Billa Vera: OR, THE ARRAIGNMENT OF IGNORAMUS.

Put forth out of Charity, for the use of Grand Inquests and other Jury's; The Sworn Assertors of Truth and Justice.

In a LETTER to a Friend.

PROV. XXIV. 24.

He that saith unto the Wicked, Thou art Righteous, Him shall the People Curse; Nations shall abhor him.

LONDON, Printed for Robert Clavel at the Peacock in St. Paul's Church-yard. 1682.

Billa Vera, &c.

SIR,

YOU demand my opinion of a Protestant Plot and an Ignoramus Jury: 'Tis a hard province you put me upon: but I have courage enough to be honest; and if I be mistaken in my judgment, I know you have Charity e­nough to excuse my weakness, for that reason.

A Protestant Plot, I do confess, is a Title I do not well relish; because it throws a reproach upon Some sort of persons, which do no way deserve it. The word Protestant came from the Augustan Confession; and the occasion of it was taken from the close of their Address to Charles the Fifth, wherein they Protest solemn­ly and publickly, They will adhere to that Confession, till some sedate and amicable [Page 2] composure of that Cause should reduce them to other Sentiments. In that Confession They openly declare, that Christians of necessity ought to obey their present Laws and Magistrates, un­less they Command us to Sin. And I must tell you, the Church of England took her Mea­sures from the Protestants of That Confession.

But some Zelots of Reformation, have spread their pretensions much wider than the Protestants, and extended their attempts as far (I can not say altogether o'th' other side) as the Church of Rome had done before them; and never left Shuffling the Cards till they had turn'd up a Trump of their own Suite.

Whether we have got such a sort of Refor­mers among us, will be no hard matter to de­termine, if we inquire a little into their Prin­ciples, and consider their temper and incli­nations; For they must renounce the Church of England, and become Schismatics, before they can commence Rebels.

Two things have deservedly brought the Church of Rome under the Reproach of Treason and Sedition: 1. Their Doctrines and profest Opinions; Principles, which dispose [Page 3] the minds of Subjects for such treasonable attempts. Hereupon, when the Instigation or Command of their Superiours gives the word, They are ready prim'd to take fire, and discharge their Rebel-fury upon their Go­vernours.

And (2.) their Practices, from time to time, have been so Uniform to those Principles, that the Convictions of their Guilt have been no less notorious than their perpetrations have been detestable and pernitious.

And may we not observe a sort of men, that, while they pretend to abhor the Super­stition and Tyranny of that Church, do never­theless espouse their Principles of Disloyalty, and practice disobedience to the Civil Go­vernment? there's nothing more clear and manifest to persons that converse with Books and Modern Story. As for Matter of Fact, he that is at a loss for Evidence, let him be sent into the Kitchin among such as converse on­ly with Soat and Smoak to light his Candle at Noon-day to seek the Sun.

But besides ill principles and disaffection to the Government, this sort of men are general­ly of an ill temper; and because they fansy [Page 4] that all good nature was lost in Adam, they think it inevitable to be ill-humour'd, morose and of a peevish disposition; and then no ties of Humanity can hold, no instances of Civility can oblige them. And when this ill temper of nature meets with a little ferment of Disgust from men of another Kidney, they grow sowr and malitious, and presently set all their Wits a work to meditate revenge. And if they have got a stock of Popularity, or craft enough to be precise in their Conversation, then Religion is put on for a Cloak to their Designs, Consci­ence fuborn'd to be a Witness, and make Af­fidavit of their Integrity, God himself set up to be their Shield and Patron; and then they grow bold and insolent, and the rage of their Godly Passion becomes implacable.

Have we not Overt acts enough to declare these Principles and Inclinations in them? Have they not publisht the Motto's and Sym­bols of their Sedition, and set up Raree-shows, and Banners for tokens? Are not their Tongues and Pens let loose in scandalous Pasquils and opprobrious Discourses against his Majesty? Do they not daily defame his Government, vilifie his Person, and traduce [Page 5] his Actions? This has been their Practice of so long a standing, it may easily prescribe, and pass for Custome and Common Law among some of them.

But now of late they have taken a greater license to be Seditious, and that they may, supplant his Majesty with more ease and a better colour, they do not only question his Right to govern and start a new Title to the Crown; but menace a Seizure of his Sacred Person, and paradigmatize his future Suffer­ings in the Example of his Royal Father.

I confess I could easily be induced (if I had no other Circumstances befor my eyes) to think such Emergencies as these, nothing else but the effects of Hot-heads, and intemperate Passions; or the rash affect of some Male­contents, whose ambition or avarice may have met with disappointments at Court: but when I see a violence offer'd to the proceedings and course of Law; when I cannot but take no­tice, that Officers of Publick Justice do abet those very Crimes they are impannel'd to de­tect, and stifle the Evidence they are sworn to follow, and secure the Persons arraign'd before them, by an unaccountable Ignoramus; This, [Page 6] I confess, seems to me, not only a Sympt­tome of a distemper'd State, but a perfect Diagnostic of some Design, a vehement pre­sumption of some Plot betwixt the Pannel and the Parties Indicted, whom they will not think meer, or trust to be Arraign'd.

I have been told of a twofold Ignoramus; the one, they call, Purae Negationis, the other, Pravae Dispositionis: An Ignorance out of a pure Negative want of Understanding, which is the Case of Ideots; or else it happens, when men are utterly in the dark for want of In­formation. We have good reason to assure us those Jurors were not of the first sort: the Law debars them for their Incapacity. And as we have been told, they treated the Wit­nesses with so much dexterity, and put so ma­ny nice and captious Questions to them, that their apprehensions can no way be suspected.

Did they than want Information, or had they not more than they lookt for, and a great deal more then they desired? Did the Witnesses interfere or mistake in some Cir­cumstances of lesser moment? If they did, was it more palpable or more material, than is ufual in Evidences of this Nature? How­ever, [Page 7] if they were not satisfied, (having before them sufficient, and more than probable grounds for an Accusation,) why did they not submit the whole business to a stricter Examination, and the Prisoner to a Legal Trial?

This Ignoramus therefore is of another kind; Pravae dispositionis: Did it not proceed from an affected pravity, and an evil disposition? What Charity can free them from this Imputation? Were they not men of the same Kidney, the same Club, Livery and Faction with the Pri­soner, and so not fit to be put upon the Jury? For, being so, by that Pannel they became Judge and Party too; which is clearly against all the Rules of Law and Equity.

But let us hear their Oath, that we may the better understand their duty; and then ob­serve how well they did perform it. The Te­nour of their Oath is this, [You shall dili­gently enquire, and a true presentment make of all such matters and things as shall be given you in Charge—You shall present no man for envy, hatred, or malice; neither shall ye leave any man unpresen­ted for love, fear, favour, or affection; or [Page 8] hope of reward; but you shall present things truly as they come to your know­ledge, according to the best of your un­derstanding. So help you God.]

Where, we see they are bound by Solemn Oath to present things as they come to their knowledge. This excludes all Negatives and a simple Nescience: no Supernatural Inspiration is here to be pretended: no Enthusiastical per­swasion to be admitted: but they are to fol­low Truth and Justice as far as the best of their Understanding can carry them.

And how is their Understanding to be di­rected? Doubtless this is to be done (1.) ei­ther by Publick Fame; or (2.) by the Notorie­ty of the Fact; or (3.) by ocular inspection and personal knowledge; or else (4.) by the Infor­mation of credible Witnesses. But I humbly conceive such as Conceal, or (which is all one) quash the Discovery of a Treason or any o­ther Crime, are, in Law, suspected to abet and encourage it.

I am not ignorant that men of profligate Lives and Consciences, as well as those of de­sperate Fortunes, may accuse and charge Per­sons of known and eminent Integrity, out of [Page 9] malice or design, when there is no probable ground for such Accusations; and such In­dictments are deservedly disown'd, and ought to be thrown out as Libellous and Scanda­lous Suggestions.

But when the King is personally concern'd in the Indictment, (whose person is of more2 Sam. 18. 3. value with Loyal Subjects than ten thousand of themselves, and therefore so strictly guard­ed by all Laws, both Human and Divine, as well against the heart and imagination, with the tongues and pens, as against the hands and assaults of bloody Rebels and Assassines:) He is worthily supposed to carry the tenderness of a Father toward his Subjects, which always puts him in mind of his Duty to protect; and therefore abhors all thoughts, as well as pro­jects, to insnare them.

When a Subject therefore is Indicted for some Crime against his dread Soveraign, such a person (though cried up for never so great a Patriot among the Rabble) is not factiously or pitifully to be dismist; but to be put under so much the severer Examination. Inquiry is to be made into his Manners, and the tenour of his Conversation; what Principles he has [Page 10] own'd, what Practices and Machinations he has been concern'd in, (for a wicked man is presumed to be no Changling, till he has given cleer, constant and lasting proofs of his a­mendment:) how he stands affected for the present; what Party he has espoused, what Speeches he has utter'd, and what general De­sign he aims at; which will be no hard matter to determine by the means he uses to accom­plish it. Upon such an Inquisition it will be ve­ry easie to resolve, and with moral certainty, whether the Party is to be suspected liable to such an Accusation brought against him.

I do not deny but the Witnesses are to be ta­ken into Consideration too; but that is more properly done upon the Trial, when the Pri­soner makes Exceptions against them (against which time they come prepared, for that rea­son, to justifie their own Credibility) but for the Grand Jury, (who have nothing to object against them, of their own certain knowledge) to be very strict and scrupulous in sifting the King's Evidence; and then to let the Accused escape without a Legal Trial, (I mean, to dis­miss him, and not suffer him to be brought to the like Examination, (when these Witnesses [Page 11] appear to be Probi & Legales homines) besides the little regard it shews to the King's life and safety, it savors so rank of Faction and a sel­vish Partiality, no Loyal Stomack can digest it.

For if it be thus with the Prince, will it be any better with his Loyal Subjects? and if things be suffered to run at this rate, it will come to pass in a short time, that None shall suffer that be of such a Faction, tho never so guilty; None shall be safe that are against it, tho never so Innocent. And then what will be­come of our English Liberty? Whither shall we Appeal when our Goods are rob'd and plundered, or our Lives threatned or assault­ed? Magna Charta will no longer be the Pri­viledge of the Loyal (for whose sole benefit it was granted) but his Snare, and the Mono­poly of Traitors and Dissenters.

'Tis very true what you alleadge, That no Oath can be taken against the King; and this shews that the Laws have a great veneration for his Majesty, and set a Sacred estimate upon, both his Person and Authority, in proceedings of this kind. But this is no prejudice to the Party arraigned; for if he has any Witnesses they are obliged to declare the Truth they [Page 12] know, (relating to the Trial in hand) as if they were upon their Oath; and their Testimony, always finds a valuable regard, according to the due weight and merit of it.

But what they alledge must not be upon Conjecture or a doubtful Hear-say, but upon their own certain knowledge; which, how men can pretend to in Matters of Fact, unless you'l make them Ʋbiquitaries and Omniscient; or the Matter of Fact be limited to such Cir­cumstances of time and place, as they can po­sitively say and swear they were individually privy to, cannot easily be imagined. And if they proceed upon an implicite Faith, that is no very credible practice, being derived from the Church of Rome, and deservedly Con­demn'd by all true Protestants.

But in this Case, you know very well, there was no such thing as a Counter-Evidence or Cross-Examination; For the Jurors were to the Prisoner both his Vouchers and his Judge; and did deliberately Acquit him by an Igno­ramus.

But you tell me (for you leave nothing un­faid that may make for their Excuse) that these Juries are Judges; and for some sort of [Page 13] them, I am very ready to acknowledge it; not only because it is the Opinion of Stephen Colledge, and John Lilburn before him; but be­cause it is the Judgment of my Lord Chief Justice North, who tells that Jury (Impannel'd to try Colledge, pag. 97.) As to the truth of the Evidence, that is a question of Fact, arising from the Witnesses, and must be left upon them, whereof (his Lordship tells them) you are the proper Judges.

But this is spoken of a Petty Jury, a Jury of Life and Death, which may differ much from that of a Grand Inquest; whose Duty is to en­quire for our Soveraign Lord the King, All Bills of Indictment are preferred to them to that effect.

The Witnesses to those Bills are charged upon Oath after this manner; The Evidence which you shall give to the Grand Inquest against A. B. upon this Bill, shall be the Truth, the whole Truth, and nothing but the Truth. These Wit­nesses are sent to the Grand Inquest, or exa­min'd in open Court before them; when They are agreed, then, upon the backside of those Bills they find true (which they always do, or should do, where they find a probable [Page 14] Ground for an Accusation) they Indorse Bil­la Vera; and thereupon the Party who stands Indicted, is Arraign'd before a Petty Jury, le­gally returned to Try him,

But upon such Bills as these Jurors find false (which is or should be only when there is no sufficient Ground for an Accusation), They Indorse an Ignoramus: These Bills are reject­ed, and the Parties never brought to Trial. And, if here be a Mistake, or a wilful Prete­rition, 'tis like an Errour in the first Concoction, that will hardly admit of an after Remedy.

But by these Proceedings it appears clear­ly, that the Grand Inquest is obliged to weigh and ponder the Contents and Merits of the Bill, and to regard the Credibility and Suffi­ciency of the Witnesses; and upon a due Consideration of them both, They do either quash the Bill, as unfit to be presented, or else present it, and so promote the Prosecution of the Party.

A Judgment of Discretion therefore we must allow them, and something more; for they will take themselves to be undervalued if they should not have the Honour to be reputed as Great Judges as those of a Petty Jury: [Page 15] Judges therefore let them be a Gods Name in their own Capacity, provided they move not out of their own proper Sphear, nor up­on another Center from the Supream Autho­rity; for we are told by St. James, There are Judges of evil thoughts.

Let these Will-be Judges therefore stand forth and hear their Charge and Duty from the mouth of God himself. Judges and Officers shalt thou make thee (the Law of God extends to allDeut. 16. 19, 20 Ministers of Justice): and they shall judge the people with just judgment: Thou shalt not wrest judgment: Thou shalt not respect persons, neither take a gift. Justice, Justice, or as the English Translation reads it, that which is altogether just shalt thou follow.

For One that is entrusted to hold the Scales of Justice even, and to weigh all Matters that are brought before him according to their due Merit; for such a One to come into a Court of Judicature, with his Mica. 6. 11. Prov. 11. 1. c. 20. 10. false Ballance and his Bagg of unjust Weights, with an E­pha and an Epha, 'tis an Abomination.

What is the false Balance, in the Moral of it, but a corrupt Conscience? What are those unjust Weights but corrupt Passions? A slavish [Page 16] fear, and a foolish pity; a greedy hope, and a fond affection; a filthy Bribe, or a fawning Popularity? These are the false weights, that will turn the Scales of Justice from the due course of Right and Equity. And what is it to have an Epha and an Epha, but to measure out our respects and dealings, according to our inclinations, be they more or less, to this or the other Party? When the Indictment is for the very same Crime, and the averment made by the very same, or no less creditable Witnes­ses, to set Billa Vera upon the back of a true Conformist (who loves and obeys the Laws and Government) and to dismiss a Dissenter (who despises both) with an Ignoramus; This is an execrable Partiality.

And he that takes upon him to be a Judge, or if he be duly constituted to bear that Of­fice, He may as well justifie the practice of ta­king Bribes, as that of Partiality; for indeed they are equally forbidden, and Partiality seems to be the greater fault; for Bribes are forbidden on purpose to prevent Partiality; because they may blind the eyes of the wise, and the words of the righteous, Deut. 16. 19.

But Bribes are not the only Temptations [Page 17] to Partiality. There are Temptations of ano­ther Nature, both from within, and from with­out; tho those from without could have no effect, if they were not invited from within, and found no entertainment there; (for in this case the Receiver makes the Thief).

Some are tempted and suborn'd by an in­veterate Malice, and some by a peevish Frow­ardness; some by a proud Ambition, and some by a sordid Avarice: some by a foolish Pity, and others by a fawning Popularity.

God has thought fit to challenge all affecti­ons, that are put upon the Pannel, except the love of Justice: Deut. 1. 17. Ye shall not respect persons in judgment; but you shall hear the small as well as the great; you shall not be afraid of the face of men; for the judgment is Gods. There he sets a­side two at once; not only fear, but favour and affection too. As he will not have the judgment of the Poor wrested, for luere or ill will, so nei­ther will he allow him to be countenanced in his Cause out of a Partial fondness Exod. 23. 3, 6. Thou shalt not respect the person of the poor, nor honour the person of the mighty, (Levit. 19. 15.) Here Pity and Ambition are set aside. And Covetousness without all question is set by, in the same Pro­hibition [Page 18] with Oppression & Bribery. And because Popularity swaies very much with discontented Politicians, who (being thrown out of Im­ployment) are wont to court the Multitude for their own Ambition or Security, and be­cause not only frantick Zelots, but also jealous and well-meaning Persons, (who are easily im­posed upon by plausible pretences,) are apt to follow such Leaders; Therefore that crafty and aspiring Passion of Popularity is set aside as altogether unfit for Judicature. Thou shalt Exod. 23. 2. not follow a Multitude to do evil: neither shalt thou speak, (or answer) in a Cause, to decline af­ter many, to wrest judgment. He is neither to joyn in the Conspiracy, nor to countenance or approve thereof; for it is a deadly sin: but he is obliged, to the utmost of his power, to en­deavor to hinder it, as his bounden duty.

That Jury that acquits a Notorious Male­factor, and finds a man of Integrity to be Guil­ty, the Result of their Inquest is not a Verdict, but a Conspiracy. To pass an unjust Sentence upon the Innocent, (common Humanity will Condemn; and to absolve a presum'd Crimi­nal, stands upon an equal guilt in God's ac­count; and they are both abominable; He that [Page 19] justifieth the Wicked, and he that condemneth the just; even they both are an abomination to the Lord: Prov. 17. 15. Against the Acquital of the Wicked, we have these Reasons from Mr. Cartwright; (1.) They always grow worse, when Ad locum. they are absolved, (as he observes); (2.) Honest men are disturb'd and troubled at it; and sometimes are tempted to take too much Licence, from such Indulgence, to follow the lewd Example. (3.) Such wicked men as are flesht by such indulgence, are apt to run headlong into greater Crimes. But as he observes—

If he who commits any one of these two Crimes of Injustice be abomination before God; then certainly He who runs desperately upon them both, provokes a greater Indigna­tion against himself from Divine Vengeance. And give me leave to observe thus much to you, that They must Condemn the King, if they can Acquit the Prisoner upon such an Accusation.

Solomon tells us, It is not Good, (which is a Figure of Rhetorick) and signifies, it is ex­treamly ill) to accept the person of the wicked, to Prov. 18. 5. overthrow the righteous in judgment: Much more certainly, (and how much more must [Page 20] be left to decision of the Great Judge, who understands best what a value he sets upon his own Vicegerent) to overthrow a just Prince, when his Life and Honour are in jeopardy.

'Tis not so small a Fault as the Vulgar ap­prehends, to let go a Common Criminal with­out punishment; for such a one (if he be No­torious) is a Common Curse; and so are they that make it their Business to acquit him; He that saith unto the wicked, Thou art righteous, Prov. 24. 24. Him shall the people Curse; Nations shall abhor him. However such a Malefactor may be flat­tered by a factious headstrong Rabble, the Na­tions of sober and just men will cry out a­gainst him; yea, and against them too (for en­couraging his Impiety,) and the cry of their Execrations will enter into the Ears of the Lord of Sabbath, and so much the sooner, when the just complaints of the Lord's Anointed bears them Company.

Sir, you need not have askt that Question, What Measures the Jury should take in such a Case? If they had been an Ignoramus in a strict and proper sense, perhaps it had been better for them, tho no less abominable in such as made the Pannel; for taking them to be [Page 21] what they think themselves, and what the Po­pulacy begins to call them; that is taking them to be Judges, in the Case, we find that of St. Austin to be most true, Ignorantia Judicis ple­runque d De Civit. L. 16. c. 6. est Calamitas Innocentis: the Ignorance of the Judge is for the most part, the Mischief of the Innocent.

St. Ambrose Serm. 20. in Psal. 118. gives an excellent description of a good Judge: He does nothing Arbitrary, or out of a private Resolution. He brings none of the Prejudices of his own will unto the Tribunal with him. He puts off all favour and affection, and lays aside all inclinations of flesh and blood, that he may not be prepossest or biass'd, and swerve from the Rule of Law; but conforms his Sentence to the Sta­tutes of Just and Right. He does indulge nothing to his own Conceit: He brings nothing from home with him, that is premeditated and prepared to warp his Judgment: He follows the Laws, not oppose them, and examines the Merits of the Cause but does not adulterate or change it.

We have the best Example for this Practice, the Judge of all the world: Joh. 5. 30. I can of my own self do nothing; as I hear I judge: and my judgment is just, because I seek not my own, but the will of him that sent me. ‘Let the Judges of the [Page 22] world learn from hence, saith the Father, with what affection, what sobriety, what sincerity they should approach the Seat of Judgment. He that is Omnipotent can do nothing by his Power, but governs himself by his Integrity in a Case of Judicature. The Duty is so Sa­cred, He indulges nothing to his own will in it, but devotes himself solely unto Justice; As I hear I judge; and my judgment is just, be­cause I follow the Rule and Laws of him who put me into Commission. Quasi homo loquitur, quasi judex docet: Christ speaks like a man; but teaches like a Judge; for he that judgethIdem Ibid. must not follow his own will, but the course of Law and Justice.’ But the unjust Judge does otherwise: Pilate says not so, [As I hear I judge] makes no such Profession: But usurps Autho­riry at another rate, Joh. 19. 10. Knowest thou not that I have power to crucifie thee, and have power to release thee? Pilate is here taken by the words of his own Mouth, (saith that Fa­ther;) The Laws of Justice are not his Rule, but his Power: And by that Power he condemn'd the Prince of Peace; and by that Power He acquit­ted that very Person, who had made a Sediti­on in the City, and committed Murder in theLuke 23. 19. Mark 15. 7. heat of his Insurrection. Was this according [Page 23] to Conscience, to the Rule of Equity, or the Law of Nations?

A Judge is to proceed according to his E­vidence, Secundum Allegata & Probata; not ac­cording to his own Conceit, or human per­swasion; wherefore the Clerk calls upon Ju­rors to attend and to hear their Evidence; which were to no purpose, if they were allowed to govern themselves by any preconceived pre­judice, either against the Person or the Truth and Honesty of the Witness. For he judg­es as a Publick person (and so should all Ju­rors act) for his King and Country; wherefore he is obliged to follow, not the Notions he has as a private person, but to govern himself by the Laws and Customs of his Countrey, by such Informations and Notices as come to him regu­larly upon the account of his Office and Au­thority. If a Judge should be allowed to do otherwise, a Gap would be set open to Con­demn the Innocent as well as to free the Guilty: The people would learn to despise the Laws, and have the course of Justice in Contempt by such examples; the tranquility and peace of the Commonwealth would be disturb'd, and all the Foundations of the Government would be [Page 24] out of Course, as the Learned Lawyers and Ca­suists do observe.

There is One Case, and but one, that I have met with, wherein a Judge may decline the E­vidence which is given, and not proceed upon the Matters alledged and judicially prov'd be­fore him: that is, when, according to the Com­mon Course of Law, he should take away the lifeCas. Cons. L. 5. c. 54. §. 21. of a Man, Quem evidenter novit esse Innocentem, whom he does evidently (and not by conje­cture or good opinion only) know to be Inno­cent, as Amesius states it. For example, A. B. is arraigned for Murder; the Allegations and Proofs produced are strong & clear to make him Guilty. Tho the Witnesses be never so positive in their Assertions; yet if the Judge knows the person Accused to be free and in­nocent; if he knows He was then Absent, or else observed him quiet and unconcern'd in the quarrel, and saw another person commit the Murder: upon this his certain knowledge of the Matter of Fact, neither Law, nor Con­science will allow him to give Sentence upon such an Innocent person, but he is obliged to use his utmost diligence and interest to rescue him from false Accusers.

But this is so far from the Case in hand, that had Amesius been alive, he would have commenced a fresh Suit against such an Igno­ramus, with as much heat and vigor as ever he did against the Ceremonies of the Church of England.

I speak now of this Grand Inquest, as they are lookt upon in the quality of Judges: And Judges we know, have not long since, been impeacht, for Illegal, Partial, and Arbitrary proceedings. If these Jurors will put them­selves upon the Bench, with Judges, they must be content to take the like fate with them, when they are observed to do amiss. For their offence is of a higher and more exten­sive Nature; and being, at least forty for one, more diffused, 'tis so much the more perniti­ous; and if a timely Remedy be not apply'd, 'twill spread so fast and so far, as to grow E­pidemical, and Corrupt the Justice of the Na­tion: And now the Practice is so bold as to affront the King, no man can expect better measure from such Pannels, unless he be a Bird of the same Feather; For 'tis evident, that among the several ways and methods of discovering a Criminal, two at least, are pre­vented [Page 26] and supprest by this means. For you must give me leave to expostulate the Case with you.

1. Was there no Colour, no probable ground, no sufficient matter for an Accusation? Was not the Indictment for Crimes of as deep a dye as those for which others have been de­servedly Condemn'd? Was not the Evidence as full, cleer, and every way as sufficient, both for weight and number, as the Law re­quires? Were not some of the Witnesses the very same, and all of them of as good Re­pute and Credit, as those that serv'd the turn, without dispute, in other Cases? Durst not those Jurors trust the Prisoner to be tried by God and his Countrey? Or durst they not Trust him to Himself, lest the presence of his Accusers, and the force of their Charge, face to face, should sting him into a Con­viction, and melt him into so much Ingenui­ty as to Confess the Fact, to discover the As­sociation, and betray a Common Guilt?

Is there not such a Proclamation as this made at the Arraigment of a Malefactor? If any man can inform my Lords, the Kings Justi­ces, the Kings Serjeant, or the Kings Attorney, [Page 27] or this Inquest to be taken between our Soveraign Lord the King, and the Prisoner at the Barr, of any Treason, &c. let them come forth, and they shall be heard.

Who can tell but some Shy or Modest Wit­nesses might have taken Courage to shew their Duty and Allegiance, had they seen the Prisoner thus legally Arraign'd, and brought to Trial in good earnest?

These two ways of discovering the Crime, that is to say, 1. By the Confession of the Party upon Conviction; and 2. by such Evidence as might have come in upon Proclamation; were prevented and supprest by this Ignora­mus. And it seems, The Crown and Dignity, nay the very Life of our Dread Soveraign, which was pretended to be so deer and preti­ous to us, when 'twas threatned and endan­ger'd by the Papists, is now become so low and cheap, in our esteem, when it is like to be sold or made over into the hands of a Facti­on of Republicans, that 'tis not so much as to be Considered, or put into the Balance, when the life of one of that Party is call'd in question.

You are pleased to ask me, Would you [Page 28] not have them go according to their Consci­ence? Yea, with all my heart. But if we duly weigh the Nature and Offices of Consci­ence, we shall easily discern that this is but a futilous and putid Allegation; For Consci­ence has no such Franchise Royal, as some of late have made it; it gives us no priviledge to do what we list; for it is a kind of Consi­storian Constitution; there is a Judicature set up in it; and the proceedings and Office there­in exercised, are thought to be best and most aptly set forth by the Parts of a Categorical Amesius Cas. Consc. l. 1. c. 1. §. 7, 8. Syllogism; wherein the Law makes the Major Proposition after this manner, Every Traytor ought to be brought to Condigne punishment: The Evidence makes the Minor thus: This Person A. B. is a Traytor; And when these two Pro­positions are laid together, A Good Consci­ence can never fail of a right Conclusion. And let me talk never so demurely, when Re­ligion is made nothing but a Faction, Consci­ence can be nothing else but Conspiracy, or Pretence.

But I perceive you think it a great piece of Charity; and if it were an Errour, you tell me, it was an Errour of the right hand, and [Page 29] so the more excusable: But, Sir, Charity must not appear upon the Bench to obstruct the Justice: God gives her no such Commissi­on; Deut. 16. 20. She is to be no Advocate in a Case of Judi­cature, when a Matter is upon Trial; how far soever she may obtain Audience when the Trial's over. And be the Errour on which hand it will, there lies a Writ against it in the Court of Heaven.

Nor will the pretended Charity to a sin­gle Person compensate the Mischief of Un­justice done to the Community. In such Pro­ceedings of a perverse Inquest, there is a Com­plication of more and more grievous Mis­carriages than possibly you may imagine.

For you must always remember, These Jurors are under Oath, not to Conceal any thing that shall come to their knowledge, for Fear, Favour, or Affection, Reward, Gain, or Hope; but to present the Truth, and the whole Truth. Now in doing otherwise

1. They violate this Oath; and turn the Sacrament of Truth into a Sanctuary for Transgressors. And if it be certainly true (as most certain it is) That for rash and common Oaths the Land mourn; much more for the [Page 30] breach of Solemn Ones, and most of all, when this is done by the Ministers of Publick Ju­stice.

2. They frustrate the end of such Civil Con­stitutions; They rescue a common Pest, a Trai­tor from condigne punishment; which may bring a common Guilt upon the Kingdom.

3. They leave the Person of the Prince ex­posed to the Machinations of a Traitors Malice, whom such Indulgence will animate to the greater danger of the King, and perhaps the Ruine of the Kingdom,

4. They defame the Witnesses, and lay the foulest blot upon them that can be imagined; They give occasion to make the World be­lieve, That they are suborn'd and perjur'd men, of no faith in their Averments, of no use in a Commonwealth, nor fit for any trust in Civil Conversation. And if this be according to the Law of Charity, and doing as we would be done by, (which is the Law of Christ) The Gentle­men of such Inquests must be content to have their own Reputation Meted out by the very same Measure.

5. They incur the Guilt of all those Crimes charged in the Indictment; For tho 'tis pro­bable, [Page 31] They were not of the Cabal, or admit­ted into the Cabinet, to give the Advice; yet they abett the practice by Consent, and be­come guilty by the venome of Adhaesion in a tacite Concealment of the Fact, and removing the Criminal out of the way of Trial that he may escape the hand of Justice.

What you say more for their Excuse seems to carry a suspition, that you think them of the same Party with the Accused; and no man is bound to accuse himself. But I must take leave to tell you, He that knows himself Guilt­less may take a voluntary Oath to acquit him­self, and assert his own Innocency.

But, if he be put upon the Pannel, and ac­cepts the Office of a Juror, you know he is sworn to make a true presentment, not only of all such Matters, Articles, and Things as are given him in Charge, but also of such other Matters and Things as shall come to his know­ledge touching the present Service. Having accepted this Service (from which he might have excused himself) He is bound by his Oath (as he makes it voluntary by not declining it) to discover the whole Truth he knows, tho he finds himself involved in the guilt; and in the [Page 32] Course of Justice, where any Conscience is left, it is no unusual thing to find Confitentem Re­um, a Guilty Man his own Accuser.

Sir, to conclude your trouble with my own, I cannot dissemble my Opinion, That such as stickle so eagerly to release Barrabbas, if it were in Their power, They would easily deliver up Jesus to be Crucified. For if you well observe it, That was done by a kind of Ignoramus Jury: So much is imply'd in our Saviours Prayer for them: Father forgive them; for They know not, what they do; Indeed their Ignorance was not invincible but wilful and affected.

Their Zeal made them Mad, and their Ma­lice blind, and both together kept them Igno­rant of the things which belonged to their Peace. Their fear of the Roman Yoak made them Conspire against their Matth. 2. 2. Native King: Venient Romani, the Romans will come; ThatJohn 11. 48. was the pretence: But Nolumus hunc regnare, Luke 19. 14. We will not have this Man to reign over us, was their stubborn Resolution.

The fruitless Figg-tree was mark't out for the Symbol both of their Guilt and Punishment, and became a Prolusion to Gods dereliction of [Page 33] Them under the Course of a Sacred barenness. After several severe Essays of his Displeasure without any Remedy or Effect, at last (King Charles 1. murdered Jan. 30. 1648. which is 33 years since. Deus avortat Omen. and that within less than Forty years) 1 Thess 2. 15, 16. The wrath of God came upon them to the uttermost. And through their damnable Hypocrisy against Heaven, and their restless Mutinies and Sedi­tions against their Governours, Divine Ven­geance brought upon them their own Fears: the Romans came in good earnest, and took a­way both their Place and Nation: lest them nei­ther City nor Temple, neither Priest nor Sacri­fice, neither Prince nor Government. Their Kingdom was of this World, and whatever They might pretend, They look't no high­er. And if we reflect upon Their present Circumstances, They are skilful only to get Wealth, but a common Execration among all Nations.

And this was the sad Fate of a Jerusalem Ignoramus.

1 Cor. X. 11, 12.

Now all these things happened unto them for Ensamples: and they are written for our Admo­nition, [Page 34] upon whom the Ends of the World are come.

Wherefore let him that thinketh he standeth, take heed lest he fall.

FINIS.

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