THE PENALTY FOR False Verdicts, AND The REMEDY for Parties grieved thereby, as it is by Law established.  
FOrasmuch as the punishments of Jury-Men that give untrue Verdicts, lie as it were absconded in the Crowd of the large volumes of the Law and Statutes of this Realm: as also the Remedy and Satisfaction the Law gives the Party greiv'd by such false Verdicts. That it's scarce known but to few of the Professors of the Law only: which emboldens Corrupt Men to sin in that sort without check and without any regard to Evidence; whereby too frequently, poor injured Men must lie under the wrong, through ignorance of what provision the wisdom and Justice of the Law hath made in such Cases. It may be therefore a great means to prevent such mischiefs for the future to have the Law touching false Verdicts briefly and singly published. That standing by itself, it may be Obvious to the sight of every man.  
When any matter of controversy doth arise between party and party, he that apprehends himself injured, hath liberty to apply himself to some Court of Judicature for his Redress, and those Courts for the most part, for trial of and finding out the Truth of the point in Issue between the Parties in most matters of Fact, that is, when the question is whether such a thing be done or not done, Do appoint Twelve supposed honest Men, who are Sworn to give a true Verdict, that is, to make a Report upon Oath unto the Court how they find it according to Evidence.  
This sort of trial by Twelve Men is very ancient, and may be the best sort of trial: as being the Least subject to Corruption: it being formerly not so easy a matter to Corrupt Twelve Men as one; but now we find the Proverb often verified in Jury-Men, That one Scabby Sheep will infect a whole flock, get but one subtle Cunning fellow in the pack and your business is done. Let the Evidence be what it will, Let the Counsel say what they will, that this is Law or not Law: Nay let the Judge give what direction he will, this Fellow will sway all the rest and make them Consent to a Verdict as he will himself, and against the Evidence and Equity of the matter. For prevention of which evil it is ordained by the Statute of 23 ▪ of H. 8. ch. 3. That upon every untrue Verdict given between Party and Party in any plaint, suit or Demand, before any Judges of Record, where the thing in demand ▪ and Verdict thereupon given, extendeth to 40 l, and concerneth not the Jeopardy of Mans life, the Party grieved by such untrue Verdict shall have a writ of Attaint against every Person so giving an untrue Verdict, and against the Party that shall have judgement upon the same Verdict, and it shall be tried by a Grand-Jury of 24 Freholders that hav● at Least 20 Marks per Annum, out of ancient demean. And if these find that the petty Jury gave an untrue Verdict, that is, otherwise than according to the Evidence there given they ought to have done, every of such Jury as gave such untrue Verdict shall forfeit 20 l. a piece. Whereof one Moiety shall be to the King, and the other Moiety shall be to the Party that sueth, and further they shall make Fine and ransom according to the discretion of the Justices, before whom it shall be found to be a false Verdict, according to their several offences, defaults and sufficiencies of their Estates: and they never after to be in any Evidence, nor their Oath accepted in any Court, and the Party grieved to be restored to what he Lost, with his reasonable Costs and Damages.  
The like Remedy is in case the Debt or Damage be under 40 l. saving that the Grand-Jury need not have above 5. marks a piece per annum, and the Jury that gave the untrue Verdict, to forfeit but 5. pound a man.  
This Statute at first making was but Temporary, but the Parliament finding it a necessary Law, by a Statute of the 13th, of Eliz. ch. 25th. it was made Perpetual.  
There is another Statute of the 11th of Hen. 7th. ch. 21st. and another of the 37th of Hen. 8th. ch. 5th. touching false Verdicts in the Courts of the City of London, which differ in some small Circumstances only from that of 23th. Hen. 8th, which those that have occasion may repair to for their information; they being too long to be inserted here.  
These latter Statutes have much mitigated the penalty in this Case of what it was by the Common Law. For before these Statutes, the punishment 
Cook L. 294. b.  was as followeth. 1. They were never to be admitted as a Witness or Juror ever after. 2. They forfeited all their Goods, and Chattels. 3. All their Lands were to be seized into the King's hands. 4. Their Wives and Children were to be cast out of Doors. 5. Their Trees were to be rooted up. 6. Their Meadows were to be ploughed. 7. Their bodies were to be cast into Prison. So odious was this sort of offence in the Eye of the Common Law: And to say the truth, the penalty, as now it is, is of the least, and deserves rather to be equal to the punishment of a fellow; for they merit as well to be hanged, especially the Ring-Leaders of those, that by untrue verdicts take from a Man 200 l. as he that out of necessity Robs a Man of forty shillings.  
The Law hath this further provision for parties injured by untrue Verdicts, 
F. N. 106.  that if a Man be condemned by such a Verdict in debt or damages, and be taken in Execution; and after sues an Attaint against the Jury, he shall have a special Writ to the Justices, who Granted the Execution, to let him out to Bail upon sureties, that if the Attaint pass against him, he shall render himself again to Prison, or to satisfy the debt or duty.  
By the Statute of the 1. Ed. 3. A Man shall have an Attaint of damages before Execution.  
If the Plaintiff in Attaint upon false Verdict be Non-sute or discontinue his suit, or it goes against him, he is to make Fine and ransom according to the discretion of the Justices. And they usually take their measures therein according to the Cause the Party had to bring his Attaint.  
The main difficulty upon an Attaint of false Verdict is, to make exact proof of what Evidence was given at the trial where the Verdict was given. For a true Repetition of that Evidence must be made, and no other Evidence can be admitted upon the Attaint, but what was given at the first trial. Therefore it is very requisite that all Evidence at trials should be Recorded in Case, where the Evidence is, by living Witnesses: But if the Evidence be by Depositions out of Chancery, there it will easily be made appear, for the self same may be produced again.  
Having hinted the Penalty of this Villainous offence, and the Remedy of the Party grieved thereby, to the end he knowing there is such a Remedy, may upon occasion seek after the same from more Copious instructions, the Author concludes with this Advice to all such whose misfortunes it may be to be joined with evil Men upon Juries, that they stand it out rather than Consent to give a Verdict, contrary to Evidence. For according to that they by their Oath ought to Act: and not according to their fancy grounded upon some other information. For the words of their Oath is to this effect, Ye shall well and truly try the Issue in variance, between the Parties, and a true Verdict give according to your Evidence, so help you God.  
The only inconvenience that can befall a man, if he refuses to be imposed upon to give a Verdict contrary to Evidence, is that all the Jury be kept up in a Room without Fire or Candle, Meat or Drink, till they Agree, unless by the Judges leave; but this seldom happens, unless some of the Jury be very Resolute for, and others against Right, and then it's usual to have a Jury ▪ with-drawn by consent of Parties, and the trial put off to another Jury: those that will not rather do so than consent to an evil Verdict, ought to be punished severely: for such Men bring a scandal upon the Law and the Professors of it. But the Law is good, if Lawfully used.  
FINIS.