Amicus reipublicæ. = The Common-Wealths friend or an exact and speedie course to justice and right, and for preventing and determining of tedious law-suits. With many other things very considerable for the good of the publick. All which are fully controverted and debated in law. By John March of Grayes-Inne, barister.

Whether tryal by Jury, as it is now in use, be agreeable to reason, and for the good of the publick, or not?

WHen I had seriously consi∣dered with my self, how great a burden lies upon such mens shoulders, who are of a Jury; and

of what great importance this way of Tryal is to all men of this Com∣mon-wealth; the lives and fortunes of all men being subject, and lyable to their verdict and judgement.

And when I had further thought with my self, that although this be the most exact and equal way of Tryal in the World, for men to be judged by their Peers; and that not by one or two onely, but by 12 men of the Neighbour-hood.

And therefore saith my Lord Cook upon Litt. 1. a Jurer ought to be dwelling most near to the place where the question is moved; and such are presumed to be best conusant of the matter of fact.

2. He ought to be most sufficient both for understanding that his igno∣rance may not mislead him;) & com∣petency of Estate (that he may not be corrupted through poverty, or ne∣cessity.)

3. He ought to be least suspiti∣ous, that is, to be indifferent, as he stands unsworn, and then he is ac∣counted in Law, Liber & legalis ho∣mo; otherwise he may be challenged, or excepted against, and not suffered to be sworn.

The most usual way of trial (saith he) is by twelve such men (it were well if they were) for ad quaestionem facti non respondent Judices. And matters in Law the Judges ought to decide, for ad quaestionem juris non respondent Juratores: and certainly this is the most equal and just way of Trial.

For the Institution and right use of this trial by twelve men, and wherefore other Countreys have them not, and how this trial excels others; see Fortescue at large, cap. 25 and 29.

Again, the Law hath taken such

care for equalitie and right in such trials; that the Law hath inflicted a most heavie doom and judgement in case they give a false verdict, by way of Attaint against the Jurie: for which you may see Cook upon Litt. fol. ••94. and Fortescue, cap. 26.

Yet for all this, when I again con∣sider what weak and ignorant Juries are for the most part returned, I cannot sufficiently wonder and la∣ment, that mens lives and fortunes should depend upon such mens ver∣dicts. That such men (as many of them are) who have not had so much good literature, as to be able to read, should be Judges and disposers (as upon the matter they are) of o∣ther mens lives and estates.

But here it may be objected by some, that the trials are before the learned Judges of the Law, who may direct them, and satisfie them in their

doubts; and therefore there is no such fear of injustice, as is sup∣posed.

This I conceive is sufficiently an∣swered before, in that the Law is, that the Jury are the onely Judges of matters of fact, and in that, they may judge according to their own conscience; and are not bound in such case, to ask advise of the Jud∣ges, or if they do, they are not tied to follow it: nor, in truth, ought the Judges in such case to direct them, (though in matter of Law, of which they indeed are the proper Judges, they may and ought to do it) their work is onely truly and faithfully to repeat the evidence on both sides, and so to leave it to the Jurie.

My Lord Cook saith, that in anci∣ent time they were twelve Knights: and Fortescue saith, that the Juries are very oft made, specially in great

matters of Knights, Esquires, &c. cap. 29. fol. 67.

Though this be of as high conse∣quence and concernment to the publick, as may be, yet I shall not desire, that there should be twelve Knights, or twelve Esquires to eve∣ry Jurie; for so in defect of them, there would be often a failer of ju∣stice; and besides, some cases are so small and inconsiderable in them∣selves, that a mean and ordinary Ju∣rie, may be sufficient for that pur∣pose.

But this I shall humbly desire, that in all cases which touch a mans life, or his estate, to any considera∣ble value, there may be twelve able understanding Gentlemen returned of the Jurie, such as are known in their Countrey to be men of com∣petent worth for so great an im∣ployment. This would very much

advance right, and determin disputes and controversies; which now fre∣quently are again revived, by reason of the verdicts of weak and unable Juries. And it were happie for the publick, if an Act were made to that purpose. The next thing I shall discuss, is the loss of life in case of Theft, and the forfeiture thereupon. In which the question is,