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peace_n find_v party_n surety_n 2,047 5 11.2266 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B08651 The case of the Earl of Macclesfield, against Mr. John Starkey, who while be served as a jury-man, published a malicious libel against the said Earl and others, contrary to law, and all pretence of colours from the office of jury-man. 1685 (1685) Wing C1066A; ESTC R173444 3,983 4

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they can do it by Law lest themselves should suffer in the like Case It is in Proof that no manner of Evidence was given before the Jury against more than one that Evidence very insignificant and yet even that was afterwards manifestly known to be false Besides there is full proof that this Presentment proceeded from a Conspiracy between Jefferies then Chief Justice of Chester who brought it from London ready drawn and five of the Jury who manag'd the rest threatning some and prevailing upon others with the Name of Loyalty for which end they brought a Message from Jefferies that it was expected for the King's Service Nor were they satisfied in presenting this Libel as their Act but published it to several others not of the Jury and procured their Hands to it but being so far sensible of their Error had it writ over again leaving out the other Hands These things make it demonstrable that the pretence of being Jury-men cannot give any colour to what they did And the Fact arising within the County upon which they grounded their Presentment makes the Malice of it undeniable As to the Suggestion of great quantities of Arms it was so far from true that not above two hundred were seized upon the most diligent search The real grounds were no more than that the Duke of Monmouth had great Respect paid him upon his coming into the Country in a peaceable manner being accompanied by most Persons of any Consideration and when the present Lord Delamere was chosen for the Shire a Paper without any Hands to it was delivered him the Original or true Copy of which they never saw wherein he was desired as Representative of the County in Parliament to vote for excluding a Papist from succeeding to the Crown which Paper is fully justified by the Bill of Rights declaring it inconsistent with the Safety and Welfare of this Protestant Kingdom to be governed by a Popish Prince How innocent soever these Particulars were so blind was their Malice against the said Earl that they inserted his Name though he had no Share in either of them and only entertained the Duke of Monmouth at his House But indeed their Malice to him was not singular for some others in the Presentment were not in the Country when those things hapned which they would improve into Treason It appears upon the face of the Presentment that it was nothing more than an Effect of the Design then carried on by Papists and others in conjunction with them to make distinctions of Parties among Protestants and to expose and oppress them who appeared most forward in asserting the Religious and Civil Rights of the Nation and whose Interest in their Countries made them formidable to the Conspirators This their Presentment was without Precedent but from one of the like birth about that since in Northampton-shire has no Foundation in Law and is manifestly contrary to the Duty of a Grand-Jury-man For 1. Here are many false and scandalous Matters maliciously insinuated as Causes of requiring Sureties of the Peace from the Persons presented and yet there is no direct Charge which ought to be contained in every Presentment and the want of it makes this a plain Libel designing only to defame and to encourage false Witnesses against some of the Persons presented who were then Prisoners in the Tower 2. All criminal Matters found by a Jury ought to be by Indictment upon Record in some Court that the Party accused may have means of Acquittal 3. Sureties of the Peace ought not to be required of any especially a Peer of the Realm but where an actual breach of the Peace or some Crime of an higher Nature is positively sworn 4. Though Jury-men may determine Matter of Law as it is coupled with Fact in Evidence before them they ought not to pronounce Sentence for Punishment of any Fact as here they do in requiring Sureties of the Peace though no Fact is directly laid against the said Earl and others If the Earl of Macclesfield should not be reliev'd in this Case it would be an Encouragement for Grand-Juries to libel any Peer in disfavour with his Prince as often as they shall be incited to it by Designing-Men And what is now the Case only of one Earl may be the Case of any or all the Protestant Peers of England if they should have the unhappiness to live in such Times as we are but lately delivered from Nor could the making an Example of a Grand-Jury-Man who has so evidently gone beyond his Office to serve a Turn against a Peer in the least discourage others from finding Indictments against Peers upon positive Proof or such as seems positive to them FINIS