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Show • sr6 Truth Rtfcuetl from Impoftore: Vot.. I. 1670; if tbty dtrivtd aU their PoUJtr •nd Strength from their proper Roots: Ad vi .. ~ fing them, Not to fear to do Right to a!J, and ts deliver their Opinions jufl!J tl&tording to the Lawr. Wagftaff's Cafe, 17 Car. 2.] This wholefom Advice, had it been hut timely received by J. K. might have prevented that Precedent of Oppreffion, quoted by our Author1 which rafh and unfdvifed Sentence of his the Parliament took Occafion fa co rebuke, though S. S. &c. to commend and .imitate. The Arguments and Reafons againfi Arbitrarr, Fining. of Jurors, refpetl a Twofold Inrereft, vir.. The Fre.edom of Jurors m Parncular, and the Freedom of the People of England 1n Gener3l, who are equa11yhutt and wound· ed by the Confequence of fuch Tortious Proceedings, as appears thus~ 1. Firfl, It's unreafonable Severity, that a Juror fhould be enforced to appear (}{o/enr t~ut volenr) at Affizes or Seffions of Peace, and there to be Sworn, Well and truly to Try, and True Deliverance milke, berwct11, &:c; tucording to Evidence; and when he hat Confcientioufly performed his Duty, (for which he teccives no Reward) to be Fined at the Will of a Mercenary Juftice. 2. Secondly, If a Court has Power Arbitrarily to Fine a Jury, that give not in a Verditt according to their Senfe of this or rhat Fat/ in Jffue, it muft be becaufe the Bench is prefumed to have a ful1er or nearer U"nderftanding of the Matter in Iffue, than the Jurors can, which is clearly otherwife in the Senfe of the Law; and appears in that the Juror'sSummonsisfor Per .. Cons (Ptr quos rei Veriras melitn fciri porerir) by whom the Truth of the Matter may be better known. · ;. Thirdly, If the Integrity and Honelly of Perfons judging ate to be efteemed of Weight, to evidence the Equality of the Judgment given ; then, furely Twelve Honell Men of the Neighbourhood, where the Offence (if any) was committed, arethemofi proper Judges; fince thar Twelve Men may neither be fo eafily corrupted as one Single Pcrfon, nor their Judgment of fuch Fa{], (Twelve Men ogreeing in One) fo likely to be Erroneous, as the flngle Apprehenfion of one. 4- Fourrb!y, If Sati1[aOion is to be made to a Party grieved, how can it be done more fully and equally, than at the Choice of the Perfon offended .. The People or Neighbourhood, who arc pretended to be wronged or injured, are called to be Judges, to redrefs their own Grieva.nces; and furely that SatisfttOion they meafure out to rhemfelves, fhall be judged CorrifponJent to their fuftained Damages. . 5· Fi[tbly, If our Predeceffors had thought that the Arbitrary Determi· nation of a Bench o£ Juftice, had been as equal a Judgmellt 31 that of our Peers, furely in vain did they expend fo much Blood for the reprizing the latter, and extirpating the former, Cook 2 Inftit. Pref. 6. Sixthly, If a Bench, or tingle J~ftice, Recorder, Bailiff. f.!/ c. fball have Power to fine and imprifon a Jury of Twelve Men, until they gratifie their Wills and Pleafures in [heir Vet'diEl:s, which of our Lives and Liberties can be fecured againft the Lufts of fuch petty Prero~adves, when tbe Court's Difcretion, not the Law of England, (our Birthnght) flnll be tb« Standard to meafure out every Man·s Defect and Portion. Vide G:lo.t 4ln{l. fol. 4•· We might in this Sort much more enlarge, to evince of how evil Confc~ quence thefe Arbitrary Praaices are, and will be to the Englifh Conftitwtion of Government: But I have here ufed the more of Brevity, in as much as this Cafe needs no greater, or farther Argument to enforce it into any Man's ~St:~~anding, than his being an Englijhman, and fo Born Free, ::md not But altogether to omit our Stablifhed and Fundamental Laws, wo1.1ld be as Blame worthy, as tedioufly to enlarge upon them :Therefore I {hall from them, and fame Maxims of the Law of Engl1nd~ farther prove the Unrea~ fo'."'bienefs and Unjuftnofs of fuch ;lrbitraty Proceedings, upon, and a· &amft}uncs. t. Fi•f, Vot.. I. Truth Refcuetl from Impofture; 517 . I . l!'ril, Such Procee7dings are abfolutely .:zgainft the Great Charter of 16 0 , Ltbernes, (as cap. If. 1\o Freeman to have .Amercemenu a.ffejfed upon him ~ bur by Good and Honefl Men of the Vicinage. Coo}l 2. In fl. As alfo c 2 , J\0 Frtemt~n to ke Condemned wilbour the Lawful ]udtmef!t of biz P;er~: (2 Inll. 48.) Whtch two Chapters, by Reafon and Argumenrs (in that Dif• courfe ofL1berty afferted, at the Trial of W, Penn and. w; Met~i) are by that Authot expounded, and applied to this prefem Cafe, as the Readu may find at large, pag. 46, 47, and 48 of that Treatife. 2. Secon~ly, Su~h Ar,bitrary Jud~menrs are !J_gainft the Stltute of .2) E. Io ~P· 1. wh.1ch fauh, That Juihces, Sheriffs, Mayors, and other Mini-fi: rs, wh1ch under us have the Laws of our Land to guide, fhall allow the ' fatd Charters to be pleaded before them in all their Points. This is a C/aufe (fays Cook) Wor!bJ to he writren in L&lltrs (If Gold, that rhe Law~ gre to be tbe J.udgis Gu11lez, and therefore 1101 tbe Judgez hy their .11.rhitNry ~lft:;,.'0 ~~~d{ ~hfnk~ws, which Rever )'et mifguided any tbat truly foOow-, Now to fine and imprifon Jurors for their Verdias which by the Laws of E."ngla'!d they ar~ to give freely, is waving the Rules' of Law and em bra~ cmg !bet! ,own D1fcretion for a Guide in giYing of Judgmen;. Notwith~ ftan~tngnsexprefly Ena~ed, Stat.~). E t. cap.2. Tharif any ]11dgment 6egzven C(nttrary to the Pomto/ r~eGrear Charter (which was Ded;uarory of the Common Law) hjthe Jufluu, or other tbe Ki.,g'r Miniflers, it jhau/J he Undor:e, and holden jor ]\'ought. Cook 2 Inft. Pref. 3· Thzrdly, B~theStatute ofWeflminjl. 1. Anno 3 E. r: h•s thus EnaCled 1 Re~e vul~ f!f pr~t&lpir !JIIO~ ]lljlililljinguliJ ram-- qua~nuOJ habit& Perfona~ rum rat zone, That ju!hce fhall be done to all without ref pea of Perfons. Cook dnft. 161. Thiz (fays Cook) is 11n df!cient Maxim of the OJmmon Lt~w repeated and 4firmed amo'!gflthe ~awr of King Edgar . .And Fleta (fays. that 'Author, lib.t; ~P· .29.) !'eeue:h tbu ~unJamentt~l Law in few Wordr, 1<_uod Commur.i{ J11fij .. tzt~finslllu parlier exb1bearur~ That Common Juftice be afforded alike to all. If Jurors then be Freemen of England, I know not wherefore they fhould be denied that Common Righr, (in Cafe they ofFend the Law) of Trial by 'their Peers, and have a Judgment paffed upon them againft this Common and Fundam~nta~ ~aw, which is comman-ded by the exprefs Words of the Statute,, lnv~olahzluer Oifen.Mri, to be inviolably obferved, Tht~t Peace may he kept m rhu Lafld. Cook 2 ln{t. 161; 4: Fourt~ly, C.ook in his 2d Inft. fol. 689, affirms, that Ratio Legi1 efl .Amma Legtr, The Reafon of the Law is the Soul of the Law; and, therefore ra.ys he, !<,ut£cungue intra kati011em legis inveniunrur, lntrtt ipft~m legem ju. dwmtur: Wharfoever fhall be found to be within the Rea.foti of the Law lhall be adjudged to he within rhe Law. ' . Had the Law of England prefumed, That a Mayor, Jullice, Bailiff, She' rt_ff, tic: had been more knowing, and fo more proper Judges, who might gtve a ~tter and more equal Determination (of fuch Fa£\s, which for Deci· f10n came before them) than a Jury QfTwelve Men could, or would do: Surety the Law would then have left ail Controverlies to their fole Arbi- 1'rary Determination, and never have required and commanded Trials by Ju!ors, ~hich are not only chargeable to t~e Juty·Men (Freeholders of this Nauon) by Reafon o'f their Attendance and Ex pence .:zt Affizes . and Seffions, but alfo dangerous, and hazardous to perform, and do their Duty there. . But according to that Maxim, Cook 1 lnfi:j 78, Lex intemlir vicim1m 'fJili· m fa[] a fcire, The Law prefurnes that e:tch Man heft knows his Neigh~ u.r•a Actions : Therefore the moft proper Judge, whether to condemn his ~tghbour as Guilty, or to acquit him as innocent. So we muft either lofe our Reafon, or conclude it illegal and irratioDal, that Juftices whom the Law ('J.IIO ttd hoc) concludes ignorant, fhould judge or t."'ndemn Jurors (for Ignorance) whom the Law (ouo ad bot) conclude; more knowing than tbemfelves. .. ~ 1· Fiftb'7, |
