and singular vnto it in regard of other Nations as it is an excellent institution in it selfe so neuerthelesse it is then laudable and good when those persons which serue vpon the said Iuries are men of such qualitie credit vnderstanding as are worthy to be trusted with so great a charge as to try mens liues good names lands and goods and whatsoeuer they hold deare in this world Wherein we cannot but obserue and highly commend the wisedome of the Lawes of this our Realme taking them in their owne nature before abuses crept in which haue in this point so well prouided For as in the triall of any Peere of this Realme the Law doeth not admit any to passe vpon him but Peeres So in the triall of any of the Commons which the Law beholdeth but as one body there is no person whatsoeuer of that body by rule of Law exempted in respect of his qualitie and degree onely from the seruice vpon Iuries whereas on the contrary part the Law hath limitted that none serue except he haue a certaine proportion of Freehold And yet notwithstanding Time and abuse haue so embased the estimation of this seruice and altered the vse thereof as Sheriffs Vndersheriffes Bailiffes and other inferiour Ministers do not onely spare Gentlemen of qualitie in a kinde of awe and vnwillingnesse to offend them but do likewise for lucre gaine and reward forbeare to returne many of the ablest and fittest persons So that the seruice oftentimes resteth vpon such as are either simple and ignorant and almost at a gaze in any cause of difficultie or else vpon those that are so accustomed and inured to passe and serue vpon Iuries as they haue almost lost that tendernesse of Conscience which in such cases is to bee wished and make the seruice as it were an occupation and practise Vpon these grounds therefore and vpon aduise taken with our priuy Councell and conference with our Iudges and Councell at Law We haue resolued to giue some remedy to those abuses and to restore the forme of tryals in this our Realme of England to the ancient integrity and credit as much as in vs lyeth And therefore we doe hereby publish and declare to all our louing Subiects that they take light from vs of the greatnes of this seruice and that the Gentlemen of best qualitie doe put away that vaine vntrue conceit that they are any wayes disgraced or disesteemed if they be called vpon or vsed in this part of Iustice to be tryers of the fact Knowing that all Iudgement is Gods principally and by him committed vnto vs within the Precinct of our Kingdomes as his Minister vpon Earth to whom likewise they are subordinate And we doe likewise charge and command all our Iudges Iustices Sheriffes Vndersheriffes Bayliffes and others to whom it may appertaine To take knowledge that this is our expresse Will and pleasure That all persons which haue Freehold according to the Law shall be returned to serue vpon Iuries as occasion shall require Foreseeing also that they vse a respect that the same persons be not too often returned and troubled but that the seruice may rest more equally and indifferently vpon the whole body of sufficient Freeholders in euery County the one to ease and relieue the other and that there be a discretion vsed as well in returning the most principall Persons vpon the greatest causes as in sorting men of quality with their equals as neere as may be And now that we haue thus declared our earnest care and zeale for the furtherance of Iustice in this kinde seeing it hath beene vsuall for Sheriffes and other Ministers to whom it appertaines to forbeare the returning of diuers persons in respect that they were sonnes of Peeres of our Realme or men of extraordinary place and calling which we haue no way misliked and do well allow Intending likewise that such and so conuenient respect be vsed particularly to our Iustices of peace in regard of the place they hold and their continuall imployments as they may be no oftner vsed in seruices of that nature then shal be necessary And forasmuch as Wee doe well consider that it may so fall out many times that diuers persons besides those aboue named and such other as the Lawe for naturall impotencie dispenseth withall in an ordinary course may likewise be found meete to bee forborne in these seruices We doe hereby declare that We are also resolued by vertue of our Prerogatiue and according to the ancient presidents of our Progenitors to graunt speciall exemption by our Letters Patents to some such persons and vpon such speciall causes as We shall thinke iust and reasonable not meaning from hencefoorth to leaue it in the power of any other but in the speciall cases aforesayd to doe that which is onely proper to our selfe In which course as in all the rest of our proceedings although it appeareth vnto vs by a Certificate lately made from the Sheriffes of the state of the Freeholders in this Kingdome that the multitude of them is great are otherwise as certainly enformed that the one halfe is not certified and although We haue bene and are daily importuned for some particular exemptions by diuers persons as well Knights and Gentlemen as other Freeholders of good abilitie Neuerthelesse because it may appeare that Wee doe and euer will preferre the precious care of Iustice before all other second considerations Wee resolue there shall bee so good a moderation in the number as well as in the choyce of the persons as no preiudice shall arise therby in the ordinary course of Iustice Although our meaning be that all such Grants so to bee made by Vs shall extend aswell to all causes concerning our Selfe our Heires and Successours as our subiects All which We haue thought fit to notifie by this our Proclamation Giuen at our Honour of Hampton Court the fifth day of October in the fifth yeere of our Reigne of Great Britaine France and Ireland God saue the King ¶ Imprinted at London by Robert Barker Printer to the Kings most Excellent Maiestie ANNO DOM. 1607.