The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Pasch. 5 Jacobi Regis.

Case of Conspiracy.

This Term, in the Case between Rice ap Evan ap Floyd, Plaintiff; and Richard Barker, one of the Justices of the Grand Sessions, in the County of Anglesey, and others, Defendants.

1. Resolved by Popham and Coke, Chief Justices, the Chief Baron, and Egerton Lord Chancellor, and all the Court of Star-Chamber; That when a Grand Inquest indicts one of Murder or Felony, though the Party be ac∣quitted; yet no Conspiracy lyes for him against the In∣••ictors: for they are returned by the Sheriff by Law, to make Inquiry of Offences upon their Oath, for service of the King and Country, and are compellable to serve the Law, 10 Eliz. 265. And their Indictment or Verdict is matter of Record, and called Verum dictum, and shall not be avoided by Surmise, and no Attaint lyes: And with this agrees the Books in 22 Assise 77. 27 Ass. 12. 21 Ed. 3. 17. 16 H. 6. 19. 47 Ed. 3. 17. 27 H. 8. 2. F. N. B. 115. a. But otherwise of a Witness; for if he conspire out of the Court, and after swear in Court, his Oath shall not excuse his Conspiracy before, for he is a private person.

2. Resolved, That when the party indicted, is convictd of Felony by another Jury, upon Not Guilty pleaded, there he shall never have a Writ of Conspiracy: But when he is upon his Arraignment, L••gitimo modo acquietatus. But in the Case at Bar, the Grand Jury who Indicted one William Price, for the Murther of Hugh ap William; the Jury, who, upon Not Guilty pleaded, convicted him, were Charged, Indicted, and Convict in the Star-Chamber, which was never seen before: For if the party shall not have a Conspiracy against the Indictors, when Ac∣quitted, a multo fortiori, when he is lawful Convict, he shall neither charge the Grand Inquest nor Jury that

convicted him. But when a Jury acquits a Felon or Traytor, against manifest Proof, there they may be charg∣ed in the Star-Chamber, ne maleficia remanerent impunita. But if such Supposals shall be admitted, after ordinary Judicial Proceedings, it will be a means, ad detrahendos Juratores & deterrendos a servitio Regis.

3. Resolved, That Barker who was Judge of Assize, and gave Judgement upon the Verdict of Death against the said W. P. and the Sheriff that executed him, nor the Justices of Peace that examined the offender, and the Witnesses for proof of the murther before the Indict∣ment, were not to be drawn in question in the Star-Chamber for any conspiracy, nor ought to be charged there with any conspiracy, or elsewhere, when the party indicted is convicted, or Attaint of murther or Felony. And though such person were acquitted, yet the Judge, &c. being by Commission, and of Record, and sworn to do Justice, cannot be charged for conspiracy, for that he openly did in Court as Judge, Justice of Peace, &c. but if he hath conspired before out of Court, this is extraju∣diciall, but subordinations of Witnesses, and false mali∣cious prosecutions out of Court, &c. amounts to an un∣lawfull conspiracy. And if Judicial matters of Record (which are of so high a nature, that for their sublimity, they import verity in themselves,) should be drawn in question by partiall and sinister supposall and averments of offenders, there will never be▪ an end of Causes, but Controversies will be infinite, Et infinitum in jure rep••o∣batur, 47 Ed. 3. 15. 25. Ed. 4 67. and 27 Ass. pl. 12. But in a Hundred Court, or other Court which is not of Re∣cord, there averment may be taken against their proceed∣ings, 47 Ed. 3. 15.

Also one shall never assign for Error, that the Jury gave Verdict for the Defendant, and the Court entred it for the Plaintiff, &c. Vide, 1 H. 6 4. 39 H. 6. 52. 7 H. 7. 4. 11 H. 7. 28. 1 Mar. Dyer 89. But in a Writ of false Judgement, the Plaintiff shall have direct averment, a∣gainst

what the Judges in the inferior Court have done as Judges, Quia Recordum non habent, 21 H. 6. 34. Nei∣ther shall a Judge in the Cases aforesaid, be charged before any other Judge at the Suit of the King, 27 Ass. pl. 18. & 23. 2. R. 3. 9. 28 Ass. pl. 21. 9 H. 6. 60. Cat∣lyn and Dyer, chief Justices, Resolved, That what a Judge doth as a Judge of Record, ought not to be drawn in Question in this Court.

Nota bene, that the said matters at the Bar were not examinable in the Star-Chamber; and therefore it was Decreed by all the Court, That the said Bill, without any Answer to it by Barker, shall be taken off the File, and utterly cancelled: And it was agreed, That the Judges of the Realm ought not to be drawn into question for any supposed Corruption, which extends to the anni∣hilating of a Record, or tending to the slander of the Justice of the King, except it be before the King him∣self; for they are only to make an account to God and the King, otherwise this would tend to the subversion of all Justice, for which reason the Orator said well, Invi∣gilandum est semper, multae invidiae sunt bonis; And the rea∣son hereof is, the King himself being de jure, to deliver Justice to all his Subjects; and because himself cannot do it to all Persons, he delegates his Power to his Judges, who have the Custody and Guard of the Kings Oath. Thorpe being drawn into question for Corruption before Commissioners, was held against Law, and he pardon∣ed: Vide the conclusion of the Oath of a Judge, Stowes ch••oi 18 Ed. 3. 312.

Weyland, chie•• Justice of the Common Bench, and Hengham, Justice of the Kings Bench, and other Justices were accused of Bribery, and their Causes were determi∣ned in Parliament.

Vide 2 Ed. 3. fol. 27. The Justices of Trayl-Baston, their Authority was grounded upon the Statute of Ragman, which you may see in old Magna Charta. Vide the form of the Commission of Trayle-Baston. Hollingshead Chron.

fol. 312. whereby it appears, That the Corruption of his Judges, the King himself examined in Parliament•• and not by Commission. Absurdum est affirmare, recre∣dendum esse non judici.