POST SCRIPT. The Copy of Judge Keeling's Cafe, taken out of the Parliament Journal. TH Die Mercurii, 11° Decembris, 1667. HE houfe refumed the hearing of the rest of the report, touching the matter of restraint upon juries; and that upon the examination of divers witneffes, in several claufes of reftraints put upon juries, by the lord chief juftice Keeling: whereupon the committee made their refolutions, which are as followeth : First, That the proceedings of the lord chief justice, in the cafes 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 confequence to the lives and liberties 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 undervalued, vilified, and condemned magna charta, the great preferver of our lives, freedom, and property. Thirdly, That he be brought to trial, in order to condign punishment, in fuch manner as the house shall judge most fit and requifite. Die Veneris 13° Decembris, 1667. Refolved, &c. That the precedents and practice of fining or imprisoning jurors for verdicts, is illegal. Now whether the juftices of this court, in their proceedings (both towards the prisoners and jury) have acted according to law, and to their oaths and duty, to do justice without partiality, whereby right might be be preserved, the peace of the land fecured, and our ancient laws eftablished; or whether fuch actions tend not to deprive us 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 ufurp the benches of all our courts of juftice, we leave the English reader to judge. Certainly, there can be no higher affront offered to king and parliament, than the bringing their reputations into fufpicion with their people, by the irregular actions of fubordinate judges: and no age can parallel the carriage of this recorder, mayor, &c. Nor can we think fo ignobly of the parliament, as that they fhould do less than call thefe perfons to account, who failed not to do it to one lefs guilty, and of more repute; to wit, judge Keeling: for if his behaviour gave juft ground of jealoufy, that he intended an innovation, and the introducing an arbitrary govern ment, this recorder's much more. Did chief justice Keeling fay, Magna charta was magna farta?" So did this recorder too: and did juftice Keeling fine and imprison juries, contrary to all law? So did this recorder alfo. In fhort, there is no difference, unless it be that the one was queftioned, and the other deferves it. But we defire in this they may be faid to differ, that though the former efcaped punishment, the latter may not; who having a precedent before, did notwithstanding notoriously tranfgrefs. To conclude: the law fuppofes the king cannot err, because it is willing to fuppofe he always acts by law, (and voluntas legis, eft voluntas regis; or, the king's will is regulated by the law); but it fays no fuch thing of the judges. And fince they are obliged by oath to difregard the king's letters (though under the broad and privy feal) if they any wife oppugn or contradict the law of the land; and confidering that every single action of an inferior minifter has an ugly reference to the fupreme magiftrate, where not rebuked; we cannot but conclude, that both judges are are answerable for their irregularities, especially where they had not a limitation of a king's letter, or command; and that the fupreme magiftrate is obliged, as in honour and fafety to himself, Alfred-like, to bring fuch to condign punishment; left every feffions produce the like tragical fcenes of ufurpation over the confciences of juries, to the vilifying and contemning of justice, and great detriment and prejudice of the good and honeft men of this famous and free city. FIAT JUSTITIA. THE |