Through England on a side saddle in the time of William and MaryFiennes, Celia
History
Through England on a side saddle in the time of William and Mary
Fiennes, Celia
England -- Description and travel -- Early works to 1800
supreame under Christ over these Churches and realmes. So this is to
request his Care of it which y^e King does by Laying it before y^e
Houses of Parliament who Enacts Laws to secure our religion, and reforme
evil both in Doctrine and practise by their Acts Duely pass’d. As I said
before the arch-Bishop’s Chiefe of this convocation house.
Next I will proceed to give some short account of tryalls on our Laws
which is thus. Every free man of England being oppress’d Comes in due
form of Law to demand his right, which being heard by the judges and a
jury of his own fellow subjects—his Country men—they give their verdict
in the matter as they thinke most just according to the statutes and
Laws, and so the right between man and man which does vary from y^e
different Customs of Each County or precinct. This jury are twelve men
all sworne on the Bible solemnly to do Justice, not out of feare, fraud
or malice, favour or affection to jnjure any man, and y^e first man is
their foreman and speakes for the rest, Either acquit or Condemns the
person, w^{ch} is in Life or Death, so determining other Causes the same
manner, and these twelve men must all be agreed in their verdict, which
is after they have heard all Can be witness’d or alleadged on all sides,
w^{ch} verdict the Judges also must pronounce on y^e Causes as they have
brought it in. Now those suites of Law as well as Causes of Life and
death are brought in by bill to y^e Grand-jury, which are twenty four
and these all of the best Gentry and many of them justices of peace,
they examine the matter and if they find it (that is by any Act of
Parliament) is pleadable or to be enquired into, they draw it up into an
jndictm^t and so its sent into the Court to be tryed by the Petty Jury,
after whose Verdict and the Judges pronouncing it, the matter must be at
an End and taken out of that Court. Sometymes indeed if the Subject is
oppress’d he may appeale to another Court y^{ts} higher, as from the
sessions to the assizes, thence to the Kings Bench, thence to y^e
Chancery, or the Parliament House which when a matter has there been
Debated and decided there Can be noe more done in it because they are
the makers of the Laws so best able to Interpret. Sometymes in these
other Courts a Jury brings in a matter speciall, that is, Leaves it on
the Judges to determine being a matter of Law, then y^e Judges must
Consult and do it all of them together.
Public-domain text, read in full here on John Shaqi.
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