"If having pregnant evidence, nevertheless, the twelve do
acquit the malefactor which they will do sometime, especially if
they perceive either one of the justices or of the judges, or some
other man, to pursue too much and too maliciously the death of the
prisoner, * * the prisoner escapeth; but the twelve (are) not only
rebuked by the judges, but also threatened of punishment; and
many times commanded to appear in the Star-Chamber, or before the
Privy Council for the matter. But this threatening chanceth oftener
than the execution thereof; and the twelve answer with most
gentle words, they did it according to their consciences, and
pray the judges to be good unto them, they did as they thought
right, and as they accorded all, and so it passeth away for the
most part." p. 100.
The account given of the trial of a peer of the realm corroborates
the same point:
"If any duke, marquis, or any other of the degrees of a baron,
or above, lord of the Parliament, be appeached of treason, or any
other capital crime, he is judged by his peers and equals; that,
is, the yeomanry doth not go upon him, but an inquest of the Lords
of Parliament, and they give their voice not one for all, but each
severally as they do in Parliament being (beginning) at the
youngest lord.
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