Tynners, according to which the Steward pronounceth iudgement. He
that will spare credit to the common report, shall conceiue an ill
opinion touching the slippings of both witnesses and iurours
sometimes in these Courts: For it is sayd, that the witnesses haue
not sticked now and then to fatten their euidence, rather for seruing
a turne, then for manifesting a truth, and that the Iurours verdict
hath fauoured more of affection then of reason, especially, in
controuersies growne betweene strangers and some of the same parts.
And such fault-finders vouch diuers causes of this partialitie: One,
that when they are sworne, they vse to adde this word, my conscience,
as the Romans did their Ex animi mei sententia, which is suspected to
imply a conceyted enlargement of their othe: Another, that the
varietie of customes, which in euery place (welneere) differ one
from another, yeeldeth them in a maner an vnlimited [19] scope, to
auerre what they list, and so to close the best Lawyers mouth with
this one speech, Our custome Is contrary. And lastly, that they
presume upon a kind of impunity, because these sixe mens iuries fall
not within compasse of the Star-chambers censure, and yet the L.
Wardens haue now & then made the pillory punishment of some, a
spectacle, example, and warning to the residue. For mine owne part,
I can in these Tynne cases, plead but a hearesay experience, and
therefore will onely inferre, that as there is no smoke without a
fire, so commonly the smoke is far greater then the fire. Strange
it were, and not to be expected, that all poore Tynne Iurours and
witnesies, should in such a remote corner alwayes conforme themselues
to the precise rule of vprightnesse, when we see in the open light of
our public assises, so many more iudicious and substantiall persons
now and then to swarue from the same.

In matters of important consequence, appertayning to the whole