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judgement_n	according_a	judge_v	person_n	2,063	5	5.2344	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59002	The second part of the Peoples antient and just liberties asserted in the proceedings against, and tryals of Tho. Rudyard, Francis Moor, Rich. Mew, Rich. Mayfeild, Rich. Knowlman, Gilbert Hutton, Job Boulton, Rich. Thornton, Charles Banister, John Boulton, and William Bayly : at the sessions begun and held at the Old-Bailey in London the last day of the 6th moneth, and there continued till the 7th day of the 7th moneth next following, in the year 1670, against the arbitrary procedure of that court, and justices there : wherein their oppression and injustice are manifested, their wickedness and corruption detected, and the jury-mans duty laid open.	Rudyard, Thomas, d. 1692, defendant.; Moor, Francis, defendant.; Mew, Richard, defendant.; Penn, William, 1644-1718. People's antient and just liberties asserted, in the tryal of William Penn.; England and Wales. Court of Quarter Sessions of the Peace (London)	1670 (1670)	Wing S2312; ESTC R21970	50,633	70

the Inherirauce of any So that by the Law of the Land these pretended Offenders are still rightfully possessed of their own Houses and Places of publique Assemblies and their cruel Adversaries have no more Property Right Interest or due Claim therein or thereto then a Pirate has to the peaceable Merchant-mans Ship a Robber has to the innocent Travellers Purse or the Wolf to the Blood of the harmless Lamb And in case such Laws as these will not preserve that interest which those people have to their Inheritances and Properties we can none of us expect to have our Rights or Liberties Wives or Children yea or our lives secured unto us longer then pleaseth or liketh the Will and Pleasure of cruel and ravenous Adversaries It s worthy taking notice of that after the Jury had on so slight ground brought in T. R. amongst others guilty in manner and form how palpably the Court manifested their envy and malice in the Fines imposed upon him And though as is declared by the Statut● of 20 E. 3. cap. 1. That Justices shall do even Right to all people without shewing favour more to one then to another According to that just Law Lev. 19. 15. Ye shall do no Unrighteousness in Judgment thou shalt not respect the person of the Poor nor honour the person of the Mighty but in Righteousness shalt thou judge thy Neighbour Yet for a piece of written Parchment the value whereof was not 1 d. a thing whereof a Court of Justice could not take recognizance according to the Just Laws of this Land or dammages in case it had been taken away or profit to any man that could have it not appearing to be any neither indeed could there be to any person living No course of Law obstructed admitting all to be true of that Fact which the Mayor gave in or his Witnesses swore falsly to the Jury the cause of Justice against an Offendor not a moment prevented these painted Sepulchres or partial Inquisitors finded or censured him an hundred pounds although they had before convicted S. Allenbridge and finded him but five Mark for being principal yet too much for such an offence and T. Rudyard being as an accessary must be a hundred pounds whether this be just equal let the World be judge and to proceed from a person I mean the Recorder who has had for many years the Reputation of honesty and justice which its feared he carried about with him only as that aspiring Clergy-man did his Fishing Net which he caused to be laid aside so soon as he had procured a Cardinals Cap saying The Fish is caught And truly so may the City of London say of its Recorder who has not since he came to be Recorder manifest that candid and equal justice towards this City or Citizens in their publick concerns as was expected yea little but what first passes the stamp of our Sword Aldermen and Classis of the City Lievtenancy and since he by experience has found that sowing and dedicating his Law and Endeavours to their Designs is that which procures him the best and most fruitful Harvest he ever has been sedulous to plead and studdy that causr whose Actions may be the more clearer manifested to this City and Nation if weighed in the Ballance of Justice and Righ-teousness As Gods indignation rested on the Children of Israel till one Achans Thieft was discovered and punished so this City suffers sore Judgments till it has puged it self of these many Achan's that lodge in her Bosom not only Robbing her Inhabitans of Rights their Liberties and Properties but also her Chamber of her Treasure the poor Orphants Security Our Predecessors out of their prudence and care that equal Justice and Right should be done to all men by a Statute in the 18 E. 3. 3. appoint Judges an Oath wherein is this Charge And that you take not by your self or any other privily nor apertly gift nor reward of Gold nor Silver nor of any other thing that may turn to your profit unless it be Meat or Drink and of small value of any man that shall have any Plea or Process hanging before you as long as the Process shall be so hanging nor after the same Cause If the City Recorder hath forgotten this Oath his Crimes not the less in breaking it the Justice of it remains and all persons in Judicature are to do Justice to all and sell or deny it none and Bribery is such a Crime that its punishable where ever it s found and its hoped Justice may reach this Recorder if it appear that his Fingers have touched this forbidden Babulonish Garment But in order to Discourse of this so foul a Crime First See the Mark which such an Action leaves behind it Fortescue cap. 51 Bribery saith he is a great Misprission when any man in Judicial place takes any Fee or Pension Role or Livery Gift Reward or Brocage of any Person that hath to do before him any way for doing his Office or by Colour of his Office but of the King only unless it be of Meat and Drink and that of small value upon divers and grievous Punishments Saith Cook This Word Bribery cometh of the French word Briber which signifieth to Devour or Eat greedily applyed to the devouring of a Corrupt Judge of whom the Psalmist speaking in the Person of God saith Qui devorat plebem meam sicut escam panis Qui cognoscit faciem in judicia non bene facit iste pro buecella panis deserit veritatem In the 23th year of E. 3. Sr. William Thorpe chief Justice of the Kings Bench for taking of four Persons 50 l. against his Oath was tryed and judged upon his acknowledging the Fact to be Hanged c. Cook further sets forth That this Offence of Bribery may be committed by any that hath any Juditial Place or Ministerial Office either Ecclesiastical or Temporal Non accipies personam nec munera and the reason is exprest by the holy Ghost quia munera excaecant occulos sapientium et mutant verba justorum If Bribery hath so great force as to blind the Eyes of the wise Judg and to change the words of the Just Beatus ille qui excuit manus suas ab omni nerae Judex debet habere duos Sales salem sapientiae ne sit insipidus et salem conscientiae ne sit diabolus Though the Bribe be small yet the Fault is great and this appeareth by a Record in the reign of E. 3. Quia diversi justiciarij ad audiendum terminandum assignat ceperant de Johan is Berners qui indictatus fuit 4 l. pro favore habendo die deliberationes suae finem fecerant domino regi per IV. M. Marcas So as they paid for every pound a Thousand Marks See before Sr. Wil. Thorps Case Rot. Par. 7. R. 2. The Chancellor was accused of a Bribe of ten Pounds and his man four Pounds and certain Fish

the rest of the Prisoners whom they had sworn to try and deliver according to Evidence Thereupon most Arbitrarily and Illegally against our Fundamental Laws Magna Charta the great Preservers of our Lives Freedom and Property This Court imposed Fines of forty Marks a piece upon every of the Iury men and committed them to the Goal of New-Gace until they should pay the same Which Proceedings are Innovations in the tryal of men for their Lives and Liberties and the usage of such arbitrary and illegal Power is of dangerous consequence to the Lives and Liberties of the people of England and tends to the introducing of an Arbitrary Government as was resolved by the high Court of Parliament of England Decemb. 11. 1667. in the Case of Iustice Keeling All Ages have had a venerable esteem of Juries and the Fact per duodecim liberos legales homines by and lawful men is very ancient saith Cook 1 Inst saith he hear what the Law was before the Conquest In singulis centuriis commitia Sancto atque libere conditionis viri duodeni aetate superiores una cum praeposito sacra tenentes Juranto c. Twelve just and honest grave men were to be in every hundred to judge their Neighbours And thereupon in affirmance of this upright Way of Trials by twelve men were the Charter of our Liberties made and from time to time confirmed and how this Trial excels others and wherefore other Countries have them not see Fortescue cap. 25. and 29. And as one observes our English Laws have taken so great care to find out the true matter of Fact in issue That every one of the Jurors agree together in the matter in issue before they give their Verdict which is the Foundation on which the Judgment of the Court is grounded for Ex facto jus oritur as saith Cook 2. Inst 49. And in the 29th Chapter of our great Charter it s said No man shall be taken imprisoned c. but per legale Juditium by lawfull Judgment of his equals shewing that anciently the Jurors were sole Judges to pronounce and give judgment against their Neighbours and such whom they had in charge according unto that Myrror of Justice written by Andrew Horn in the time of Edw. 1. chap. 1. Sect. 3. It was assented unto that free Tenants should meet together in the Counties Hundreds and the Lords Courts if they were not especially exempted to do such Suits and there judge their Neighbours Hence we may observe and impartially conclude 1. That a Jury of twelve men are and anciently were the proper Judges of their Neighbours Actions Mis-deeds or Mis-carriages which is founded on Reason equity because the Neighbourhood is best acquainted with and has the most certain knowledge both of the Persons and Actions there done and Acted 2. The Law requiring that twelve good and honest men should agree as one before they determine their Neighbour to be guilty or not guilty of the Fact or Matter charged against him shew us not onely that the Fundamental Laws of this Land have appointed its Inhabitants mercifull Judges but also such who should be the proper sole and ultimate Judges in the matters charged against any man to acquit or condemn according to the Laws as in their Consciences they should find Equitable Just and Righteous 3. The high Esteem our Ancestors have ever had of these twelve Righteous Judges in former Ages bespeaks the little regard and honour that the Recorder of London the Mayor and his Brethren have shewed to their Predecessors and Antiquity as also their low Esteem of the English-mans Liberties which in all Ages and Generations have been mostly preserved and secured by weighing mens Actions in the equal Ballance of their Good and Honest Neighbours Judgments 4. We may observe how little regard this Court has had of the performance of such Oathes which they impose upon men at pleasure for notwithstanding they had sworn twelve good and lawful men of the City of London Well and truly to try and true deliverance make between the King and the Prisoners at the Bar Yet they refuse and deny these Jurors to perform that Oath which they had so solemnly taken manifesting to the World that the Bench assumes a Power and Jurisdiction equal with the Church of Rome to enforce and absolve from Oaths and Covenants at their Wills and Pleasures 5. It s most apparent how little this Court minded or regarded their own Duty Oaths Commission to do Equal Law and Execution of Right without respect to persons according to the Laws of this Land For when the Prisoners had given their consent to be tryed and the Jury had sworn to try without and against the consent of both or either of them or any Act done whereby Common Right should be denied the Prisoners or Justice to the Jurors to seperate them each from other is such a piece of Tortious Justice which there is no Law or Custom of England can or will justifie or maintain 6. We cannot but own and acknowledge the Parliament of the Commons of England their industrious care and prudence to preserve our Lives and Liberties from the violence of Usurpation and practice of Arbitrary and Illegal Powers over Juries who are sworn to try and deliver their Neighbours according to Evidence of Fact committed And since once in their prudence they thought meet just and righteous to check the Author of such Arbitrary Innovations as fining of Jurors for their Verdicts we hope they will take occasion at this time to manifest their care and tenderness of the People of England whose Representatives they are in bringing these latter Malefactors to condign punishment that for the future Justice may run down its proper Channels be faithfully executed and equally dispenced according to our Antient and Fundamental Laws and the Laudable Customs of this our Land Whilst the Recorder thus treated this Jury of the Citizens of London the Sheriffs had summoned a new Pannel to appear at Justice Hall the 5th of the 7th Moneth the Prisoners on whom the former Jury had sworn to pass their Verdicts upon viz. John Boulton William Bayly Fra Moor Tho. Rudyard c. were called again into Court in the afternoon and each of them fined as formerly twenty Nobles a piece for their Hats A President or Foundation for such Judgments Fines and Amercements we challenge the Cities Recorder and the conceitedly learned Mayor to shew or make out to the World by the Laws of England So soon as the Recorder had finished or passed these new sort of Judgments or rather Inquisitory Censures upon or against the Prisoners He purused the Pannel of the last summoned Jury and gave directions to the Clark to call them over who as it was observed pickt here and there such persons that were judged the most likely to answer the malicious Ends and horrid Designs of that Bench calling not the Iury-men in order

Allenbridg were punishable by Law for the House mentioned in the Indictment might be Vincent's dwelling House so Burglary to break into it without lawfull Warrant Then as to the Evidence to the first Indictment 1. No proof that Grove ever read the Indictment which indeed he could not against S. A. so he swore peremtorily upon the Clarks information which was a false Oath 2. That T. R. took the Bill out of Lee's hand could not be for the Officer keeps the Bills of Indictments when the Witnesses are sworn and not the Clark of the Peace 3. Improbable that Grove should know that Bill amongst so many more but impossible that he should see the Bill taken away knowing it and not mention one word of it all that day no not when the Bill was pretended to be wanting 4. Not sworn he took it out of Court 5. Not sworn that Justice or that any course of Law was hindred against S. A. 6. As to the acknowledging the Indictment to Tillot it was not three hours before the Trial who asking T. R. whether he ever read the Indictment T. R. answered he did and left it in Forman's hand why that 's enough said Tillot the Mayor sent for me to swear it which I could not do before 7. If T. R. had taken the Bill it could not benefit S. A. or hinder the Prosecutor 8. That T. R. should hazard his reputation in a thing of no value wherein he could neither advantage his Friend nor prejudice his Enemy could not stop the proceedings half an hour yea in a quarter another might have been written and preferred is very improbable 9. It s most apparent that if Grove did not perjure himself in swearing such a Bill was drawn against S. A. he having neither read it or had copy of it he or the Mayor or some of the Confederates must themselves have concealed the Bill and kept it in their own custody else N. Grove could not swear to it one of which must necessarily be As to the 2d Indictment the words there pretended to be spoken 1. If true were not advising Grove to do an Action but telling him that we would go c. so nothing being done in prosecution of the words it was only discourse 2. Not sworn that the advise was taken 3. Improbable that T. R. should thus discourse to a Stranger whom before he had never seen 4. That he should undertake to go to Tanner that was as much a Stranger to him 5. T. R. never came afterward to Grove nor spoke with Tanner but S. Allingbridge was tryed and convicted the very same Week in an Adjournment of the same Sessions Now whether there was either sufficient Cause for an Indictment or apparent Proofs to Evidence the Truth of these upon which T. R. was tryed or whether all these pretented Crimes and Misdemeanours were not the product of the Mayors malicious envious and inveterate spirit causlesly carryed on against him who not only appears to be the first Informer but the Maintainer and Prosecutor of the Quarrel as also Evidence and Judge upon let every unprejudiced person seriously considering give his Judgment The Jury was commanded to withdraw which for the formalities sake they did and not longer staying then about a quarter of an hour returned again and brought in the nine persons that were tryed guilty in manner and form as they stood indicted which some of these Jurors had over their Cups sworn they would do if ever they come to try the Quakers John Boulten and William Bayly were the last called to their Trial who were indicted several For that they such a day and year and place with Force and Arms c. with Two hundred more Persons were assembled together to disturb the Kings Peace and being so assembled they unlawfully took upon themselves to Preach and Teach to the People then and there assembled and congregated by reason whereof a great concourse of People did remain together in contempt of the King and his Laws to the disturbance of his Peace to the terror and disturbance of his Subjects unto the evil example of others and against the Kings Crown and Dignity c. Not guilty being pleaded the Informers Evidence being produced swore That they saw or heard them speak or preach to the People which was sufficient for the Court to make out the whole Indictments for the Recorder said the Jury were only Judges of matter of Fact so that if the Jury have Evidence they Spoke or Preached the Court sayes that must be with Force and Arms unlawfully and tumulruously to disturb the Kings Peace and that Tumults of People were occasioned thereby and continued together in contempt of the King and his Laws to the disturbance of his Peace terror of his People evil Example of others and against the Kings Crown and Dignity A ready way to perjure Jurors and oppress the Innocent These are the Concomitants of Speaking in the Name of the Living God and worshipping him in the Wayes of his own appointments And although the Prisoners desired to see the Law that their Adversaries pretend they have broken they shall have neither that nor reason produced that might give satisfaction either to the Prisoners or Spectators the Lord Cook gave this as a Rule viz. Incivile est parte una perspecta tota re non cognita de ca Judicare That it was uncivil seeing only one part to give Judgment on the whole matter Yet how little regarded these Jury men or the Court to know the whole matter before they gave Judgment upon the whole Charge Surely this Jury was packed to be cut-throats to their own Liberties and Reputations also or else they would have better regarded what they undertook to find guilty every one in manner and sorm and yet not the tenth part of any Indictment proved to be sworn truely to try according to Evidence and yet to find that for which no Evidence was given Is it possible that they should commit this horrid perjury out of a slavish fear debaucht principle and horrid partiallity and yet be quiet from the terrors of Conscience nay for which we are sure they cannot free themselves without serious repentance At the close of the Sessions all the Prisoners who had been found guilty by this Jury of the Benches were called down to the Sessions-House where all day they expected to be called into Court to receive Judgment being prepared also to give in their Exceptions in Arrest of Judgment purposed to be delivered to the Recorder in writing but of this expected Defence they were all prevented the Bench giving their Judgments or Censures without calling any of the Prisoners to hear them the Tenor of which as appears by the Newgate Book are in this manner John Bonlton fined forty Mark William Bayly fined thirty one pound thirteen shillings four pence William Penn forty Mark Francis Moor fined twenty Mark Richard Mew Richard Mayfeild Rich. Knowlman Gilbert Hutton Ric. Thornton Charles

him it is a Trespass and the Goaler shall be answerable for it So that we may undeniably conclude That there is no Fee at all due to any Goaler or Guardian of a Prison from the Prisoner but what is due unto him by special Act of Parliament And if a Goaler or Guardian of a Prisoner shall take any thing as a Fee of his Prisoner he may and ought to be Indicted of Extortion and upon conviction to be removed from his Office and if his Prisoner by Constraint Menace or Dures be enforced to give him Money he may recover that Money against the Goaler again in an Action of the Case at Common Law Item The King Considering the great Perjury Extortion and Oppression which be and have been in this Realm by his Sheriffs Under-Sheriffs and their Clarks Bailiffs and Keepers of Prisons c. hath ordained by Authority aforesaid in eschewing all such Extortion Perjury and Oppression that no Sheriff shall let to Farm in any manner his County nor any of his Bailiwicks Nor that any of the said Officers and Ministers by occasion or under colour of their Office shall take any other thing by them nor by any other Person to their use profit or avail if any person by them or any of them to be arrested or attatched for the omitting of any Arrest or attachment to be made by their Body or of any person by them or any of them by force or colour of their Office arrested or attatched for Fine Fee Suit of Prison Mainprise letting to Bail or snewing any Ease or favour to any such person so arrested or to be attatched for their Reward or Profit but such as follow that is to say For the Sheriff 20 d. The Bailiff which maketh the Arrest or Attachment 4 d. And the Goaler of the Prison if he be committed to ward 4 d. And that all Sheriffs Bailiffs Goalers or any other Officer or Ministers which do contrary to this Ordinance in any point of the same shall lose to the party in this behalf indammaged or grieved his trebble Dammages and shall forfeit the sum of 40 l. for every such Offence the one moiety to the King the other to the Prosecutor to be Recovered at Common Law in either of the Courts of Kings-Bench or Common-Pleas at Westminster This is a perfect Account of the Goalers Fees in all Cases where persons are laid in Prison upon Civil Matters and Causes which Fee of 4 d. is more then any other Statute or Law allows them to take from their Prisoners But in such Cases where the King is party it s stablished That the Prisoners in all the Kings Prisons should be maintained at the Kings Charge and out of the Kings Revenues according to the old Law of the Land much less to have Money extorted from him by the Goaler But look into the Prisons in and about the City of London what horrible Oppressions Extortions and Cruelties are Exercised upon the Free-born People of England yea in most Prisons throughout this Kingdom Which excessive Amercements and Fines after all their other Partial Dealings Lawless Proceedings and Arbitrary Carriages towards the Prisoners from first to last do manifest and evidence to the World their Malice and Envy against an Innocent Upright Quiet and Peaceable People What proportion is there here betwixt the pretended Fault and the assessed Fine provides not the fourteenth Chapter of the Great Charter against such uniust Judgments and partial Censures which declares A Freeman shall not be Amerced for a small Fault but after the quantity of the Fault for a great Fault after the manner thereof and the Amercement shall be assessed by the Oath of Honests Men of the Vicinage H●●e's Justice and Equity Righteousness in Judgment which affords every man Common Right declares That all Offenders ought to be Amerced by their Neighbourhood according to the quantity of the Trespass Wherein have these Judges who are commanded by the Statute of 25 E. 1. Confirmed by Pet. Right 3 Car. 1. allowed the Charter before them in Judgment in all its Points c. It may truly be said that our ancient just and fundamental Laws which Cook on the 14th chapter of Magna Charta calls a Law of Mercy are as the same Author there writes now turned into a Shaddow for by the Wisdom of the Law these Amercements were instituted to deter both Demandants and Plaintiffs from unjust Suits and Tenants and Defendants from unjust Defences which was the Cause in ancient time of fewer suits but now we have but a Shaddow of them Habemus quidem senatus consultum sed in tabulis reconditum tanquam gladium invagina repositum Yea our antient Charters are as a Sword in its Sheath which if drawn are and will be sufficient to defend us against all Injustice Tyranny or Oppression whatsoever But it s often objected by many of their Aversaries That the Publick Meeting Houses wherein the People called Quakers are and have been of late accustomed to meet in and assemble themselves together and out of which the Military Forces do from time to time hale and expel them and by force keep and restrain them from entrance are by Orders of the King and Council invested and stablished in the now King and that he has right to dispose of them as his own Inheritance yea to pull them down sell and burn the material of them as his inferiour Officers have lately dove by some about London and thereupon such who come there to assemble together are Trespasser● Rioters Routers and unlawfull Assemblies and as such are rig●●ly and duely punished according to the Laws To which is answered That by the Ancient and Fundamental Laws which have been already recited as the 29th of Magna Charta There is no mans Right Property or Free-hold shall be taken away from him but by trial of a Jury and the Law of the Land Read Stat. 2 E. 3. 8. 5 E. 3 9. 14 E. 3. 14. 28 E. 3. 3. Regist sol 186. Cook pla sol 4. 56. Cook 2 Inst 45. 3 Inst 136. And set a Statute of latter date 17 Car. 1. cap. 10. Entituled An Act for Regulating the Privy-Council c. which speaks in this wise Be it likewise declared and enacted by the Authority of this present Parliament That neither his Majesty nor his Privy Councel have or ought to have any Jurisdiction Power or Authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examined or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdom but that the same ought to be tried and determined in the Courts of Justice and by the ordinary course of Law Also Learned Cook in his 2 Inst sol 36. saith The Common Law of which the great Charter is Declaratory hath so admeasured the preragative of a King as he cannot take or prejudice

Questions which often of late I have had upon my thoughts to propound to you or some Practitioner of the Law that would be plain with me Stud. Offer what you think meet and I will endeavour to give you that satisfaction you desire Cit. Since Jurors are thus of late Menaced Threatned Fined and Imprisoned by our Recorder at the Old-Baily pray wherein lies their Priviledge or Safety What say the Fundamental Laws of England to such Practices Stud. The Jurors Priviledges and every English-mans by them as they are very Considerable so the Laws have very well Guarded them against Usurpation as I shall shew you Cit. But pray first let me know their Antiquity I have heard it said That Tryals by Juries have been of long standing in this Nation Stud. Their Antiquity no one knows but all Authors agree that they have been very ancient Cook the Oracle of our English Laws writes That long before the Conquest it was ordered That in every Century there should be twelve good and honest men to judge c. And Cambden in his Britania correcteth Pollidor Virgill for saying William the Conquerer first brought in this way of Tryal affirming that it was most certain and apparent by the Laws of Etheldred that such Tryals were in use many years before Which Horn in his Mirror of Justice written in the time of E. 1. doth well confirm and assure us Cit. But what say the Law-Books of later date and our Predecessors in later years about them Stud. When the great Charter of our English Liberties in the 9th year of H. 3. was made and put under the great Seal of England then were these Tryals by Juries confirmed down to us and therein it was stablished That no Amercments should be assessed upon any man but by the Oaths of good and lawful men of the Vicinage And also that no Free-man of England should be imprisoned in his Person or destroyed in his Estate and Liberties without the Lawful Judgment of his Equals which Charter has been confimed by thirty two Parliaments and now stands firm to justifie and maintain the freedom of this sort of Tryals which Cook calls the Subjects Birthright And which I must say is the only Preserver of our Lives Freedom and Property as you may read the Book of the Tryal of W. P. and W. M. last Sessions Cit. I am very well Satisfied in this point but pray what sayes the Law about menacing threatning fining and imprisoning of Jurors as before I mentioned to you Stud. As to the menacing and threatning language which that Bench gave the Jurors it only evidenced and manifested to the world their Envy and Malice against the Prisoners that the Jury had in charge and so may be said also of their fining and imprisoning of the Jury afterwards Cit. Hath a Court then no power by the Law to fine and imprison a Jury Sutd We find in our Law Books or Books of Cases that Jurors have been fined by a Court for these following matters 1. If a Jury man take money from the party to be tryed before or after he be sworn 2. If they receive any Writings from the persons they have in trial 3. If a Jury man appear and then depart before he be sworn is a contempt of the Court. 4. If a Juror after he shall be sworn depart from his Fellows before they deliver in their Verdict 5. If Eleven Jurors shall give in their Verdict without or against the consent of the Twelfth 6. If a Jury eat or drink after they are gone from the Bar and before they bring in their Verdict This I suppose is meant where the Court will accept of the Verdict when the Jurors tender it And for such like Misdemenors as these they have been Fined and Imprisoned but how Warrantable is a Query Cit. As for these Miscarriages you have instanced it seems reasonable they should be punished which no honest man will be found guilty of neither do I fear to suffer for such like misdemeanors But what say you to the fining a Jury for giving in a Verdict according to their Consciences yet pretended by the Court to be contrary to Evidence Stud. To fine them at all is an abuse though it has been long practised but to fine them for giving their Verdict according to their Conscience such practices are very much against Law and Reason too For a Jury of twelve men are by the Laws the only proper Judges of matter in issue before them as for instance 1 That Evidence which is delivered to induce a Jury to believe or not to believe the matter of Fact in issue it s called Evidence because the Jury may out of many matters of Fact evidere veritatem that is so clearly the truth of which they are proper Judges 2d When any Matter is sworn Deed read or offered whether it shall be believed or not or whether it be true or false in point of Fact the Jurors are the proper Judges 3d Whether such men met together intentionally to do such an Act or not the Jurors are Judges for the Court is not Judge of these matters which are Evidence to prove or disprove the thing in issue Cit. What then is the Court to take con●sance of in the Tryals of mens Liberties and Properties Stud. The Court as their duty is are to do equal Justice and Right so they in such Tryals do direct whether such matter shall be admitted to be given in Evidence or not such a Writing read or not or such a man to be admitted a Witness or not and this belongs to the Judgment of the Court as they are upon their Oaths to see Justice done twixt party and party Therefore has the Common Law ordained That matters of Fact which are drawn to an issue shall be tryed by Jurors and matters of Law upon a Dem●rr●r special Verdict c. by the Justices according to that Rule or Maxime of Sr. Ewd. Cook Ad Questionem facti non respondent Judices it a ad questionem leg is non respondent Juratores The Justices meddle not with matter of Fact nor Jurors with matter of Law So it s the Jurors Office to find veritatem Facti the truth of the Fact in issue and the Court to give Judgment accordingly By which we may see the Wisdom of the Law in referring things to persons in which they have conusance and are most expert according to that Maxime Quod quisque norit in hoc se exerceat Cit. According to this Account you have given me of the Duty and Office as well of the Court as the Jurors the Law seems to have dealt justly and equally betwixt them both But one Question further pray Whence is it that Jurors are summoned of their Neighbourhood where the Fact is supposed to be done or acted Stud. As the Common Law of this Land is nothing else then Common Right pure and tryed reason so it never