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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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for the same offence that he is acquitted of by so due a Course of Law Doth it not moreover follow that by traducing that Verdict and acquittall you consequentlie traduce not onely the Jurie but also the Councell of State and the Parliament that Confirmed the same as aforesaid And are not you therefore lyable not onely to the severall Actions of everie Juror but also of Scandalum magnatum But what need you care you are too cunning for them all in Concealing your name at large from them whom you slander at large and send your Book to them with a sine me Liber ibis in urbem so that they know not when where or how to finde you out by that uncertain notion or mark of H. P. Which for any thing I know may fignify some Soapstuff as well as any mans name but take heed least John smell you out and contemperate you in his Compounds for some simple corrasive ingredient which he useth not to any intent of malice but to eat off som of your proud flesh and not to destroy any sound part in you as you say in the title of your Book you use your reproof to him to make a speciall kind of soap to wash the brains of such Orators as perswade men to becom such fools as to make no use of Lawfull exceptions against their Judges especially Commissaries to save their lives and the tongues of such Sycophants as under pretence of reproving the meanest and weakest sort of sinners approve and improve the greatest and strongest kinde of Murtherers Traytors Perjurers c. viz. Commissary Judges in generall in their practise at large But more to the matter where you say in your 5th head in the same 3d page of your Libell The 5th thing you say deserveth a keen reproof of all honest men was Mr. Lilburnes assayling the sinceritie of his Jury and page 21. you say he promoted his 12. men c. and caused them to imploy their new given Jurisdiction onely to the advantage of the giver Truly Sir I must confess that if Mr. Lilburne assailed the sinceritie of his Jury he was to blame but I cannot find by any thing you prove that he did so for the Clamor of the People who were not his disciples as you belie them and him too were not in his power to stop more then in yours or mine had we been there for if they would not obey the Crier of the Court they would not have obeyed us more then him who desired as he needed rather to be heard then disturbed and distracted with Clamors And for his blandishments to his Jurie good Language became him to give and them to receiv but not such adulations as you give all Commissary Judges And to use all the lawfull means he could to inform them and all his Auditors that knew him not nor his innocence in that Cause and merit in others and thereby to prolong his life in the Land which the Lord his God hath given him and to keep himself a living sacrifice to and for his God untill it please his Dietie to call him to his mercy by the Ordinarie way of common death or to inspire him to fight again in his Masters Battell and Countries service whereby he may dye an extraordinary death more to his Masters glory and his own honor then by casting away his life to becom a dead sacrifice to the malice of men whether Commissary Judges such as you plead for or other flattering Sycophants such as you make your self I conceiv to be no fault in Mr. Lilburne In the next place where you say Mr. Lilburne promoted his 12 men to a new Jurisdiction I am sure that is another Lie of yours for you may read in the Lord Cooks Institutions upon the 35 Chapter of Magna Carta That County Courts Court Barons Sheriffs-Turnies and Leets were in use before King Alphreds time In all which Courts the Jurors were the Judges their then untraversable Verdicts were the Judgments in all Causes And Sheriffs and Stewards who were the Kings Commissary Judges in their Turnies and Leets as now they are the States were and still are but the suitors Clerks in Counties Hundreds and Court Barons to enter their Judgments and do execution thereupon by themselvs and their Bayliffs as publique servants or Ministers of common Justice to their Jurors and the rest of the Common Wealth See Mr. Kitchen Fo. 43. yet were they as absolute Commissary Judges by vertue of their Writs when they have them for matters above 4 s. as the Judges at Westminster ever were or can be by their Commissions And all Common Pleas between Party and Party and the King Queen and Prince were accounted but Parties as other Plaintiffs and defendants in such Pleas were holden in the County Court from Month to Month untill for the ease of the People especially husband-men to follow their business The King with their assents divided the view of Frank pledg from the Sheriff who by all the Peoples affent in Parliament 9. Ed. 2d was to be thence forth assigned by the Chancellor the Kings Commissiary Judge in his Turnies called before the Kings own Turnies to see Justice done from County to County And all the free pledges of every County together once every 7. years which is since to be done by Sheriffs twice yearly and gave them to Lords of Mannors so that their Tenants and Resiants should have the same Justice in their Leets and Court Barons as they had in the Sheriffs turnies and County Courts at their own doors without any charge or loss of time And for the same reason saith the Lord Cook in the same place Hundreds were divided from Sheriffs viz. that none should be troubled further or out of their Lords Court at all at which Courts saith Mr. Horn p. 7. Justice was so done that every one so judged his neighbor by such Judgment as none could elswhere receiv in the like cases untill such time as the Customs of the Realm were put in writing And as the County Courts Hundred Courts and Court Barons were of one Jurisdiction so were Turnies and Leets and so all of them are and ought to be still therefore you must consider that there be three sorts of Jurisdictions viz. Soveraign assigned and ordinary of these you may read in the Mirror p. 7. in these words viz. It was assented unto that these things following should belong to Kings and the right of the Crowne viz. Soveraign Jurisdiction c. which is now fixed in the Keepers of the Liberties of England by vertue whereof among other things all Writs Commissions warrants Commitments Liberates or discharges run in their names as they did in the Kings so that none are Imprisonable or dischargable but in their names consider therefore again that this assent was the Peoples whereby Kings who before and without this assent were not Kings but ordinary men that could have but ordinary Jurisdiction as others had Soveraign
shifting cavills shufling exceptions reprove him for using them in defence of his life I pray compare them together then consider what and whom you reprove you can not chuse but finde that for the matter it is not a shifting cavil or shufling exception but the solid fundamentall Law of England affirmed by all men that truly understand it to be most Consentaneous of all Laws to the Law of God And for the Persons it is not onely Mr. Lilburne that desired thereby to preserve or prolong his life but all the sage makers religious observers thereof whereby you perswade all your Countrimen present future to disesteem such exceptions even to save their lives and consequently to cast themselves away upon the wils and hast of Commissarie Judges who may be the onely or chief Accusers or Adversaries the Party questioned for his life can have which for any such Partie to do were to be more then mad and even the Author of his own death and of Gods Wrath upon his soul which if he so wilfullie lose what is it to him to gain a world in lieu thereof And why do you more falsly then Caiphas that told one truth in his life unknown to himself offer to perswade us to becom willing to sacrifice our selves one after another to the lying bloody constructions of that Generall and true Position Salus Populi c. The Health of the Nation is the chiefest Law which you vaunt to be the empress of all your Maxims whilst you construe it to the destruction of the Nation as they are very sensible thereof and make it onely healthie to rotten Commissarie Judges and corrupt Lawyers whom you make the sole Judges thereof for what Christian can bee so sensless as to believ or conceiv that the sacrificing of any one man in that manner onely for the suspition perhaps of no more then the Judge that findes himself most guilty of the Cause as of being more able then another to raise or cause War against us can avail us For Sir God delighteth not in bloody and dead sacrifices but in our humble penitent and lively Prayers who are or ought to be his living sacrifices And he that is as well the Lord of Hosts as the God of Peace is our loving Father and he will heare us when we call upon him in his Sons Name and open his gate of mercie unto us when we knock as we ought and whatsoever good we ask him in that name he will not onely give it us but moreover strengthen us as he did Jacob to wrastle with himself and to overcom his Anger which an Heathen could understand and say Flectitur iratus voce rogante Deus Gods Anger stoopeth to his Childrens Prayers And none but he can raise any warr against them nor will he further then their sins deserve his punishment and so farr Is there any evill in Israel but it is he that doth it What do you therefore but shew your self diffident of his mercifull omnipotence and rob him of his Glory when you attribute his power to man to make War or Peace and make your self wiser then he when you think to prevent his will by your policie and stronger then he if you could destroy whom he would save And therefore saith Melancton Men are but fooles Vinculacùm tendunt imposuisse Jovi when they suppose they can Chain the Dietie And who can but see that if it be granted you that every free man of England whom you or a Commissarie Judge or any other as bad shall suspect or be pleased to accuse for suspition of what you think good to invent you may accuse whom you will and hang whom you list and leave none to live but at Lawyers discretion whilst the truch is that so farr as any one man or more of any kind of men whatsoever can be called or accounted raisers or causers of War in England the Lord Cook Mr. Horne and other sound Lawyers tell you they ever were and will be corrupt and mercenarie Lawyers that sell delaie and denie Justice and the benesit of the great Charter of England to the People thereof the due punishment of whom of all Sycophants that sooth them up in their Errors would be Salus Populi for they are a considerable Army that have over-powred us these 500. years Hyperprelaticall Spirits Domineering Nimrods Undermining Pioners so that what was said of Rome since the Popish Prelacy ruled it may be said of England since Lawyers overswayed it viz. Servierant tibi Anglia priùs domini dominorum servis servorum nunc miseranda subes O thou that wert the Lady of Lords art the Slave of Slaves And a subtle and viperous generation that add Policie to their Power to gnaw their Mothers bowels and use to make dissentions and Factions between even their own Brethren to make work for themselvs to reconcile them or most commonly by the strength of the weakest to destroy the strongest till they be able to Master both and by right seldom and wrong constantly to make and keep themselves rich whosoever be poor to accuse and condemn all their superiors for tyrannie to make way for themselves to be the onely superviving supreme Tyrants and compleat Dionysians The onely Monopolizers of Law to sell delay and denie Justice to the Free Men of England their Slaves at their wills and pleasures in their Congregational Exchange Westminster Hall And whereas you say those shifting eavils shufling exceptions which Mr. Lilburne made use of to waste time and procure trouble to the Court were far from making any defence for him I pray you what defence could he desire thereby but to save his life And was not that done by the Verdict of a Jury that heard what he said for himself received all the Evidences that were given against him and were Charged and sworn to give their Verdict according to their Evidence was not that Verdict confirmed and ratified by the right Honorable the Councell of State by the assent of the most Honorable and Supreme Court of Parliament without which either by an implicit generall Warrant or a speciall Express no man can be so mad as to think they would inlarge him was not this as Full and fair a Triall as Mr. Lilburne could wish or any man Questioned for Treason had these 100. years or since Juries that understood Law no better then you were content to be bafled by Commissarie Judges and give what Verdict they pleased as well for mens lives as their lands did not his Exceptions and pleadings whatever you call them come near enough how ever the Court liked them to make him a sufficient defence in that mater doth it not follow that by your said saying you make your self a naked lyar and can so apparent a lyar be a Creditalb reprover of sin the Devill he can as soon doth it not further follow that Mr. Lilburne hath his Action of the Case against you for questioning him