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 or4 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 extremities5 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 have6 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 of7 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 to8 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,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 of10 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 ſuch11 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;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 ſhall13 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.
14And 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,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.
16Provided,
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 50l. 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 1000l. 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 2000l. or 3000l. and with another of treble ſuch Eſtate of, for, or concerning any Action, Cauſe, or Suit whatſoever, notwithſtanding any thing before mentioned.