A Postscript.

The Copy of Judge Keeling's Case, taken out of the Parliament Fournal.

The

Die Mercurij, 11th Decembris, 1667.

He House resumed the Hearing of the rest of the Report touching the matter of Restraints upon Juries; and that upon the examination of divers Witnesses, in several Clauses of restraints, put upon Juries, by the Lord Chief Justice Keeling; whereupon the Committee made their Resolutions, which are as followeth.

First, That the proceedings of the Lord Chief Justice, in the Cases now reported, are Innovations, in the Trial of men for their Lives and Liberties; and that he hath used an Arbitrary and Illegal power, which is of dangerous consequence to the Lives and Jiberties of the people of England, and tends to the introducing of an Arbitrary Government.

Secondly, That in the place of Judicature, the Lord Chief Justice hath under-valued, vilified, and contemned Magna Charta, the great Preservers of our Lives, Freedom, and Property.

Thirdly, That he be brought to Trial, in order to condign punishment, in such manner as the House should judge most fit and requisite.

Resolved, &c.

Die Veneris, 13th Decembris, 1667.

That the Presedents and Practise of Fining or Imprisoning, Jurors, for Verdicts, is Illegal.

Now whether the Justices of this Court, in their Proceedings (both towards the Prisoners, and Jury) have acted according to Law, to their Oaths and Duty, and to do Justice without partiality, whereby Right might be preserved, the Peace of the Land secured, and our Ancient Laws established or whether such actions tend not to deprive as of our Lives and Liberties to rob us of (our Birth-right) the Fundamental Laws of England, and finally to bring in an Arbitrary and Illegal power to usurp the Benches of all our Courts of Justice we leave the English Reader to judge?

Certainly, there can be no higher affront offered to King and Parliament, then the bringing their Reputations into suspition with their People by the irregular actions of subordinate Judges: And no Age can parallel the carriage of this Recorder, Mayor, &c. Nor can we think so ignobly of the Parliament, as that they should do less then call these Persons to account, who fail'd not to do it to one less guilty, and of more repute (to wit), Judge Keeling For if his behaviour gave just ground of jealousie, that he intended an Innovation, and the introducing an Arbitrary Government, this Recorder much more. Did chief Justice Keeling say, Magna Charta was Magna farta; so did this Recorder too: And did Justice Keeling Fine and Imprison Juries, contrary to all Law, so did this Recorder also. In short, there is no difference, unless it be, that the one was questioned, and the other deserves it: But we desire in this they may be said to differ, That though the former escap'd punishment, the latter may not, who having a Presedent before did notwithstanding notoriously transgress.

To conclude, The Law supposes the King can't err, because it is willing to suppose, he alwayes acts by Law (and Voluntas Legis, est voluntas Regis, Or the Kings Will is regulated by the Law) but it says no such thing of his Judges. And since they are oblig'd by Oath to disregard the Kings Letters (though under the Broad and privy-Seal) if they any wise oppugn, or contradict the Laws of the Land; and considering that every singular Action of an inferior Minister, has an ugly reference to the Supream Magistrate, where not rebuked; we can't but conclude, that both Judges are answerable for their irregularities, especially, where they had not a limitation of a Kings Letter, or Command; and that the Supream Magistrate is oblig'd, as in Honour and Safety to himself, Alfred-like, to bring such to condign punishment, lest every Sessions produce the like Tragical Scenes of Usurpation over the Consciences of Juries, to the villifying and contemning of Justice, and great detriment, and prejudice of the good and honest men of this Famous and Free City.

FIAT JUSTICIA.

FINIS.