The Juries Right, Asserted and vindicated by the Ancient and good Law of England.  
Wherein is clearly discovered the necessity, benefit, and safety of Juries, in opposition to those corruptions, and many evils that are incident, and do attend Judges (as they are called) both in Civil and Common Courts.  
Occasioned by the late unjust, cruel, and illegal Trial of Mr Tho. Webbe, at the Sessions held for London and Middlesex in the Old Bayly.  
By Abraham Lawmind, ear-witness of the said Trial, a hearty Wellwisher of the common good.  Deut. 17.6. 
At the mouth of two Witnesses, or three Witnesses, shall he that is worthy of death be put to death; but at the mouth of one Witness he shall not be put to death.  Chap. 9.15. 
One Witness shall not rise up against a man for any iniquity, or for any sin wherein he sinneth; but at the mouth of two Witnesses, or at the mouth of three Witnesses shall the matter be established.  
LONDON, Printed for H. J. 1654.   

The Juries Right, etc.  
Gentlemen:  
SEriously considering of the great weight of your employment and the great trust reposed in you, by the Constitution of our good ancient Laws, placing the Issues of life and death of the Prisoners (whose cases come within your cognizance) in your honest and judicious consideration. The Law of this Land constituting you Judges both of Law and fact; and indeed making you the chief Judges in the Court, all others but inferior to you, as appears by the Lord Cook's Commentaries on Littleton, viz. In this case the Recognitors of the Assize may say & render to the Justices their verdict at large upon the whole matter: and in another place he saith, viz. for as well as the Jurors may have Cognizance of the Lease, they also may as well have Cognizance of the Condition: And further, Cook there saith, Here it's to be observed that a special verdict, or at large may be given in any action, and upon any issue, be the issue general or special: and in Section 368. Littleton hath these words, also in such case where the inquest may give their verdict at large, if they will take upon them the knowledge of the Law, upon the matter they may give their verdict generally. Cook's words upon it are to the same purpose, viz. That the Jury if they will take upon them the knowledge of the Law (as Littleton here saith) may give a general verdict: and this we see made good in all 〈◊〉, where Juries do not only judge of the validity of the proof of the fact but also of the Law, by assigning what ●●●●●ges they think is just, I say these things induced 〈◊〉 to offer unto your serious thoughts these following lines, in part disburthening myself of those many sad thoughts, which I contracted to myself at the last Sessions, held in the Old Bailie for the City of London and Middlesex, at the Trial of one Mr. Tho. Webbe, a Gentleman to whom I am altogether a stranger, only being present in the Court when he was called to the Bar, and perceiving a high design carried on by the Court against him, I was very intentive in hearing the trial, for the information of myself. And having heard it, and strictly examining the several passages thereof, and then enquiring of an Officer how long the Gentleman had been in custody? I was informed, that he was committed by Lieutenant Colonel Barksteed, and Mr Baldwine Gent. Porter of the Tower, for coining, and had been in Newgate 9 weeks. At which I could not but much wonder, that a Gentleman (and indeed any) should be committed to Prison for one fact, and when Sessions comes to be indicted for another, it being a ready way to destroy even the innocentest of men. For when one committed to a Goal, makes preparation against his Trial for what he was committed; when he comes to be arraigned he shall be arraigned for another thing, unthought of by the Prisoner, and shall be forced to join issue thereon. What a most sad condition is that Prisoner in? And what illegal and cruel deal are these, putting the Prisoner on the greatest hazard and danger of his life, being so suddenly surprised by an Indictment against which he hath made no provision?  
This I perceived was the case of Mr. Webbe, who had he not undauntedly withstood the malice carried on against him, and the Gentlemen of his Jury had not been men of honest minds, Gentlemen discreet and knowing, the danger was so great, by reason of the malice carried against him, that nothing but life would satisfy, which fully satisfied me of the necessity of Juries, the only equal and best way of deciding and terminating of Causes, whether civil or criminal, they being the Guard of our Estates, Liberties and Lives. The Court many times are interested by made friends; and indeed the chief thereof their places are their trades: and where there is continuance in any Office, oaths (though never so binding) wear out, and little regarded, (the great grievance and crying sin of this Nation) as is witnessed by daily, woeful, and sad experience.  
But now a Jury consisting of 12 honest and indifferent men, whose places are not their trades, who have not yearly allowances for the same, and who only serve being elected, and not perpetuated in their places, I appeal to all rational men, whether such a way be not most equal, most safe and secure? and whether there be that probability of the Juries being corrupted, made friends, etc. as of the judges? (as they are called) No, I conceive it's the standing water corrupts and gathers filth, and not the running stream, etc.  
And now gentlemans whose lots it shall fall out to be to serve in the juries for London and Middlesex, your Office being of such necessity, and beyond which the wisest of men cannot invent and find out a more equal, safe, and  way.  
I shall proceed to give you a true and brief relation of the Gentleman's Trial before mentioned, wherein you may see the hazards poor prisoners are many times put upon, and how much the Court stops the legal Current of your right, as you are judges both of law and fact, and sworn equally between the Commonweal and Prisoner at the Bar, and be roused up like so many English men to claim your right, to lose no part of it; it's not only the Prisoner at the Bar suffers, but many times endeavours are made to stifle the light of a good conscience in you: therefore Gentlemen know what you are; stand fast in it; let a good conscience always dwell in you; for Divine Providence hath called you forth to stand between life and death, to judge between the nocent and innocent, that the evil may be punished, and the good justified.  
Now Gentlemen, I desire you to understand, that the last Sessions held in the Old Bayly began on a Wednesday, the 12. of December last, and ended Saturday following, on which day I being there indeed only to see passages, and to inform my judgement, Mr. Webbe aforesaid was called to the Bar, who appearing, after holding up the hand, the Indictment for Adultery being read, and guilty or not guilty being asked him, he desired liberty before he pleaded (as was but right for to be granted him) to speak; but it was very angrily denied him, and he urging it as his due, the Court caused him to be turned to the other side of the Bar, and there Mr. Briscoe threatened to gauge him if he spoke, when what I perceived the Gentleman had a desire to speak, was only to have a Copy of his Indictment and a little time given him to provide an answer to it, he expressing himself there in the Court, that he had no notice of any such indictment, being committed for coining, & so had not provided any thing for his defence, and the Act against Adultery allows witnesses to be heard and sworn on the Prisoner's behalf, therefore the Gentleman desired a little time, but it was most illegally and cruelly denied him, and the Gentleman forced to a Trial; so that had he not stoutly withstood their prejudice against him, and a judicious Jury to consider the matter of fact etc. I desire you to consider what eminent danger his life had been in, being suddenly surprised by an unknown indictment, and not having any time to provide any Witnesses for his defence? Oh, how many innocent persons have thus been cast away! and how many more may, if you Gentlemen stand not in the gap in the claim and use of your own Right?  
And after the Gentleman was put upon these disadvantages, and like a naked man seized on by the prejudice and will of the Court, and forced to plead. After that he had pleaded not guilty, and when it was expected that evidence should be sworn and heard to the matter of fact mentioned in the Indictment, there stood up a Council at Law, one Mr. Hilbey, in the behalf of the Protector, against the Prisoner at the Bar, (another strange unheard of disadvantage, especially for a naked and unprovided man, as the Gentleman was) who instead of pleading either to the fact, or matter of Law, fell to railing and abusing Mr. Webbe very grossly, and that with matters of opinion of 4 or 5 years standing. Mr. Webbe desired the Court, that since a Council was entertained against him, that he might hear the Witnesses sworn, and then if the Council could inform the jury, as to matter of fact from the evidence, he might freely speak; but for the Council to wave the matter in question, and to run back to opinions of four or five years standing, and they such also which are false, he could not but look on it as very hard measure: and truly Gentlemen you may consider of it, for the Prisoner was not only in hazard by that irregular piece of malice, but the judgements of the jury was endeavoured to be traduced, and to entertain a prejudice against the Prisoner, and therefore the Counsel laboured to possess the jury with dangerous opinions the Prisoner held, and what a dangerous person he was, and therefore, said he, not fit to live; and so would have taken off the juries' consideration of the fact, and have fastened their thoughts on his invectives against the prisoner, which (Gentlemen) if the jury had so done, or at any time should do (which God forbidden any should)  
What a sad condition may an innocent person be brought into, their lives taken away, Ju●ies traduced and abused, 〈◊〉 our whole Law made invalid and to become a thing of its word?  
Yet for all this, the P●●●●●r could not be heard, but the Couns●ll suffered to proceed in his invectives, and to be spatter his good name and reputation, till at last, whether it was shame, of because the Council had no more railing matter against the Prisoner, he ceased, & then about sixteen or seventeen witnesses were sworn; some from Dover, some out of Southwark, and some in London, but not one of them all swore to the matter of fact. viz. (carnal knowledge;) nay not any of them swore that ever the Prisoner was seen in bed with the Gentlewoman? only one M●s. Neale whose evidence was contradicted: for when the Prisoner desired the Court to ask her where it was she could not tell, only in general it was in London, but where about or at whose house she could not tell. Besides she is known to be a very idle person, who hath been a companion with her husband in abundance of evils, & her husband was hanged the Sessions before for an high way man; so that though there was many witnesses and abundance of dirty matters, yet not one to the fact, nor from all could handsomely be deduced and drawn, the least shadow or circumstance to prove the fact.  
Now when the witnesses were sworn and had given in their evidence with the help of the Council, who would have drawn some of the witnesses by tricks and quirks to evidence what they knew not, the Council instead of making use of the evidence, to prove the matter of fact, waved that, and falls to his former raylings with abundance of demureness, first premises solemnly that he had no knowledge of the Prisoner, nor never see him till then at the Bar; yet in the next place backs the evidence with telling the Jury that the Prisoner was not fit to live, for he was a man of erroneous and dangerous principals, and so vented his foul mouth against the Prisoner, who all that while with abundance of patience heard it, not being suffered to speak, till at last the Council having shot out his venom, the Prisoner did himself in a very short, but full, answer to the evidence, applying himself very discreetly to the Gentlemen of the Jury, desiring them to consider the matter of fact for which he stood there arraigned, and for which they were sworn to pass indifferently between the Protector and him the Prisoner at the Bar, and the evidence to the fact; withal acquainting them, that though the Gentleman Lawyer was pleased to take a fee to abuse him, and so to make that his chief work, neglecting all things of Law, matter of fact, and indeed common civility, yet he hoped better things of them. viz. that they would mind their work, the fact, the evidence to it, and not be seduced by the Counsels evil example; in confidence whereof he most cheerfully resigned himself to their Uerdit, desiring the Lord to go along with them etc. After this the Council offered to speak and to that end pulled out some papers out of his pocket, but what hindered whether they were blanks or stuffed with such malice as he had sufficiently before vented, I know not, but the paper he put up again, and only said mum; and so after some debate the Jury brought their verdict, not guilty, only one remarkable passage happened and that was the Jury; while withdrawn to consider of their verdict sent three times to the Court for to have the Act. but it was denied them, & answer returned, that they were only to consider of the matter of fact, but if any thing of Law did arise they were to come to the Court, and the Court would resolve them; a most strange kind of practice that the Jury who are sworn, and who may as is cited in the beginning, take the cognisance of the whole matter both as to fact, and Law, should be denied the Law, that the Court shall hedge all in their own breasts, certainly congruant with this practice would be illiterate men, men that can neither write nor read; a Jury of such men will never trouble the Court with business of Law, they will never send to the Court for their Statute and Law books; and it's much to be wondered what the reason was why the Court should deny the Jury the Act; certainly it to be doubted their ends were not good in the thing.  
But so noble and gallant were the Gentlemen of the Jury, that they keep close to their own, and would not yield one inch to the unjust deteiner of the Court, a good example and precedent for all Gentlemen who shall be employed in that honourable service of the Commonweal.  
Now Gentlemen, you have had the relation of Mr. Webs trial, I shall now present you with the ends I proposed to myself, in the publication hereof, and they were, viz.  
First, the asserting of that good old principal of our English Laws; viz. that the Jury are Judges both of Law and fact, it being a principal as good as its ancient; indeed it's of that weight as that our weal and woe rests wholly upon it. Judges, as they are called, may be biased and corrupted; long continuance in their places may do it, favour and affections to great men may do it, as when a business comes in competition, with the power ruling, under which they are judges; as in the Case of john Lilburne, in whose case its manifest how the Law was abused, not suffered to be read, but now juries have none of these clogs, they are not men perpetuated, nor men interested, but men indifferent and sworn to go according to evidence, a most sure safe and equal way of doing right to all men, and between man and man; so that Gentlemen, your employment is not mean, you are not servants in the Court, your employment is Honourable, and you are Masters of the Court, and therefore Gentlemen this assertion comes in.  
The second place, viz. That both Law and fact ought to be plain and clear before you, therefore the evidences ought to direct their speech unto you, and both evidences for the Common weal, and on behalf of the Prisoner, aught to be free without interruption, and the Prisoner, himself to be free to speak without the awe and threats of the Court; for Gentlemen the evidence is to you, and for you to judge of, and if the evidence should be interrupted, your judgement cannot but be very imperfect, and the Prisoner many times may have something to say that may give great satisfaction; but if he be awed and not suffered to speak, such satisfaction may not be received as may be requisite; therefore Gentlemen, all things of this nature comes within your cognisance, and you ought, it's your power and duty to see a free and clear current for the evidences and Prisoner, that one be not stretched forth on the tenters by tricks the Court many times uses, and the poor Prisoner abridged and debarred of his liberty; it's your work, it chief concerns you, and therefore none ought to intermeddle with it.  
The next thing I have to offer to you, as my end in these, is a great cheat that I then at the aforesaid trial perceived to be; put on the Prisoner; viz. there being some crimes, as Treason and Adultery, that are to be prosecuted within twelve Months, and that all prosecution out of that time is made null and invallid, and that some men's malice may be answered, who covet as much after blood, as the babe after its mother's breast, so that though they have nothing within the time, yet will they lay their indictment within the time, when their witnesses all swear to circumstances beyond their time a great while, as was in the forementioned trial, wherein the indictment included a fact done on the first of June last, and not one of the witnesses swore near the time, but all swore beyond the twelve Months, a very great abuse, and of dangerous consequences: for suppose a Prisoner be ignorant of the Law in such cases, (as alas how many poor wretches do perish at the Bar in the Old Bailie, for want of knowledge) what great danger is his life in? how will his life become a sacrifice through his ignorance of the Law, to the malice of bloody minded men? Oh! therefore Gentlemen consider you are sworn, the Law hath made you superior in the Court, the lives of many lies in your breast, and honesty, and how it behoves you to weigh and examine every particular, both of indictment and evidence, particulars of the indictment. First, the fact. Secondly the time on which the fact was committed, both being equally material and in the evidence. First whether they be to the fact plain and clear. Secondly to the time true and certain, both which being as necessary as the proof of the fact, which most evidently appears in the two cases of treason and adultery.  
First, in the case of treason, whether it be in words, plots against his highness or the present government, or the coining or counterfeiting of money, all being limited within 12 Months for prosecuting, as appears by the words of his highness' declaration published in jan. 16●5 3. the words are these: Provided always that no person or persons, shall be indicted or arraigned for any of the offences before mentioned in this ordinance, unless such offender or offenders shall be indicted or prosecuted for the same within one year after the offence committed, so that the time must be punctually sworn to as well as the fact, or else its imperfect; for if it be without the time that is above twelve Months its invalid, and no person ought or can be arraigned for any act of Treason.  
Again, to every fact of Treason, the Law requires two sufficient plain and clear Witnesses, appears 1 Ed. 6. chap. 12. and 6. Ed. 6. chap. 11. to all Treasons whether high or petty Treasons, there shall be two clear, legal, and sufficient Witnesses. Sir Edward Cook in 3. part Institutes cham. of High Treason, is of the same opinion. So that if there be not two Witnesses, and they plain and clear (not circumstances and inferences) to a treasonable fact, it's not sufficient in Law for you to ground a Verdict on; and if two Witnesses should swear to one and the same fact, yet if they differ in time one from another, one swears to one time, and the other to another time, it's but one Witness: the Law so deems it, and (Gentlemen) you are judges of Law as well as of fact. This aught to be considered by you.  
And then as touching Adultery, the Act of Parliament of june 24. 1650 saith, the words are these: Provided always that no person or persons shall incur any of the penalties in this Act mentioned, unless the said person or persons be therefore indicted within twelve months after the offence committed; And evidence must be sworn for the prisoner, the words are these: Provided also, that it shall be lawful for any person or persons who shall be indicted for any of the offences aforesaid, to produce at their respective Trials, any Witness or Witnesses, for the clearing of themselves from the said offences whereof they shall be so indicted, and the justices before whom such trial shall be had, shall have power, and are hereby authorized to examine those Witnesses upon oath. So that both the fact and the time must be clear and certain, both in the Indictment and evidence; and the reason is this, that the Prisoner may (if he hath any) produce his Witnesses, which that he cannot do, if the time be not certain, it being the company the Prisoner is in at such a time that must either clear him, or lay him open to your Verdict: and therefore (Gentlemen) indictment and evidence must both agree in fact and time; if not, they are both invalids, and aught to be rejected, and no proceed can or aught to be upon the same: and further, the Prisoner ought to have notice of both fact and time, before he be called to a trial, that so he may provide his Witnesses, since the Act requires them to be heard and sworn, and not so suddenly surprised by an Indictment, as Mr. Webbe I perceive was, who being committed for coining, was unexpectedly arraigned for another thing, not having any time to provide for his defence, quite contrary to the Act which allows Witnesses to be heard and sworn, which cannot be without notice and time given.  
And Gentlemen, the Law hath put you into a place of great trust, and in case the Court should have such prejudice against any Prisoner as thus to surprise him, and to lay him open to the mercy of death: It's your care to prevent it, and do the Prisoner right therein; and indeed so much the more, for that your Verdict is to be grounded on clear and plain proofs, which cannot be where the Prisoner is called to a Trial for a fact which he dreams not of, especially in the case of Adultery, where the negative is as good as the affirmative.  
Gentlemen, life and death is in your hands, the weal and woe of many a poor Family: your place is of great weight, the highest and greatest in the Court; the Court moves as you move; if you move amiss, the Court must move so also. The things that I have taken liberty to offer you are necessary; such Causes may come before you: the Court may have that prejudice against the Prisoner, as to throw them in many disadvantages, and may so much undervalue you (who indeed are the life of the Court) as will not allow you the Law to read and examine, as they did by Mr. Webs Iury.  
Therefore Gentlemen, as you are English men, and profess the Lord Christ, and are now called to so great an employment (wherein you have a very large opportunity of imitating our blessed Saviour, and following his golden Rule: Do to all men as yourselves would be done unto.) Rouse up your Spirits; claim your Right; let not might and greatness sway you, but in all things clear and plain evidences, and a good conscience; so will you purchase praise both of God and men, and be examples of great good to your Countrymen: For which the Lord in his infinite mercy go along with you, according to the weight of your employment.  
FINIS.