THE BRIBE-TAKERS OF JVRI-MEN, &c.
THe Estates of Jury' men in these modern times, being far lesse in value, according as now the prices, and rates of Lands, Cattell, Chattals, all manner of Victuall, and other Commodities, Wares, and Merchandizes now are, and in these latter times have been usually bought and sold for, then they have been in antient times: And whereas in these latter times (and especially in inferiour Courts) many not onely indigent, but keepers of Alehouses, and other places of Tipling, and the meaner and worser sort of their Guests, Associates, and Adherents have by Sheriffs, or by their Deputies, Bayliffs, Serjeants, or other their inferiour Officers, or Ministers been returned, impannelled, and sworn for the triall and inquiry upon, of, in, and concerning divers Actions, Causes, and Suites, some of very great, and others of considerable value, and by reason of the great influence or power (which such Bayliffs, Deputies, Serjeants, and other inferiour Officers, and Ministers have had upon, and over such Alemen and Tiplers) they with such their Associates and Adherents have given and found Verdicts and Inquests in, and concerning many such Actions, Causes, and Suits, quite contrary to their Evidence, (which they have received from credible witnesses) and against all truth, reason, and sense, for the filthy lucre of such, whom they have perceived, or found, that any of such Deputies, Bayliffs, Serjeants at Mace, or other such inferour Officers, or Ministers (who have been their continuall Guests and Customers, and wished them many such others) have favoured or had in estimation.
And whereas by the Lawes and Statutes of this Nation as yet, the Jurors who have found, or shall finde lesse damages, then they ought and have had evidence for, and the Inquisitors or [Page 4] Jurors upon inquests have found quite contrary to that which according to the evidence, which they have had given, then they ought to have found, and for divers other inconveniences, and mischiefs, which have too often happened to the honest people of this Nation, by the machinations, frauds, negligence, and ignorance of such Jurors and Inquisitors) are not subject to any losse or penalty.
And whereas divers honest Jurymen (being weak, and sickly men) of late years often times have been put to great extremity, by crosse and froward men of the same Jury, on which they have been impannelled; who have unconscionably and unlawfully gained the major part of that Jury to be on their side, against all sense, right, and reason, and favoured one of the parties in the suit; for the triall of which they have been impannelled and sworn (which of late years hath been too frequent, the same being seldome heard of in ancient times) sometimes by keeping some of the most honest parties of them long fasting, and in the cold; whereby they have been much weakned, and by kicking, hunching, nipping, pinching, and beating, and sitting upon them, and otherwise injuring others of them; when they have been mewed up in the dark, and sometimes in extreme cold weather, without fire, or other light, or any other lodging then on the ground or boards; such Jurors by the Lawes now, being to be kept together, and not to depart the one from the other, not to eat or drink till all of them (after they have heard, and received their evidence, and departed from the bar) have agreed upon, and given in, or delivered up their Verdicts.
And whereas by the Lawes of this Nation the Jurors (which have found or shall find lesse damage, then they ought, according to the evidence which hath been given them) are subject to no attaint; neither is any Statute or Act made, or provided for any penalty against any Jurors or Inquisitors, (who upon any Writ of inquiry of damages, or other inquest) have found, or shall find contrary to their evidence.
And for that now, the Judgement against Jurors to be found guilty in attaint, is extreme villanous, and may as well fall upon the innocent (which may be occasioned by the extremities [Page 5] before mentioned) as on the guilty: and the penalty of imbracery is but small, and the offence very difficult to be discovered.
And whereas of late years there hath been much difficulty, charge, and trouble, in procuring honest, indifferent, and able Jury-men to be returned and impannelled.
And whereas Jury-men of late years have too often for wicked lucre, or illegall affection found, and given Verdicts and Inquests against their Consciences, and Evidences; for such, from whom they have had, or expected gain, ease, or favour, or have feared, or envied.
And whereas in these latter times Sheriffs have been more carelesse and negligent in returning honest and able men for Grand Jury-men, or the great Inquest, then in former times they have been; and for gain and favour have spared and forborne the returning or impannelling of Knights, Esquires, and Gentlememen, and the better sort, for that imployment, which would have been much for their benefit and learning, and brought them to a desire, and love of Religion, Honesty, and Vertue, and an abomination of debauchednesse, and all other wickednesse; and in to a delight to do good, and exercise their talent for the good of themselves, their posterity, and the honest Christian people in generall, according to their duties, and to live such a godly and vertuous life, that they may be alwayes prepapared for death, and never fear it; which will be a good example to their inferiours to doe the like, and bring all, who shall so doe into a union in vertue and godlinesse, without falling out, and circumventing, or defrauding one the other.
And whereas more honest fit, and able men for Sheriffs and Coroners might have been chosen, then of late years have been.
And whereas by the long escape of Jury-men from the penalty of imbracery, or taking money, or rewards, or accepting promises to say, or give their Verdicts; by the means of the difficulty of the discovery thereof before-mentioned, some of them have been so bold, and impudent, that they have made it as it were a Trade to procure themselves to be upon Juries, and to make prey of the Suiters in divers causes, some of such Jury-men (when they have found against their evidence, and have [Page 6] met the parties whom they have wronged by their false Verdicts) having said to such injured persons, that the cause should have gone for them, if they had come to them first, and dealt with them about the businesse.
And too often divers (Jurors being all or the most part of them of the same Profession, Art, Mystery, or calling of one of the parties in the Action, Cause or Suit, upon which they have been impannelled, retorned, and sworn) have sometimes found contrary to their evidence against the other party or parties therein; who hath been of another Quality, Condition, Science, Profession, Art, Mystery, or calling, which, or the professors thereof they have hated, or envyed: and at other time have given excessive, or too much damages against such party, or parties in such Action, Cause, or suite, (whom, or such his Quality, Condition, Science, Art, Mystery, or Calling, they have so hated, and envyed.)
It is proposed to be desired that it may Be Enacted, That hereafter no Sheriff shall return, or impannell any man to be upon any Jury to try any Cause, Action, or Suit; or to make any inquiry concerning the same, being of the value of, or by the same demanded 40 shillings, or above; unlesse such man shall be commonly reputed by his neighbours to have an estate in Lands, or Tenements, Goods, or Chattalls, (over and above all charges, issues, and reprises, and besides, sufficient to pay, or satisfie all his Debts) to the value of 40l. to be sold, or above, for every 40 shillings of such value, or so to be demanded, and according to the same value shall be taxed, or assessed to, or for, the relief of the poor, and other parish taxations in the parish, where he shall be inhabiting, or dwelling, and be a free denizen of this Nation.
And that if any man suspected (by any plaintif or plaintifs, defendant or defendants, demandant or demandants, tenant or tenants) to be otherwise, shall be retorned, or impannelled upon, for, or concerning any such cause so to be tryed, or inquired of, that then (at the request and challenge of any of such plaintif or plaintifs, defendant or defendants, demandant or demandants, tenant or tenants & Oath by him, her, or them, or any person of [Page 7] such credit, or so commonly accounted, made to the contrary of such repute) the Judg or Judges, Justiciar or Justiciars, Sheriff or Sheriffs, Mayor or Mayors, Steward or Stewards, or other Officer or Officers (who shall try such Cause, or take such Inquest, or before whom such Cause shall be tryed, or Inquest taken) shall put every such person so Retorned, or impannelled to be a Jury-man so suspected, upon, or to his Oath, before such person shall be sworn to try such Cause, or so to inquire, whether or not he then have such an estate to, or of such value over and above all charges, issues, and reprises, sufficient to pay, or satisfie all his debts; besides, and that if the same person to be a Juror shall not depose upon his Oath that he then have such an estate; then such person shall not be sworn upon, for, or concerning such triall or Inquest, but shall be rejected; and another having such Estate, or not excepted against in that behalf, shall be sworn so to try, or inquire in his place and stead.
And that such Judge or Judges, Justiciar or Justiciars, Justice or Justices, Sheriff or Sheriffs, Mayor or Mayors, be impowered, authorised, and compelled to administer, and take such Oath, being ready drawn and tendred to them in writing, without, taking any thing for the same directly, or indirectly.
And that every such man so to be retorned, or impannelled, or make Oath, and depose false, shall be subject, and liable to all the paines and penalties enacted and provided in, and by the Lawes and Statutes of this Nation against perjured persons.
And that if any the men Retorned, or impannelled and sworn of, or upon any Jury or Inquest in, or concerning any Action, Cause, or Suit, after they have heard, or shall hear their Evidence concerning the same, and their charge given to them, or taken concerning the same, and shall depart from the Bar, where, or from him, or them, before whom (having authority in that behalf) they received, or shall receive the same, and stay by the space of 4 hours; then next after, before they do, or shall retorn thither, or before him, or them, before whom they so received, or took, or shall receive, or take the same Evidence, that then every of such Jury or Inquest men shall have one little white ball, and another black delivered unto him, and that when the major or greater part of the men of such Jury or Inquest be, or shall be agreed to [Page 8] give in their Verdict or Inquest found, or to be found concerning the same; then every of them who shall finde, or give their Verdict or Inquest for such plaintif or plaintifs, demandant or demandants, in such Cause, Action or Suit, shall and may deliver, and put a white ball wrapped in a note, or peice of paper, with his name therein written; and such black ball without any thing about the same into a box, or bagge privately to be kept for that purpose by him, or them, before whom such Verdict or Inquest be, or shall be to be given, or delivered up, or to his, or their Deputy or Deputies; and that every of them (who shall finde, or give their Verdict or Inquest, for such defendant or defendants, tenant or tenants in the same Cause, Action, or Suit) shall and may deliver, and put such black ball so wrapped in a piece of paper, with his name therein written, and such white ball, without any thing about the same into such box or bag so to be kept.
And that every of such of him or them (before whom such Verdict or Inquest is, or shall be to be given or delivered up) be impowered and compelled to keep such note secret, and not suffer or permit any to see, or know the contents of the same; neither shall any of such Jurors reveal to any other what note he shall so deliver, till after an attaint brought against such Jurors, or Inquest men, or—years past, after such Verdict be, or shall be delivered up, but onely such Judge or Judges, Justiciar or Justiciars, Justice or Justices, Sheriff or Sheriffs, Mayor or Mayors (before, or to whom such Balls be, or shall be delivered) shall declare and pronounce, for which party in such Action, Cause, or Suit, most of such notes, or pieces of paper were so delivered, or put into such Box or Bag: And then Judgement or Judgements, or other proceedings shall be given, and goe, and be for him, or them (for whom most of such notes or papers shall be so delivered, or put, and stand, be good and available in Law to all intents and purposes, untill the same be, or shall be stayed by matter to be moved in arrest of Judgement before the same shall be entred, or after reversed by writ of Errour or Attaint.)
And that if such Jurors be agreed, the one half of them to finde for the one party or parties in such Action, Cause, or Suit, [Page 9] and the other half of those Jurors for the other party or parties in, or to such Action, Cause, or Suit, when such Balls shall be delivered unto them all, they shall declare, and make known the same to the party or parties (whoso do, or shall deliver such Balls) and that then such Judge or Judges, Justiciar or Justiciars, Sheriff or Sheriffs, Mayor or Mayors, Steward or Stewards, or such other chief or head Officer or Officers shall, and may, and be authorized to swear one, or three of such qualified persons for Jury-men (who stood, or shall stand by, or about, and in the hearing, when such evidence was, or shall be given to such former Jury-men to try such Issue, or make such Inquiry, and deliver unto every of them two such white and black balls, and send those one or three to the former twelve Jury-men; and that those one or three be impowered, and shall goe to, or be sent back with the same twelve, and shall conferre with those twelve about finding and giving their Verdict or Inquest to be given or found for, or concerning such Issue or Inquiry, and after staying with the said twelve, by the space of an hour, or lesse, shall with them return to the said chief, or head Officer or Officers, and with them deliver their Balls, as before is mentioned, and that then such Judgement or Judgements, or proceedings thereupon shall be as before is mentioned, and expressed.
And that any one (against whom any Judgement or proceedings shall be after, or upon such Verdict or Inquest) may bring his attaint within one year next after such Judgement, or after proceedings for the same to be tryed or inquired of again by 24 other Jury men qualified as aforesaid, in the same County, City, Burrough, or Town, as the same were upon the same evidence given against, and for reversall of the same, or for altering of the same, in giving or finding greater or lesser damages concerning the same; and that such 24 to be chosen out of 48 of such qualified persons, if they shall find that the said Jury of the first inquest have made, or shall make a false Oath, or give, or finde a false Verdict or Inquest in, or concerning any such Action, Cause, or Suit shall, and may reverse or alter the same; or give, or finde greater or lesser damages concerning the same; or otherwise to confirme the said first Verdict or Inquest; and that the party or patties making such Election, and bring such Writ of [Page 10] attaint be bound up by it, and shall have no other attaint concerning the same matter.
That none of any Jurymen hereafter shall be subject, or liable to any pain or penalty upon, or by any Attaint, or Writ of Attaint, other onely then such who shall be found to be the guilty persons, by, or for delivering in the greater part of such notes or pieces of paper, if the matter shall be found against them; but that those, (who shall deliver in the lesser part of such notes or pieces of paper, as soon as they shall obtain a certificate recorded in parchment from him or them, before whom such Verdict or Inquest be, or shall be taken, and shall deliver the same into the Court, where such Writ of Attaint shall be returnable) shall from thence be quit of the same, and goe without day there.
And that in every County, City, and Town within this Nation, using to have a Sheriff or Sheriffs for the same; the Sheriff or Sheriffs thereof shall cause the names of the Free-holders and the men capable of being retorned to be Grand, or other Jury-men of; or for such, his, or their respective County, City, or Town to be written, and a competent number thereof published in Print in his, or their respective County, City, or Town, and that he, or they shall, at a reasonable rate deliver one paper, or book thereof to any (who shall have a Cause there to be tryed)
And that the same may be done by Mayors, Aldermen, Burgesses, Bayliffs, and other head Officer or Officers of every City, Burrough, Town corporate, Cinque port, or other place (where a Corporation or other Court is, or shall be holden or kept, and no Sheriff or Sheriffs for the same.)
And that after issue joyned in any Action, Cause, or Suit, in any Court, the plaintif or plaintifs, defendant or defendants, demandant or demandants, tenant or tenants, in, or to the same within two dayes next after he, or his Attorney therein shall have notice thereof, may (giving notice thereof to the other party in the same Action, Cause, or Suit) take exceptions in writing (and deliver to such Sheriff or Sheriffs, or such chief or head Officer or Officers) against one third part of such Jury-men; and that neither of the said parties, his, or their Attorny or Attornies, or the said the Sheriff or Sheriffs, or other such [Page 11] Officer or Officers shall let the other, his, her, or their Attorny or Attornies willingly know of any of such to be Jurymen (against whom he, she, or they doe, or shall so except) till such Sherif or Sherifs, or other such Officer or Officers have returned, or doe, or shall return (out of the residue of the said men so capable to be Jurors) a fit and impartiall Jury according to his, or their best endeavour or endeavours to try such Actions, Cause, or Suit.
And that such Sherif shall and may return 48 men for such Jury, out of the remaining other third part onely, if both such parties do, or shall so except; or only out of the one half of such of persons capable of being Jurymen, if but one of such parties in such Action, Cause or Suit do, or shall so except; unless both, or one of them do, or shall except against so many of the hundredors of the hundred, Town, Village, or Parish, where the Visne of the said Action, Cause, or Suit is, or shall be laid; that they shall not leave a sufficient number of such to be return'd Jurymen from thence, that without some of them to be returned there must of necessity be a failer in their tryall of the issue joyned in such Action, Cause, or Suit: And that then such Sherif or Sherifs, or other such Officer or Officers may return some of those so excepted against to prevent such failing.
And that if both parties cannot agree that such Sherif or Sherifs, or other Officer or Officers shall return or impannell 24 out of those 48, that then such Sherif or Sheriffs, or other Officer or Officers shall, and may name some, or more, whom neither of the said parties, his, her, or their Attorny or Attornies doe, or shall say, that they, or any of them doe, or shall know, to whom, or one of them such Sherif or Sherifs, or other Officer or Officers before he speak, send any other to any such strange person or persons, shall send such parties to such Action, Cause, or Suit, if they will goe to such strange person or persons, and that then immediately one of such person or persons shall set down in writing in the presents of such party or parties to such Action, Cause, or Suit, his, her, or their Attorny or Attornies, having notice thereof, and doe attend such strange person or persons; or of so many of them, as doe, or shall attend such strange person or persons in that behalf, the names of such 24 of those 48 as are so to be returned; [Page 12] and that immediately after such Sherif, or other Officer or Officers have, or shall have the same in writing, he, or they shall, and may return such 24 for Jurymen as aforesaid.
And that all Jurymen hereafter shall, and may have, and receive, and be paid, or satisfied by such Sherif, or other of such Officer or Officers a competent allowance, for what they doe, or shall act, doe, or perform as Jurymen out of the fines and Amercements imposed upon offenders and delinquents in every respective County, City, or other place before mentioned where such Jurors doe, or shall serve as Jurymen) by and from such Sherif, or other of such Officers before mentioned, and that no Juryman shall take, or receive any thing, or promise agreement concerning the same of any party in any Action, Cause, or Suit, by reason of, or concerning the same either before, or after tryall thereof, under penalties hereafter mentione.
And that the Inhabitants of every parish within this Nation, (being, or which shall be persons of such capacity for electing of members of future Parliaments, as is mentioned in the proposition for the election of a new Parliament, or Representative) and other places, which be, or shall be incorporated with the same, shall and may; the first quarter of every year next after a Sherif be, or shall be constituted or ordained for the Country, or place, wherein such parish be, or shall be, deliver in writing to the chief Constable of every Hundred, wherein such hundred shall be; and of every City, Burrow, Town Corporate, or place before mentioned to the Mayor, Bayliffs, or other head, or chief Officers of the same, the names of such person or persons dwelling or residing within the same, whom they shall conceive to be the fittest men in honesty, judgement, and Estate to be Grand Jury-men in, and for such respective County, City, or other place before mentioned: and that they shall expresse in every such respective writing of what estate, every such particular person for such Grand Jury be, or shall be esteemed to be of; and that every such respective chief Constable, or other such head, or chief Officer or Officers before mentioned shall, before the next generall quarter Sessions of the publick Peace for the respective County, City, or other place before mentioned, deliver every of such respective writing to the Sherif of, or for such respective place: and that such respective Sherif or Sherifs shall [Page 13] return or impannell as many as shall be necessary for every such respective place, only out of those mentioned in such respective note or writing, which in such respective writing shall be expressed to be of greatest Estates in such respective County, or other place before mentioned, accounted to be of most honesty and best understanding.
And that every of such Sherif or Sherifs shall cause such respective writing to him, or them so delivered, or to be delivered to be published in Print (with directions how, and where to find the same at a reasonable rate, for so many as shall have occasion to use any of the same) within convenient time next after the time that he, or they doe or shall receive, or have delivered or tendred to him or them such note or writing.
And that if after the first quarter of every yeer expired the major part of such qualified persons, do or shall send, or deliver or tender unto such Sherif or Sherifs such respective note in writing, as be mentioned in the said recited Proposalls, what persons every such respective person doe, or shall conceive to be most fit and qualified, as before is mentioned to be such Grand Jurymen, that then such respective Sherif or Sherifs shall return or impannell so many (as shall be necessary and convenient for the place where; and for which he, or they be, or shall be such Sherif or Sherifs) who shall have his name written in most of such notes or writings to be the first or foreman of, and for such Grand Jury; and that he whose name shall be written in the greater part (saving such first) of such notes or writings shall, and may be the second man of, and for the same Grand Jury.
And that such Sherif or Sherifs shall return, and impannell for such Grand Jury, such other of those men, whose names shall be so written in most notes or writings, the one of them next, and immediately in order after the other of them, more then the said first and second of them, in order and degree as every of them respectively shall have his name written in such notes or writings most often, the one of them after the other of them, untill such Sherif or Sherifs shall have returned, and impannelled, and a competent number, or over, to be Grand Jury-men for such respective County, or place before mentioned.
[Page 14] And that every such Sherif shall keep such a bag, or box, and in such manner and form as is mentioned in the said recited Proposalls; and every such note or writing (which shall be so delivered, or sent to such Sherif or Sherifs by any such qualified person for returning of Grand Jury-men) shall be so put into such box, ordered, taken out; or sorted, and sorted in such manner and forme as is mentioned in those Proposalls for the notes and writings therein expressed.
And that such Grand Jury-men so elected, or to be elected (as last is herein mentioned) shall, and may once in every respective Sheir, County, or other place before mentioned, keep such box or bag, and every of them write severall of such notes of two, or more names of men (whom he conceiveth, or shall conceive to be most fit for such Sherif or Sherifs, Coroner or Coroners (that is to say) one for such Sherif or Sherifs, and another for such Coroner or Coroners of, or for such County, or other place before mentioned;) and shall so lock, or seal upon the same in such manner and forme as is mentioned in those former Proposals for a new Parliament or Representative.
And that at the summer Assizes in every year in, and for such respective place, such Grand Jury-men, or as many of them, as shall then meet again shall, and may open, and unseal such Bag or Box, and take out, and sort such notes or writings in such manner and form as is mentioned in those recited Propositions or Proposalls, and write, or cause to be written in parchment fairly the names of every one of those persons (whose names be, or shall be so written in severall of such notes or writings; the one of them in order next after the other of them, and those for such Sherif or Sherifs in one part of such parchment, writing and the other for such Coroner or Corners in another part of the same parchment writing:) And then such Grand Jurymen, or some of them shall deliver such parchment writing to the Justice or Justices, Justitiar or Justiciars of, or for taking Assizes, and Goal delivery of, or for such County, or other place before mentioned.
And that such Justices or Justiciars may select the one half of such severall and respective names, for such severall and respective purposes, and deliver to the Supreme Authority of this Nation; or to such other or others as they do, or will appoint, [Page 15] or authorise to receive the same; and that they may choose out of the same names so many for such respective imployment as they doe, or shall think convenient in that behalf.
And that if any Jury-man shall accept, receive, or take any money, reward, or thing of any, or promise of, for, or concerning the same of any person or persons for giving, or to give; or saying, or to say, or making, or to make inquiry in, of, or concerning any Cause or Suit upon, or touching which, he shall be sworn to give his Verdict, or make inquiry, shall forfeit and loose to such party or parties, against whom such Verdict or Inquest, or more or lesse damage, benefit, or advantage be, or shall be given, or found, the value of that which he or they should have had if the contrary had been found.
That if any Action, Cause or Suit be, or shall be hereafter tryed or inquired of between a Trades-man or Trades-men, and another, or others of another or others, quality or qualities, condition or conditions, profession or professions, calling or callings, that then the writ or writs, precept or precepts, warrant or warrants shall be made, granted, given, and go out only to summon or warn men to be of, or upon the Jury between such party or parties, none of them to be of any such qualities, professions, conditions, callings or occupations of any such parties in, or to such Actions, Cause or Suit; or the one half of those Jurymen to be not above, but under one half part of the quality, condition, profession or calling of any such plaintif or plaintifs, demandant or demandants, defendant or defendants, tenant or tenants in, or concerning the same : And that upon the same writ or writs, precept or precepts warrant or warrants by the Officer or Officers (to whom the same be, or shall be directed) shall be returned such persons for Jury-men of such severall and respective qualities, professions, conditions and callings and none other. And that for doing or acting by any contrary, or against any thing before mentioned, the party or parties grieved or damnified, or to be grieved or damnified thereby, shall and may recover, have, and receive the paines, penalties, and forfeitures before herein mentioned, in manner and form as is mentioned for, and concerning the recovery, having, obtaining, and receiving of the paines, penalties, and forfeitures mentioned in the former herein recited Propositions and Proposalls.
[Page 16] Provided,
That any of the Jurymen before mentioned (which be, or shall be capable of trying, or making inquiry of, or concerning any Action, Cause, or Suite of the value of, or by which be, or shall be demanded 50 l. or under) may, and shall be returned and impannelled for trying or inquiring, and may try and make inquiry of, or concerning any Action, Cause, or Suit of the value of, or by which be, or shall be demanded 1000 l. or under: and the like to be done with, and by the half of such Jurymen, with another half of double such Estate of, for, or concerning any such Action, Cause, or Suit, under the value of 2000 l. or 3000 l. and with another of treble such Estate of, for, or concerning any Action, Cause, or Suit whatsoever, notwithstanding any thing before mentioned.