Floyd and Barker conspiracy do not lie against a juror or indictor but against  a witness in this very term between rice bee Evan bee Floyd and Richard Barker  one of the justice of the grand session in the county of Anglesey and other  defendant it be resolve by Popham and coke chief justice the chief baron and  Egerton lord chancellor and all the court of star Chamber that when a grand  inquest indict one of murder or felony and after the party be acquit yet no  conspiracy lie for he who be acquit against the indictors for this that they  be return by the sheriff by process of law to make enquiry of offence upon  their oath and it be for the service of the king and the common wealth and as  it be say in the Elizabeth they be compellable to serve the law and the court  and their indictment or verdict be matter of record and call Veredictum and  shall not be avoid by surmise or supposal and no attaint lie and for this  reasontheyshallnotbeimpeached for any conspiracy or practice before the  indictment for the law will not suppose any unindifferent when he be swear to  serve the king and with this agree the book in ass assize p Edward Henry  Edward Henry f n b a but it be otherwise of a witness for if he conspire out  of the court and after swear in the court his oath shall not excuse his  conspiracy before for he be a private person produce by the party and not  return by the sheriff who be a officer swear and the juror be swear in court  as indifferent person and the law presume that every juror will be indifferent  when he be swear nor will the law admit proof against this presumption it be  resolve that when the party indict be convict of felony by another jury upon  not guilty plead there he never shall have a Writ of conspiracy but when the  party upon his arraignment be fixed by law modus acquietatus but in the case  at the bar the grand jury who indict one William price for the murder of Hugh  bee William the jury who upon not guilty plead convict he be charge in the  star Chamber for conspiracy against he and indict and convict which manner of  complaint be never see before for if the party shall not have a conspiracy  against the indictors when the prisoner be acquit upon his indictment a  Multofortiori when he be lawful convict he shall not charge neither the grand  inquest by who he be indict nor the jury who find he guilty for the law in  such case do not give any attaint for this that he be indict by the oath of  twelve man at the least and find guilty by twelve and in these case the king  be the sole party to the proceed against the prisoner but on the other side  when a jury have acquit a felon or traitor against manifest proof there they  may be charge in the star Chamber for their partiality in find a manifest  offender not guilty ne criminal to stay behind unpunished and it will be a  cause of infinite vexation and occasion of perjury and smother of great  offence if such averment and supposal shall be admit after ordinary and  judicial proceed and it will be a mean and to frighten off et detrahend  a swearer a slavery king it be resolve that the say Barker who be judge of  assize and give judgement upon the verdict of death against the say wonder p  and the sheriff who do execute he accord to the say judgement nor the justice  of peace who do examine the offender and the witness for proof of the murder  before the judgement be not to be draw in question in the star Chamber for any  conspiracy nor any witness nor any other person ought to be charge with any  conspiracy in the star Chamber or elsewhere when the party indict be convict  or attaint of murder or felony and although the offender upon the indictment  be acquit yet the judge be he judge of assize or a justice of peace or any  other judge be judge by Commission and of record and swear to do justice can  be charge for conspiracy for that which he do open in court as judge or  justice of peace and the law will not admit any proof against this vehement  and violent presumption of law that a justice swear to do justice will do  injustice but if he have conspire before out of court this be extrajudicial  but due examination of cause out of court and inquire by testimony et like be  not any conspiracy for this he ought to do but subornation of witness and  false and malicious persecution out of court to such who he know will be  indictors to find any guilty c amount to a unlawful conspiracy and record be  of so high a nature that for their sublimity they import verity in themselves  and none shall be receive to aver any thing against the record itself and in  this point the law be find upon great reason for if the judicial matter of  record shall be draw in question by partial and sinister supposal and averment  of offender or any on their behalf there never will be a end of cause but  controversy will be infinite et infinitum in jure to disapprove and for this  it be adjudge in the Edward that a judge who have a Commission Viz that be of  record shall not be charge in conspiracy which be to be understand of what he  do in court for the reason and cause aforesaid and with this agree the book  Edward ass pl and the reason be for this that though the party be acquit yet  the accuse stand with the record and accord be the law take in this case but  in a hundred court or other court which not of record there averment may be  take against their proceed for that it be no other than matter in pais and not  of record as it appear in the Edward also one shall never assign for error  against that which the court do as judge as to say that the jury give verdict  for the defendant and the court do enter it for the plaintiff or to say that  the party who levy the fine be dead before the fine be levy or such like vide  Henry Henry Henry Henry mar dyer but in a Writ of false judgement the  plaintiff shall have a direct averment against that which the judge in the  inferior court have do as judge averment because record non to have and with  this accord Henry and as a judge shall not be draw in question in the  Casesafore say at the suit of the party no more shall he be charge in the say  case before any other judge at the suit of the king and for this in the ass pl  one be indict and arraign at the suit of the king that as he be a justice of  oyer and terminer where certain person be indict of trespass before he he make  a entry of record that they be indict of felony and it be adjudge that this  indictment be against the law for this that he be a justice by Commission and  that be of record and this present act shall be to defeat the record Hoc be to  aver against that which he do as judge of record which can be by the law vide  ass pl Richard ass pl Henry and it be say that it be the case of one Nudigate  who as a justice of peace have record a force upon a view which he do as judge  upon record and a bill be exhibit against he in this court for this that he  have false make a record where indeed there be not any force and by the  opinion of Catlyn and dyer chief justice it be resolve that that thing that a  judge do as judge of record ought not to be draw in question in this court  note well that the say matter do at the bar be not examinable in the star  Chamber and for this it be order and decree by all the court that the say bill  without any answer to it by the say Richard Barker shall be take off the file  and cancel and utter deface and it be agree that insomuch as the judge of the  realm have the administration of justice under the king to all his subject  they ought not to be draw into question for any suppose corruption which  extend to the annihilate of a record or of any judicial proceed before they or  tend to the slander of the justice of the king which will trench to the  scandal of the king himself except it be before the king himself for they be  only to make a account to God and the king and not to answer to any suggestion  in the star Chamber for this will tend to the scandal and subversion of all  justice and those who be the most sincere will not be free from continual  calumniations for which reason the orator say well invigiland be always  many men  ambush  are good and the reason and cause why a judge for any thing  do by he as judge by the authority which the king have commit to he and as sit  in the seat of the king concern his justice shall not be draw in question  before any other judge for any surmise of corruption except before the king  himself be for this the king himself be de jure to deliver justice to all his  subject and for this that he himself can do it to all person he delegate his  power to his judge who have the custody and Guard of the king oath and  forasmuch as this concern the honour and conscience of the king there be great  reason that the king himself shall take account of it and no other and Thorp  who be draw in question for corruption before commissioner be hold against the  law and upon that he be pardon and it be contain in the same record quoth non  to draw in exemplum vide the conclusion of the oath of a judge vide the  chronicle of stow Edward note Thomas Weyland chief justice of the common bench  sir Ralph Hengham justice of the king bench and the other justice be accuse of  bribery and corruption and their cause be determine in parliament where some  be banish and some be fine and imprison vide Edward fol that the justice of  trail baston so call for their summary proceed be in a manner justice in Eyre  and their authority be find upon the statute of ragman which you may see in  the old great Charta vide the from of the Commission of the trail baston  Holinshed Chron fol and note it appear by the say precedent and chronicle that  the king do examine the corruption of his judge before himself in the  parliament and not by force of any Commission absurdum be affirmar recredendum  be non judgment