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Show Truth Refcued f!'om Impofture. VoL. I. ' Fir!\ Day of the next Term : They appeared >Ccordingly, and t~e Courr • dite&ed an Information ag:1inft them, and upon th:u they were Fmed. · Upon which S. S. conclude~, The Flfling of ]tt~orr, that find conlrary /() their Evi~enu, Uno Innovation, but always praOifed, apd that by at Learned Judger, fU ever En~land bad. We fhaO not n\uch tnfi!l upoh the Imparity of this Ia!\ Cafe in it's Points, to that in Hand, being of little farther Ufe than to m::mrfefi: the Ignorance and Falfity of o\lr Author, fo only f3y this tO ,ir, . , ( r . ) See his Ignorance, t~at appears ~y hts own {howt~g. Leecb~. Jury, (fays he) were Fi_ned upon an. Information brought agamfi: them _m the King's Bench, whtch mu.ch vanes from the Cafe of Edw. ~~~foe~, &c. 10 that they were Arbitrarily Fmed by th7 Bench ar the Old·&uly, wuhout Infor· mation or Matter of Record, or bemg brought ro .anfwer by any Procefs of Law, ex~refiy :tgainft the Stat. 1:) E. 1· cap. ; . ( 2. ) See 1he il!lpudent Falfiry of rhis Libeller; it's acknowled~ed that Leech, with Five other Ju.ry-Men,ofwhom were li11thony Selby, Otlman in P11tldi11g·Ltne; Edward Brijcoe in Lotbbury; --Brown, a Dyer in Th~JmesStreer, Londt>n, &c. Perfons of Good Reputation, and well known in (his City, were (as S.S. alledges) bound to afpear in the King's-Ben<b, by R. HJde then Chief Juftice, who after many fou Reproaches and daring Menace• ro thofe Citizens of Undon, (as is too frequent a Praflice in that Court) com· manded an Information to be exhibited j)gainft them in the Crown-Office, for acquitting fame !!._Malurr, who were given them in Charge ar the Old· Baily, to wbi'h they all willingly appeared; but that they were fined thereon (as aiT'erted by S. S.) is a moft Horrid TJmruth ; for Hyde never after· wuds in his Life~ Time was fo hardy to profecute the fame to Trial; nor had J. K. his Succefl'or fo much Courage to compleat his Predeceffor'sEnterprize, but prudently furceas•d the Suit : So this Cafe cited by S. S. is but like the reft of his Authorities. with whic:h he would patch up and f:the his Patron's illegal and arbitrary Procedures. But that we may come more clofely to the Point in Hand, Fir!l, \Ve ah· folutely deny S.S. his Conclufion, and do affirm, that as well the Fining and Imprlfoning, as otherwife punifhing a Jury of Twelve Men (lmpannelled to try, f!/ c. betwixt the King and a Prifoner) for giving a Verdifl accord· ing to their Confcience, though (in the Senfe of the Bench and Jufticcs in Eyre) contrary to Evidence, is an Innovation, and the PraEtife of it againft Reafon, the Law of England, and the Liberties bf it's Freeborn People. This Point is fo confiderable, that I may f:ty and affirm, That the faireftFlower, that now grows in the Garden of the Englijhmml's Libenies, is a fair Tryal by his Peers, or Twelve of his Neighbours, which fa much Arti· fice and Violence is ufed, by the wild Boars of our Age, ro pluck up by the Rootr. In order to its Defence and Security, let us firft remove th:tt Grand Olr ieelion of our Adverfary, which he makes a Foundation for his after Super· ftrufiure of Violence and Oppreffion ; And that is from the 29th Chapter of the Great Charter, on thefe Words, Or by tht Law of the Land, im'imating therefrom, that by, (or by the Law of the Land) is me:~.nt fame other Judges, Judicature, or Jurifdiflion, than Judgment of Peers, as .in the third l'age of his Pamphlet. The Judgment of Cook, (2 ln!lir. )o.) an undeniable Author. and Au tho· rity, may ferve to clear the Point, who writes thus upon his Expofition on (per legem terr") Fir!\, For tbt True Senft nnd Expofition of tbtfe Wordr (fays he) See tb< Stawre of n £. 3· cap. 8. where the Wordr, By the Law of the Land, are rendre~, without due ProcefrofLaw. '!lllr there it i1 .faid, though it /Je con~ ttJined m tbe Grea~ Charter, tbat no Man be taken, imprifoned, or [Jill out of bH Freehold Without Procefr of Lilw, tbtJt H, by !ndiOI/Ienr, or Prtjrnt· mtllt of Good and Lawful Men, tJJbue fJJch Deedt brd011e in due iHanntr, til' by Writ Original of the Comm•n L.w. ~E. 3· & 4• Secondly, VoJ.. I. Truth Rejcued from Impollure; Second ly, Wit bout bei11g brought in to anfuer bur b'} aile P. .r ,r Coi111'1Jon L rJW. ' r Otf.Js OJ the. 1670. . Th~1dly, No .Man be put to onfwer wit hout Prefentment before }u·~ic; ~ or Thllfg of Rtcort/, ar by due Pro'tifs, or by Writ Origi'tral accor'd" '1~ ''bJ\ old L.w of th~ Land. 28 E. ;. 3· 37 E. 3. 8. ,12 E. l· l• ' mg to 1 • , By whiCh IS molt apparent to tvery Reafi:>n~ble Underftandin th b ' rbe Words (o~ by tbe Law .of tbe Land) is not meant ot~et Ju~lrdttl~o!' Judg~ .or JudiCature (w.heretn, or where&y any Man is to be tryed,) as ss•· ~ou.ld 1g~oramly have tt; but th::tt the Proceedings againft a Fteettlln '0T Englalfd, 10 or~er t-o me Judgment of his Peers', or. Twelve NPibhbou' !hall be accordmg to the Laws of the Land, as by Prefenrment I \j'n "'*'t f5c. ~7 E. 3. cap. a. , o t~..~.men. , And Cook declares, rha.t the faid 29th Chapter was but Declarator of;~ (}!d L flw of th~ Land, wh1ch. kneW"? pther J~g·ments, or Jurifilictfons fo~ ns Free lnhabJ.tants-, hut Legale ]11dzett1mparrum fuorum; neither have the Freemen of England heard of any fuc.b, except by tbofe Arbitrary JnnovaJ tors! w~o have felt the Smarr of thetr fore Oppreffions by th,e H G f Juihce, ~nd h:lve rece~ve~ ~ondign Punifhrnent, as du't Rewards f~; the~r J~troducmg of nc:w JunfdlaJon~, as the R~a'dc!~ may fee at large, Cook z In· 1ht. foL 51. Cook 4 In ft. fol. 41. And Iforn s Mtrrourof Juj/ia c § A~d rhts feafonabl~ Caveat an~ ~a~tion, Cook has left as a L;ga:rt~· (~ch TJme·Server~, 2!...11t eorum Vejltgm mjijf11nt, eoflmz exitrn pirbor.ref canr: . Thus hm•g SHAKEN HIS SANDY FOUNDATION, by the Stab·' ltfhed Fundallltntal Laws, and the Rej}onjis Pr11denrium, upon rhe Ancient Statures ~f En~lnnd, let us try the Strength of his Bubel-Superjlrull .b" the fame mfalhble Rules and Meafures. ure < Says S. S [The ! iping of 1urors btU_ b<en a/rJ!Jyr prnlliad,] as pag. JJ; .MtJw. ,!nily hts Prefcnpuon for Ttme is unqueftionabtc, .if be but rove by Aurhnn:f, what he barely affinns, but this l fear he will fall fhofc in: Does he bnng hiS Ex~mples, UJages or Cullpms (fo to Fine Jurors) from the Ttmes or La~s of .(llfrel, ..A.tbelflon, Edmund111, . Edgar, Canuru1, U -w~rd the Co~fdl'or~ Wrllu1111 the Fi'dt, Henry the FitR, Nob1e and Famous Pnnces of th.ts N.atton~ (ma!ly of wbofe Laws are yet in Force) from our Charter ofL1bernes, or AncJent Statutes of this Realm? N<fthing 1efs.. But fhould 1 grant .that he had brought a Precedent of btCr ftanding. to· count~ln.~e the late tllegal Procedure (as by Wagflaff's Cafe it appears he has) wdl It not defervedly fall under the Cenfure of a Tortious Uf:Jge (ha• vmg neither the Sra~ute:La~ of the Land, nor. Reifort, the Ground of the ~aw, to ~arrant or ]Ufttfle It) which .A.ndietd Hor!l, a Writer of the Law,. 10 the Retgn of E. L accounts no more of, Tban thofe of Thieve~ wboft' Vfages are to Rob and Steal, Mirrour of Juftioe, cap: 5. JeO. 1. ' .. And. that we may :is aptly fuir a Otfe ro our l.;ibelle~s, as he would have that of W~tg]laffs tQ anfwer us, Take a Rcfolve of a Court not inferior tc£ the Confi~enuum eflof th.e .K-Bench, whofe Reafon and Authbrity Wai n~ver fubJefted to the Opmton ?f three or four intereft~d Perfons, ·asS. S. by h1s hold Pamphlet would have tt: I mean the Padiamenli of ,the Commons' of F.ngland, who upon Ju!lice K- Flniog of WaJrfluff's Jury Refolved, That be ba.l ufcd nn ..A.rburmJ nnd Illegal Power wlii(b war of Dnngrrom Con_feq_Nence ro. rhe Livc1 an~ Liherrie1 of the Ptu/ te of 'England, and rentUJ. tot be rntroducrng of an L1rbJtraryGo1Jernment; n Dec. 1·670. Lib. afi'crred1 pag. 6c., 6r. Ji'!d rb~r ~be Precedent and PrafJice of Fi,inr and ImprifMiflg ]lilies for VerdJfis, 11 tllegal. Hence we may obferve, that (Illo die) England's Founrnin of ]Mflice, Wls clear and wholcfom, although the Rivnlets,"'or Ieifer Streams, might be trouhled and corrupted. . Therefore it's worthy our Obfervation, wliat Cook ( 4 Inftft, Epilog.) that Maller of Reafon (direCting himfelfto the fubordinare C6urts, or Seats of Jufiice faid, Quod fatius eft petere fontes,. quam fea'are rivulos (adding) That t bey jhoiild aff11rtdly proj}er nnd jlo11rijh in tht DiflribNtion of /f,a,u, u u u 2 if |