Dominorum Henrici Johannis ac per terribiles fulminationes Excommunicationis sententiae in transgressores communium libertatum Angliae quae in chartis praedictis continentur corroboratas cum spes praeconcepta de libertatibus illis observandis fideliter ab omnibus putaretur stabilis indubitata Rex conciliis malorum Ministrorum praeventus seductus easdem infringendo contravenire non formidavit credens deceptive pro munere absolvi à transgressione quod esset manifestum regni exterminium Aliud etiam nos omnes angit intrinsecus quod Justiciarii subtiliter ex malitia sua ac per diversa argumenta avaritiae intolerabilis superbiae Regem contra fideles suos multipliciter provocaverunt incitaverunt sanoque salubri consilio Ligeorum Angliae contrarium reddideruut consilia sua vana impudenter praeponere affirmare non erubuerunt seu formidaverunt ac si plus babiles essent ad consulendam conservandam Rempublicam quam tota Universitas Regni in unum collecta Ita de illis possit vere dici viri qui turbaverunt terram concusserunt Regnum sub fuco gravitatis totum populum graviter oppresserunt praetextuque solummodo exponendi vereres Leges novas non dicam Leges sed malas consuetudines introduxerunt vomuerunt ita quod per ignorantiam nonnullorum ac per partialitatem aliorum qui vel per munera vel timorem aliquorum potentum innodati fuerunt nulla fuit stabilitas Legum nec alicui de populo Justitiam dignabantur exhibere opera eorum sunt opera nequitiae opus iniquitatis in manibus pedes eorum ad malum current festinant ac viam recti nescierunt Quid dicam non est judicium in gressibus suis agros violenter tulerunt rapuerunt domos oppresserunt virum domum ejus imo virum Haereditatem suam vae Judices qui sicut Lupi vespere non relinquebant ossa in mane Justus Judex adducit Consiliarios in stultum finem Judices in stuporem mox alta voce justum Judicium terrae recipietis His auditis omnium aures tinniebant totaque Communitas ingemuerunt Vide Mat. West Anno 1289. p. 376. li. 13. dicentes heu nobis heu ubi est Angliae toties empta toties concessa toties scripta toties jurata Libertas Alii de Criminalibus sese à visibus populi subtrahentes in locis secretis cum amicis tacite latitaverunt Anno vero 1290. 18. Ed. 1. deprehensis omnibus Angliae Justiciariis de repetundis praeter Jo. Metingham Eliam de Bleckingham quos honor is ergo nominatos volui judicio Parliamenti vindicatum est in alios atque alios carcere exilio fortunarumque omnium dispendio in singulos mulcta gravissima amissione officii Spelmans Glossary p. 1. co 1.416 alios protulerunt in medium unde merito fere omnes ab officiis depositi amoti unus à terra exulatus alii perpetuis prisonis incarcerati alii que gravibus pecuniarum solutionibus juste adjudicati fuerunt AFter that the King for the space of three Years and more had remained beyond Sea and returned out of Gascoign and France into England he was much vexed and disturbed by the continual clamour both of the Clergy and Laity desiring to be relieved against the Justices and other His Majesizes Ministers of several oppressions and injuries done unto them contrary to the good Laws and customs of the Realm whereupon King Edward by his Royal Letters to the several Sheriffs of England commanded that in all Counties Cities and Market Towns a Proclamation should be made that all who found themselves agrieved should repair to Westminster at the next Parliament and there shew their grievances where as well the great as the less should receive fit remedies and speedy Justice according as the King was obliged by the Bond of his Coronation Oath And now that great day was come that day of judging even the Justices and the other Ministers of the Kings Council which by no Collusion or Reward no Argument or Art of Pleading they could elude or avoid The Clergy therefore and the People being gathered together and seated in the great Palace of Westminster the Archbishop of Canterbury a man of eminent Piety and as it were a Pillar of the holy Church the Kingdom rising from his Seat and fetching a profound sigh spoke in this manner Let this Assembly know that we are called together concerning the great and weighty Affairs of the Kingdom too much alas of late disturbed and still out of Order unanimously faithfully and effectually with our Lord the King to treat and ordain Ye have all heard the grievous complaints of the most intollerable injuries and oppressions of the daily desolations committed both on Church and State by this corrupt Council of our Lord the King contrary to our great Charters so many and so often purchased and redeemed granted and confirmed to us by the several Oaths of our Lord the King that now is and of our Lords King Henry and John and corroborated by the dreadful thundrings of the sentence of Ecommunication against the Invaders of our common Liberties of England in our said Charters contained and when we had conceived firm and undoubted hopes that these our Liberties would have been faithfully preserved by all men the King circumvented and seduced by the councils of evil Ministers hath not been afraid to violate it by infringing them falsly believing that he could for Rewards be absolved from that offence which would be the manifest destruction of the Kingdom There is another thing also that grieves our Spirits that the Justices subtilly and maliciously by diverse Arguments of covetousness and intollerable Pride have the King against his faithful Subjects sundry ways incited and provok'd counselling him contrary to the good and wholsome Advice of all the Liegemen of England and have not blush'd nor been afraid impudently to assert and prefer their own foolish Councils as if they were more fit to consult and preserve the Commonweal than all the Estates of the Kingdom together assembled so that it may be truly said of them they are the men that troubled the Land and disturb'd the Nation under a false colour of gravity have the whole People grievously opprest and under pretence of expounding the antient Laws have introduced new I will not say Laws but evil Customs so that through the Ignorance of some partiality of others who for reward or fear of great Men have been engaged there was no certainty of Law and they scorned to administer justice to the people their deeds are deeds of wickedness the work of Iniquity is in their hand their feet make hast to evil the way of truth have they not known what shall I say there is no Judgment in their paths build their Houses in injustice and their Tabernacles in Unrighteousness Wee be to them that covet large possessions that break open Houses and destroy the Man and his Inheritance Woe be to such Judges who are like Wolves in the Evening and leave not a bone till the morning The Righteous Judge will bring such Counsellors to a foolish end and such Judges to confusion ye shall all presently with a loud cry receive the just sentence of the Land At the hearing of these things all Ears tingled and the whole Community lifted up their Voice and mourned saying Alas alas for us what is become of that English Liberty which we have so often purchased which by so many Concessions so many Statutes so many Oaths hath been confirmed to us Hereupon several of the Criminals withdrew into secret places being concealed by their friends some of them were brought forth into the midst of the People and deservedly turned out of their Offices one was banished the Land and others were grievously Fined or Condemned to perpetual Imprisonment This is confirmed by Spelman An. 1290. All the Justices of England saith he were An. 18. Ed. 1. apprehended for Corruption except John Mettingham and Elias Bleckingham whom I name for their honour and by Judgment of Parliament condemned some to Imprisonment others Banishment or Confiscation of their Estates and none escaped without grievous Fines and the loss of their Offices FINIS
THE SECURITY OF English-Mens Lives OR THE TRUST POWER and DUTY OF THE Grand Iurys OF ENGLAND Explained 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 LONDON Printed for T. Mitchel 1681. THE Principal Ends of all Civil Government and of Humane Society were the Security of Mens Lives Liberties and Properties mutual Assistance and Help each unto other and Provision for their common Benefit and Advantage and wherethe Fundamental Laws and Constitution of any Government have been wisely adapted unto those Ends such Countries ane Kingdoms have increased in Virtue Prowess Wealth and Happiness whil'st others through the want of such excellent Constitutions or neglect of preserving them have been a Prey to the Pride Lust and Cruelty of the most Potent and the People have had no Assurance of Estates Liberties or Lives but from their Grace and Pleasure They have been many times forced to welterin each others Blood in their Masters quarrel for Dominion and at best they 〈◊〉 â—erved like Beasts of Burden and 〈…〉 ntinual base subserviency to their 〈…〉 ers Vices have lost all sense of 〈◊〉 Religion Virtue and Manhood Our Ancestors have been famous in â—â—eir Generations for Wisdom Piety 〈…〉 d courage in forming and preserving â— Body of Laws to secure themselves and their Posterities from Slavery and Oppression and to maintain their Native Freedoms to be subject only to the Laws made by their own Consent in their general Assemblies and to be put in Execution chiefly by themselves their Officers and Assistants to be guarded and defended from all Violence and Force by their own Arms kept in their own hands and used at their own charge under their Princes Conduct entrusting nevertheless an ample Power to their Kings and other Magistrates that they may may do all the Good and enjoy all the Happiness that the largest Soul of man can honestly wish and carefully providing such means of correcting and punishing their Ministers and Councillors if they transgressed the Laws that they might not dare to abuse or oppress the People or design against their Freedom or Welfare This Body of Laws our Ancestors always esteemed the best Inheritance they could leave to their Posterities well knowing that these were the sacred Fence of their Lives Liberties and Estates and an unquestionable Title whereby they might call what they had their own or say they were their own Men The inestimable value of this Inheritance moved our Progenitors with great resolution bravely from Age to Age to defend it and it now falls to our Lot to preserve it against the Dark Contrivances of a Popish Faction who would by Frauds Sham-Plots and Infamous Perjuries deprive us of our Birth-rights and turn the points of our Swords our Laws into our own Bowels they have impudently scandalized our Parliaments with Designs to overturn the Monarchy because they would have excluded a Popish Successor and provided for the Security of the Religion and Lives of all Protestants They have caused Lords and Commoners to be for a long time kept in Prisons and suborned Witnesses to swear matters of Treason against them endeavouring thereby not only to cut off some who had eminently appeared in Parliament for our antient Laws but through them to blast the Repute of Parliaments themselves and to lessen the Peoples Confidence in those great Bulwarks of their Religion and Government The present purpose is to shew how well our Worthy fore-Fathers have provided in our Law for the safety of our Lives not only against all attempts of open Violence by the severe punishment of Robbers Murtherers and the like but the secret poysonous Arrows that flie in the dark to destroy the Innocent by false Accusation and Perjuries Our Law-makers foresaw both their dangers from the Malice and Passion that might cause some of private condition to accuse others falsly in the Courts of Justice and the great hazards of Worthy and Eminent Mens Lives from the Malice Emulation and Ill Designs of corrupt Ministers of State or otherwise potent who might commit the most odious of Murders in the form and course of Justice either by corrupting of Judges as dependant upon them for their Honour and great Revenue or by Bribing and Hiring men of depraved Principles and desperate Fortunes to swear falsly against them doubtless they had heard the Scriptures and observed that the great men of the Jews sought out many to swear Treason and Blasphemy against Jesus Chrâ—â—â— They had heard of Ahab's Courtiers and Judges who in the Course aâ—â— Form of Justice by false Witnesses 〈…〉 thered Naboth because he would nosubmit his Properly to an Arbiâ—rary Power Neither were they ignoraâ—â— of the Antient Roman Historâ—es 〈◊〉 the pestilent false Accusers that abounâ—ed in the Reign of some of those Emperours under whom the greatest of crimes was to be virtuous Therefore as became good Legislators they made as prudent Provision as perhaps any Country in the World enjoys for equal and impartial Administration of Justice in all the concerns of the Peoples Lives that every man whether Lord or Commoner might be in safety whilst they lived in due Obedience to the Laws For this purpose it is made a Fundamental in our Government that unless it be by Parliament See Ld Cookes Instit 3d part p. 40. no mans Life shall be touched for any crime whatsoever save by the Judgment of at least 24 men that is 12 or more See Mag. Chart. Cooke 's 2 part of Instit p. 50 51. to find the Bill of Indictment whether he be Peer of the Realm or Commoner and 12 Peers or above if a Lord if not 12 Commoners to give the Judgment upon the general Issue of not guilty joyned of these 24 the first 12 are called the Grand Inquest or the Grand Jury for the extent of their power and in regard that their number must be more than 12 sometimes 23 or 25 never were less than 13 Twelve whereof at least must agree to every Indictment or else 't is no legal Verdict If 11 of 21 or of 13 should agree to find a Bill of Indictment it were no Verdict The other Twelve in Commoners Cases are called the Petit-Jury and their number is ever Twelve but the Jury for a Peer of the Realm may be more in number though of like Authority The Office and Power of these Juries is Judicial they only are the Judges from whose Sentence the Indicted are to expect Life or Death upon their Integrity and Understanding the Lives of all that are brought into Judgment do ultimately depend from their Verdict there lies no Appeal by finding Guilty or not Guilty they do complicately Resolve both Law and Fact As it hath been the Law so it hath allways been the Custom and Practice of
these Juries upon all general Issues pleaded in Cases Civil as well as Criminal to judge both of the Law and Fact See the Reports of the Lord Chief Justice Vaughan p. 150.151 So it is said in the Report of the Lord Chief Justice Vaughan in Bushel's Case that these Juries determine the Law in all matters where Issue is joyned and tried in the Principal Case whether the Issue be about a Trespass or a Debt or Disseizin in Assizes or a Tort or any such like unless they should please to give a special Verdict with an implicite faith in the Judgment of the Court to which none can oblige them against their Wills These last 12 must be Men of equal condition with the Party Indicted and are called his Peers therefore if it be a Peer of the Realm they must be all such when Indicted at the Suit of the King and in the case of Commoners every Man of the 12 must agree to the Verdict freely without compulsion fear or menace else it is no Verdict Whether the case of a Peer be harder I will not determine Our Ancestors were careful that all men of the like condition and quality presumed to be sensible of each others infirmity should mutually be Judges each of others lives and alternately tast of Subjection and Rule every man being equally liable to be Accused or Indicted and perhaps to be suddenly judged by the Party of whom he is at present Judge if he be found innocent Whether it be Lord or Commoner that is Indicted the Law intends as near as may be that his equals that Judge him should be his Companions known to him and he to them or at least his Neighbours or Dwellers near about the place where the Crime is supposed to have been committed to whom something of the Fact must probably be known and though the Lords are not appointed to be of the Neighbourhood to the Indicted Lord yet the Law supposes them to be Companions and personally well known each unto other being presumed to be a small number as they have anciently been and to have met yearly or oftner in Parliament as by Law they ought besides their other meetings as the hereditary Councillers of the Kings of England If time hath altered the case of the Lords as to the number indifferency and impartiality of the Peers it hath been and may be worthy of the Parliaments consideration and the greater duty is incumbent upon Grand Juries to examine with the utmost diligence the Evidence against Peers before they find a Bill of Indictment against any of them if in truth it may put their Lives in greater danger It is not designed at this time to undertake a discourse of Petit-Juries but to consider the Nature and Power of Grand Inquests and to shew how much the Reputation the Fortunes and the Lives of English Men depend upon the Conscientious performance of their Duty It was absolutely necessary for the support of the Government and the safety of every Mans life and interest that some should be trusted to inquire after all such as by Treasons Fellonies or lesser Crimes disturbed the peace that they might be prosecuted and brought to condign punishment and it was no less needful for every mans quiet and safety that the trust of such inquisitions should be put into the hands of Persons of understanding and integrity indifferent and impartial that might suffer no man to be falsely accused or defamed nor the lives of any to be put in jeopardy by the malicious conspiracies of great or small or the Perjuries of any profligate wretches For these necessary honest ends was the institution of Grand Juries Our Ancestors thoughtit not best to trust this great concern of their Lives and Interests in the Hands of any Officer of the King 's or in any Judges named by him nor in any certain number of men during life lest they should be awed or influenced by great men corrupted by bribes flatteries or love of power or become negligent or partial to Friends and Relations or pursue their own Quarrels or private Revenges or connive at the Conspiracies of others and indict thereupon But this trust of enquiring out and Indicting all the Criminals in a County is placed in men of the same County more at least than Twelve of the most honest and most sufficient for Knowledge and Ability of Mind and Estate to be from time to time at the Sessions and Assizes and all other Commissions of Oyer and Terminer named and returned by the chief Sworn Officer of the County the Sheriff who was also by express Law anciently chosen annually by the people of every County and trusted with the Execution of all Writ and Processes of the Law and with the power of the County to suppress all Violences unlawful Routs Riots and Rebellions Yet our Laws left not the Election of these Grand Inquests absolutely to the Will of the Sheriffs but have described in general their Qualifications who shall Enquire and Indict either Lore or Commoner They ought by the old common Law to be lawful Liedgâ— people of ripe Age not over aged or in firm and of good Fame amongst their Neighbours free from all reasonable suspicion of any design for himself or others upon the Estates or Lives of any suspected Criminals or Quarrel or Controversie with any of them They ought to be indifferent and impartial even before they are admitted to be sworn and of sufficient Understanding and Estate for so great a Trust The ancient Law-Book called Briton See Brit. p. 9 and 10. of great Authority says The Sheriffs Bailiffs ought to be sworn to return such as know best how to enquire and discover all breaches of the Peace and lest any should intrude themselves or be obtruded by others they ought to be res turned by the Sheriff without the Denomination of any except the Sheriffs Officers And agreeable hereunto was the Statute of 11. See 11. Hen. 4. H. 4 in thnse words Item Because of late Inquests were taken at Westminster of persons named to the Justices without due Return of the Sheriff of which persons some were outlawed c. and some fled to Sanctuary for Treason and Felony c. by whom as well many Offenders were indicted as other lawful Liedge people of the King not guilty by Conspiracy Abetment and false Imagination of others c. against the course of the common Law c. It is therefore granted for the Ease and Quietness of the People that the same Indictment with all its Dependances be void and holden for none for ever and that from henceforth no Indictment be made by any such persons but by Inquest of the Kings Liedge People in the manner as was used c. returned by the Sheriffs c. without any denomination to the Sheriffs c. according to the Law of England and if any Indictment be made hereafter in any point to the contrary See Cooke Instit 3d
know from the Prosecutor to what they must answer and have agreed and acquainted each other with the tales they will tell and have resolved to be careful that all their answers to cross Interrogatories may be conformable to their first stories And if these relate only to words spoken at several times in private to distinct Witnesses in such a case Evidence if given in open Court may seem to be very strong against the person accused though there be nothing of truth in it But if such Witnesses were privately and separately examined by the Grand Inquest as the Law requires and were to answer only such questions as they thought fit and in such order as was best in their judgments and most natural to find out the Truth of the Accusation so that the Witnesses could not guess what they should be asked first or last nor one conjecture what the other had said which they are certain of when they know beforehand what the Prosecutor will ask in Court of every of them and what they have resolved to answer if the Inquest should put them out of their Road and then compare all their several answers together they might possibly discern marks enough of falshood to shew that their Testimonies ought not to be depended upon where life is in question By what is now said the reasonableness of this Institution of Secrecy may be discerned in respect to the discovery of Truth and the protection of the Innocent from malicious Combinations and Perjuries Yet the same Secrecy of the Kings Council is no less necessary to reserve the guilty for punishment when the Evidence against any party accused is not manifest and full it may be kept without prejudice under Secrecy until further Enquiry and if sufficient proof can afterwards be made of the Offence an Indictment may be found by a Grand Inquest and the party brought to answer it But when the Examinations are in open Court or the Kings Councils any other way divulged and the Evidence is weak and less than the Law requires 't is not probable that it will be more or stronger and should an Indictment be found and the party tried by a Petit Jury whilst the Evidence is not full they must and ought to acquit him and then the further prosecution for the same Offence is for ever barred though his guilt should afterward be manifest and confessed by himself From hence may certainly be concluded that Secrecy in the Examinations and Enquiries of Gr. Juries is in all respects for the Interest and advantage of the King If he be concerned to have secret Treasons Felonies and all other enormities brought to light and that none of the Offenders should escape Justice if the gain of their Forfeitures be thought his interest which God forbid then the first notices of all dangerous crimes and wicked confederacies ought to be secretly and prudently pursued and searcht into by the Grand Inquest The accusers and Witnesses ought not to publish in a Court before a multitude what they pretend to know in such cases until the discretion of so many honest men of the neighbourhood hath first determined whether their testimony will amount to so good and full Evidence that it may be made publick with safety to the King and People in order to Justice Else they are obliged by Oath to lock up in their own breasts all the circumstances and presumptions of crimes until they or such as shall succeed in the same trust shall have discovered as they believe Evidence enough to convict the accused and then and not before they are to accuse the party upon Record by finding the Bills as it 's usually called But when Bills are offered without fatisfactory Evidence and they neither know nor can learn any more they ought for the King's sake to indorse Ignoramus upon them least his Honour and Justice be stained by causing or permitting such prosecution of his People in his own name and at his suit as shall appear upon their Trial and Acquittal to have been frivolous or else malicious designs upon their Lives and Fortunes If it should be said that whatsoever reasons there are for this Oath of Secrecy yet it cannot deprive the King of the benefit of having the Evidence made publick if he desires it and that the Grand Jury do not break their Oaths when the King or the Prosecutor for him will have it so 'T is not hard to shew that such Notions have no foundation in Law or Reason and seem to come from men who have not well studied the first principles of the English Government or of true Religion Whosoever hath learnt that the Kings of England were ordained for the good Government of the Kingdom in the Execution of the Laws must needs know that the King cannot lawfully seek any other benefit in judicial proceedings than that common Right and Justice be done to the People according to their Laws and Customs Their Safety and Prosperity are to be the objects of His continual Care and Study that being highest concern The greatness and Honour of a Prince consists in the Virtue Multitude Wealth and Prowess of his People and his greatest Glory is by the excellence of his Government so to have encouraged Virtue and Piety that few or no Criminals are to be found in his Dominions Those who have made this their principal aim have in some places so well succeeded as to introduce such a Discipline and rectitude of manners as rendred every man a Law unto himself As it is reported in the History of Peru Gar. de la Veg. Hist de los Incas that though the Laws were so severe as to make very small Crimes capital yet it often fell out that not one man was put to Death in a year within the whole compass of that vast Empire The King 's only benefits in finding out and punishing Offenders by Courts of Justice are the preservation and Support of the Government the protection of the Innocent revenging their wrongs and preventing further mischiefs by the terrors of exemplary punishments The King is the head of Justice in the esteem of our Laws and the whole Kingdom is to expect right to be done them in his several Courts instituted by Law for that purpose Therefore Writs issue out in his name in all cases where relief is sought by the Subjects and the wrongs done to the Lives or Limbs of the People are said to be done against the Peace of the King his Crown and Dignity reckoning it a dishonour to him and his Government that Subjects should not whilst they live within the Law enjoy Peace and Security It ought to be taken for a scandal upon the King when he is represented in a Court of Justice as if he were partially concerned or rather inclined to desire that a party accused should be found guilty than that he should be declared innocent if he be so in Truth Doubtless the King ought to wish in all Enquiries
made after Treasons Felonies c. that there were none to be found in his Kingdom and that whosoever is accused might be able to answer so well and truly for himself as to shew the Accusation to be erroneous or false and to be acquitted of it Something of this appears in the common Custom of England that the Clerks of the Kings Courts of Justice when any man hath pleaded not guilty to an Indictment prays forthwith that God would send him a good deliverance The Destruction of every Criminal â—s a loss to a Prince and ought to be grievous to him in the common regard of humanity and the more particular Relation of his Office and the name of Father The Kings Interest and Honour is more concerned in the Protection of the Innocent than in the punishment of the Guilty This maxime can never run them into excesses for it hath ever been lookt upon as a mark of great Wisdom and Virtue in some Princes and States upon several occasions â—o destroy all Evidences against Delinquents and nothing is more usual than â—o compose the most dangerous distempers of Nations by Acts of general Amnesty which were utterly unjust if it â—t were as great a crime to suffer the Guilty to escape as to destroy the Innocent We do not only find those Princes represented in History under odious Characters who have basely murthered the Innocent but such as by their Spies and Informers were too inquisitive after the guilty whereas none was ever blamed for Clemency or for being too gentle Interpreters of the Laws Tho. Trajan was an excellent Prince endowed with all hereical Virtues yet the most eloquent Writers and his best friends found nothing more to be praised in his Government than that in his time all men might think what they pleased Tacit. lib. 1. Hist and every man speak what he thought and he had no better way of distinguishing himself from his wicked Predecessors than by hanging up the Spies and Informers whom they had employed for the discovery of crimes But if the punishment of Offenders were as universally necessary as the Protection of the Innocent he were as much to be abhorred as Nero and that clemency which is so highly praised were to be lookt upon as the worst of vices and those who have hitherto been taken for the best of Princes were altogether as detestable as the worst Moreover all humane Laws were ordained for the preservation of the Innocent and for their sakes only are punishments inflicted that those of our own Country do solely regard this was well understood by Fortesâ—ue who saith Fort. de Laud. Leg. Ang. ch 27. Indeed I could â—ather wish Twenty Evildoers to escape death through â—itty than one man to be unjustly condemned Such Blood hath cried to Heaven for Vengeance against Families and Kingdoms and their utter destruction hath ensued If a Criminal should be acquitted by too great lenity caution or otherwise he may be reserved for future Justice from Man or God if he doth not repent but 't is impossible that satisfaction or reparation should be made for innocent Bloodshed in the forms of Justice Without all question the Kings only just Interest in the Evidence given against the party accused and in the manner of taking it is to have the truth made manifest that Justice may there upon be done impartially And if accusations may be first examined in secret more strictly and exactly to prevent Fraud and Perjury than is possible to be done in open Court as hath before appeared then 't is for the Kings benefit to have it so And nothing done in or by a Court about the Trial of the accused is for the King in the sense of our Law unless it some way conduce to justice in the case The Witnesses which the Prosecutor brings are no further for the King than they tell the truth and the whole Truth impartially and by whomsoever any others may be called upon the Enquiry or the Trial to be examined if they sincerely deliver the truth of the matters in question they are therein the Kings Witnesses though the accused be acquitted by reason of their Testimonies If such as are offered by the Attorney General to prove Treason against any man shall be found to swear falsly maliciously or for Reward or Promises though they depose positively facts of Treason against the accused yet they are truly and properly Witnesses against the King by endeavouring to prevent Justice and destroy his Subjects Their Malice and Villany being confessed or proved the Kings Attorny ought ex Officio to prosecute them in the Kings name and at his suit for their Offences against him in such Depositions pretended to have been for him and the legal form of the Indictment ought to be for their swearing falsly and maliciously against the Peace of the King his Crown and Dignity The Prosecutors themselves notwithstanding their big words and assuming to themselves to be for the King if their prosecution shall be proved to be malicious or by Conspiracy against the Life or Fortune of the accused they are therein against the King and ought to be indicted at the King's Suit for such Prosecutions done against his Crown and Dignity And if an Attorney General should be found knowingly guilty of abetting such a Conspiracy his Office could not excuse or legally exempt him from suffering the villanous judgment to the destruction of him and his Family 'T is esteemed in the Law one of the most odious Offences against the King to attempt in his name to destroy the Innocent for whose Protection he himself was ordained Qu. Elizabeth had the true sense of our Law Co. Inst 3d part p. 79. when the Lord Burleigh upon Sir Edward Coke her then Attorney's coming into her presence told her this is he who prosecutes pro Domina Regina for our Lady the Queen and she said she would have the form of the Records altered for it should be Attornatus Generalis qui pro Domina veritate sequitur The Attorney General who prosecutes for our Lady the Truth Whoever is trusted in that employment dishonours his Master and Office if he gives occasion to the Subjects to believe that his Master seeks other profits or advantages by Accusations than the common Peace and Welfare He ought not to excite a jealousie in any of their minds that confiscations of Estates are designed or desired by any of the King's Ministers whosoever makes such advantages to the Crown their principal aim in accusing are either Robbers and Murderers in the Scripture sense in seeking innocent Blood for gain or in the mildest Construction supposing the Accusation to be on good grounds they shew themselves to be of corrupt minds and a scandal to their Master and the Government Profit or loss of that kind ought to have no place in judicial proceedings against suspected Criminals but truth is only to be regarded and for this reason the judgments given in Court of