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" "An honest Jury will thankfully accept good Advice from Judges, as they are Assistants; but they are bound by their Oaths to present the Truth, the whole Truth, and nothing but the Truth, to the best of their own, not the Judges, knowledge.
John Somers, 1st Baron Somers (4 March 1651 – 26 April 1716) was an English Whig jurist and statesman. Somers first came to national attention in the trial of the Seven Bishops where he was on their defence counsel. He published tracts on political topics such as the succession to the crown, where he elaborated his Whig principles in support of the Exclusionists. He played a leading part in shaping the Revolution settlement. He was Lord High Chancellor of England under King William III and was a chief architect of the union between England and Scotland achieved in 1707 and the Protestant succession achieved in 1714. He was a leading Whig during the twenty-five years after 1688; with four colleagues he formed the Whig Junto.
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Whosoever hath learnt that, the Kings of England were, ordained for the good Government of the Kingdom in the Execution of the Laws, must needs know, that the King cannot lawfully seek any other benefit in judicial proceedings, than that common Right and Justice be done to the People according to their Laws and Customs.
[T]he King's going to a foreign Power, and casting himself into his hands, absolves the People from their Allegiance. He sent an Ambassador to Rome, received a Nuntio from thence, received a foreign Jurisdiction, and set up Romish Bishops in England, that the Popish Religion might intervene with the Government, thereby to subject the Nation to the Pope, as much as to a foreign Prince.
Moreover all humane Laws were ordained for the preservation of the Innocent, and for their sakes only are punishments inflicted; that those of our own Country do solely regard this, was well understood by Fortescue, who saith. Indeed I could rather with Twenty Evildoers to escape death through pitty, than one man to be unjustly condemned. Such Blood hath cried to Heaven for Vengeance against Families and Kingdoms, and their utter destruction hath ensued. If a Criminal should be acquitted by too great lenity, caution, or otherwise, he may be reserved for future Justice from Man or God, if he doth not repent; but 'tis impossible that satisfaction or reparation should be made for innocent Bloodshed in the forms of Justice.