❧ By the King. ❧ A Proclamation for jurors. AS it is a principal part of our Kingly Office, to administer justice to our people, by which our Crown and Sceptre is also established and confirmed: So we conceive, that we may truly and justly thus far reap the fruit of a good conscience, as to be witness to ourself, and likewise to report ourselves, not only to our Privy Counsel, (which are acquainted with our more secret cares and cogitations) and our judges and Counsel at Law (with whom we have had more frequent conference, than Princes formerly have used) but generally also to all other our loving Subjects, in regard of some our Public actions, Whether in these few years of our Reign (notwithstanding we could not be at our first entrance so well informed, as now we are, in the Laws and Customs of this our Realm) we have not exercised and employed our Princely care, power and means, for the furtherance and advancement of justice duly and speedily to be administered to all our loving Subjects. For it appeareth, that we have to that end been at charge to increase the number of our judges in our principal Benches, have endeavoured to moderate some differences and contentions amongst our Courts in point of jurisdiction, to avoid double vexation of Suits, and have from time to time, in person given more straight charge & admonition to our judges before their Circuits and visitations, and received again from them more straight accounts & reports at their returns, then hath been heretofore accustomed. And as we have been thus careful concerning our Courts, and judges of the Law: So may we in no wise omit to extend our Princely care to persons of another condition, on whom (though they be not to be termed judges) there lieth a principal part of judicature: which are those, who by the custom of the Realm are called jurors, which serve to try and decide the issues & points of fact in all controversies and causes. A matter no less important to the sum of justice, than the true and judicious exposition of the Laws themselves. For even that judgement which was given by a King in Person, and is so much commended in the Scriptures, was not any learned exposition of the Law, but a wise sifting and examination of the fact, where testimony was obscure, and failed. To which sort of persons also the Law of this our Realm doth ascribe such trust and confidence, as it doth not so absolutely tie them to the evidences and proofs produced, but that it leaveth both supply of Testimony, and the discerning and credit of Testimony to the juries consciences and understanding. But herewithal we consider with ourselves, That this proceeding by jury (which is one of the ancient Laws and Customs of this our Island of Great Britain, and almost proper and singular unto it, in regard of other Nations) as it is an excellent institution in itself, so nevertheless it is then laudable and good, when those persons, which serve upon the said juries, are men of such quality, credit & understanding, as are worthy to be trusted with so great a charge, as to try men's lives, good names, lands and goods, and whatsoever they hold dear in this world. Wherein we cannot but observe, and highly commend the wisdom of the Laws of this our Realm (taking them in their own nature, before abuses crept in) which have in this point so well provided. For as in the trial of any Peer of this Realm, the Law doth not admit any to pass upon him but Peers: So in the trial of any of the Commons (which the Law beholdeth but as one body) there is no person whatsoever of that body by rule of Law exempted, in respect of his quality and degree only, from the service upon juries: whereas on the contrary part the Law hath limited, that none serve, except he have a certain proportion of Freehold. And yet notwithstanding, Time and abuse have so embased the estimation of this service, and altered the use thereof, as Sheriffs, Vndersheriffes, Bailiffs, and other inferior Ministers, do not only spare Gentlemen of quality, in a kind of awe, and unwillingness to offend them, but do likewise for lucre, gain and reward, forbear to return many of the ablest and fittest persons; So that the service oftentimes resteth upon such as are either simple and ignorant, and almost at a gaze in any cause of difficulty, or else upon those that are so accustomed and enured to pass and serve upon juries, as they have almost lost that tenderness of Conscience, which in such cases is to be wished, and make the service, as it were an occupation and practice. Upon these grounds therefore, and upon advise taken with our privy Council, and conference with our judges and Council at Law, We have resolved to give some remedy to those abuses, and to restore the form of trials in this our Realm of England, to the ancient integrity and credit, as much as in us lieth. And therefore we do hereby publish and declare to all our loving Subjects, that they take light from us of the greatness of this service, and that the Gentlemen of best quality do put away that vain & untrue conceit, that they are any ways disgraced, or disesteemed, if they be called upon or used in this part of justice, to be triers of the fact, Knowing that all judgement is Gods principally, and by him committed unto us within the Precinct of our Kingdoms, as his Minister upon Earth, to whom likewise they are subordinate. And we do likewise charge and command all our judges, justices, Sheriffs, Vndersheriffes, Bailiffs and others to whom it may appertain, To take knowledge that this is our express Will and pleasure, That all persons which have Freehold, according to the Law, shall be returned to serve upon juries, as occasion shall require. Foreseeing also that they use a respect, that the same persons be not too often returned and troubled, but that the service may rest more equally and indifferently upon the whole body of sufficient Freeholders in every County, the one to ease and relieve the other, and that there be a discretion used, as well in returning the most principal Persons upon the greatest causes, as in sorting men of quality with their equals, as near as may be. And now that we have thus declared our earnest care and zeal for the furtherance of justice in this kind, seeing it hath been usual for Sheriffs and other Ministers (to whom it appertains) to forbear the returning of divers persons, in respect that they were sons of Peers of our Realm, or men of extraordinary place and calling, which we have no way misliked, and do well allow: Intending likewise that such, and so convenient respect be used particularly to our justices of peace, in regard of the place they hold, and their continual employments, as they may be no oftener used in services of that nature, than shallbe necessary: And forasmuch as We do well consider that it may so fall out many times, that divers persons besides those above named, and such other as the Law for natural impotency dispenseth withal in an ordinary course, may likewise be found meet to be forborn in these services: We do hereby declare, that We are also resolved by virtue of our Prerogative (and according to the ancient precedents of our Progenitors) to grant special exemption by our Letters Patents to some such persons, and upon such special causes as We shall think just and reasonable, not meaning from henceforth to leave it in the power of any other, but in the special cases aforesaid, to do that which is only proper to ourself. In which course (as in all the rest of our proceed) although it appeareth unto us by a Certificate lately made from the Sheriffs, of the state of the Freeholders in this Kingdom, that the multitude of them is great, & are otherwise as certainly informed, that the one half is not certified: and although We have been and are daily importuned for some particular exemptions by divers persons, as well Knights and Gentlemen, as other Freeholders of good ability: Nevertheless, because it may appear that We do and ever will prefer the precious care of justice before all other second considerations, We resolve there shall be so good a moderation in the number, as well as in the choice of the persons, as no prejudice shall arise thereby in the ordinary course of justice, Although our meaning be, that all such Grants so to be made by Us, shall extend aswell to all causes concerning ourself, our Heirs and Successors, as our subjects. All which We have thought fit to notify by this our Proclamation. Given at our Honour of Hampton Court the fifth day of October, in the fifth year of our Reign of Great Britain, France and Ireland. God save the King. ¶ Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majesty. ANNO DOM. 1607.