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judgement_n	bring_v	case_n	king_n	1,800	5	3.6781	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59002	The second part of the Peoples antient and just liberties asserted in the proceedings against, and tryals of Tho. Rudyard, Francis Moor, Rich. Mew, Rich. Mayfeild, Rich. Knowlman, Gilbert Hutton, Job Boulton, Rich. Thornton, Charles Banister, John Boulton, and William Bayly : at the sessions begun and held at the Old-Bailey in London the last day of the 6th moneth, and there continued till the 7th day of the 7th moneth next following, in the year 1670, against the arbitrary procedure of that court, and justices there : wherein their oppression and injustice are manifested, their wickedness and corruption detected, and the jury-mans duty laid open.	Rudyard, Thomas, d. 1692, defendant.; Moor, Francis, defendant.; Mew, Richard, defendant.; Penn, William, 1644-1718. People's antient and just liberties asserted, in the tryal of William Penn.; England and Wales. Court of Quarter Sessions of the Peace (London)	1670 (1670)	Wing S2312; ESTC R21970	50,633	70

other Persons who have undergone with him the severe Judgments or as some call them the Inquisitory like Censures of that Court which were so far from Juris Dicta The Law of Right or impartial dispencing of Justice that they are clear contrary and directly opposit unto them The Justices of that Court Judge Cook that famous English Lawyer doth well describe in his 2d Inst Fol. 55. in a Poetical Simile of an unjust Judge Grosius hic rodamanthus habet durissima Regna castigatque auditque dolas subigitque fateri And in another place Leges fixit praecio atque refixit They Punish then Hear compel to Confess make and marr Laws at pleasure The Occasion of T. R's being Envyed and Prosecuted by these Adversaries of Peace was because of his faithful defending and Constant appearing when called thereto for his Clyents and Retainders in such Matters Causes as Will and Power had forged and daily did put in execution against them so that the 3d of the 4th Moneth called June the Magistrates of the City of London in the Name or Colour of a Lievtenancy or Militia Issued out a Warrant to break open his house in the dead of the Night to apprehend him when they might have had him at Noon-day upon the Exchange about his occasions and did take and carry away him and also what Arms they there coudl find which Warrant was executed by the Souldiers of one Captain Holford and the next day was sent to the ●o●l of New-Gate as a person suspected and disaffected to the Peace of the Kingdom as was alledged in his Mittimus under the Hands and Seals of Samuel Starling Mayor Wil. Peak Rob. Hauson A. King J. Dawes John Cutler William Rouswel A. Stanyon John Tivell Wil. Allott J. Sheldon and T. Davice The 7th of the 4th Moneth the Lievtenancy so called ordered T. R. to be again brought before them who without alledging any Crime or certain Matter that was proved against him though earnestly requested by him That he might hear his Accusation or see his Accusers face to face did demand 2000 l. security for his Good-behaviour which unreasonable Demand being not complied withal T. R. was remanded to Goal with a Mittimus under Sam. Starling and John Robinsons Hand and Seal Pretending therein That T. R. did stir up persons to the disobedience of Laws and abetted and encouraged such as met in unlawful and Seditious Conventicles contrary to the late Act in the 22th C. 2. of which things they alledged that they found cause to suspect T. R. to be guilty Which Case being brought before the Iustices of the Court of Common-Pleas at Westminster by Habeas Corpus That Court after solemn debate gave their Judgment That T. R. was unjustly Imprisoned and unlawfully Detained And so by them was set at Liberty His Adversary viz. S. Starling the Mayor being incensed at his Deliverance and Discharge finds out new Stratagenis to encompass his ends upon him so that at a Sessions of the Peace at the Old-Baily the 29th of the 4th Moneth an Indictment is framed and preferred against T. R. the Tenor whereof was That whereas at a S●ssions of the Peace held at Guildhall for the City of London the ●●●h of May the 22th year of the King before S. Starling c. an●●he ●ustices of the Peace of the said City assigned c. a certain Bill of ●●●ic●ment was exhibited and preferred against one Samuel 〈◊〉 late of London Stationer written in Parchment for speaking these seditious and menacing Words viz. The first man that shall disturb Mr. Vincent will never go out of the house alive whereas one N. Grove J. Tillot were sworn to give Evidence in behalf of the King to the grand Inquest that T. R. intending to hinder and pervert Justice and due course of Law against S. A. for speaking the seditious and menacing words aforesaid the 30th of May with Force and Arms c. the said Bill of Indictment before it came to the grand Inquest unlawfully secretly and subtilly did get take and had in his hands and unlawfully did conceal and detain from the Jury in contempt of the King and his Laws to the hindrance of Justice and due course of Law against Allingbridge unto the evil example of others and against the Kings Peace Crown and Dignity To which Indictment T. R. appearing in Court and pleading not guilty John Lee told the Bench that there was no cause for that Indictment by reason that S. A. was tryed convicted and acquitted the same Sessions that the pretended Indictment miscarryed Whereupon the Mayor pulling an Affidavit out of his Pocket that bore date the 29th then instant alledged That the Indictment was not drawn to the Case and according to the Instructions that he gave to Jo. Lee and shewed that Affidavit to Archer one of the Justices of the Common-Pleas who when he had perufed and read it over acquainted the Mayor That the matter therein contained was no cause for an Indictment To which the Mayor answered That it is cause and shall be cause and he would stand to it withal affirming That he had asked chief Justice Keeling's Judgment and he advised him to prosecute it So the Instructions were delivered to John Lee to draw up another Indictment This piece of practice was in open Court which manifests their partiallity and unequal dealings to such whom they convened before them to receive Justice at their hands And how little they who sate there as Judges regarded their Oaths and the duty of that place of so great a trust is easily resolved weighing them in the Ballance of Law and Justice Said the learned Cook in his 3 Inst fol. 29. The Judges ought not to deliver their Opinion before-hand upon a Case put and proofs urged on one side in absence of the party accused For how saith he can they be indifferent who have delivered their Opinions before hand without hearing of the party accused when a small addition or substraction may alter the Case And how doth it stand with their Oaths that are sworn That they shal well lawfully serve our Lord the King and his people in the Office of a Justice And they should do Equal Law execution of Right to all his Subjects Yea he saith further That the Kings Council shall not so much as put the case in absence of the Prisoner to the Judges As may be seen at large in 3 Inst fol. 30. And the 3d Statute of 18 Edward 3. In the Judges Oath it s said And that ye give no advice nor counsel to no man great nor small in no case where the King is party Now if the Mayors prosecution and Justice Keelings Advice be according to the Law Justice their Oaths and Duty in their respective places let the World judge The Clark of the Peace drew up another Indictment by the Mayors Directions which contained the substance of the former and further That the said T. R.

the Prisoner be Innocency or Guilt And so the Bench at the Old-Baily acted last Sessions in the Case of Riots Routs and unlawful Assemblies and although there be several Statutes in force which point out the persons that ought to be apprehended and punished as Rioters and Routers as the Statute of 17 R. 2. 8. 13 H. 4. 7. 2 H. 5. 8. with others yet your Recorder and Magistrates pretending to proceed by the Common Law non scripta apprehended quiet and peaceable Religious Assemblies as Riots and Routs and punished them as such the greatest abuse to the Common Law as has been done in any age by such who pretend to sit upon a Bench of Iustice And after the rate of their Proceedings by their abuse of the Law they might have framed an Indictment against a man for vi armis eating Meat at his own Table with his Wife and Children and at last ushering in the Fact committed with these obnoxlous Tearms as Against the King and his Laws Illogally and in contempt of his Crown and Dignity c. And a Iury of their packing would have found them guilty Modo Forma Therefore it concerns you to have great care and regard to the Charge you undertake which is Well and truly to try and true deliverance make according to what is evidenced to your Conscience Cit. But what 's the Reason that Indictments and all the Proceedings of the Sessions be drawn and entred in Latine a Language which few either Jurors or Prisoners understand Stud. It s such a Practice that no Reason can be given for it except to keep the People ignorant especially the Grand Inquests who first pass the Bills of Indictment who being generally unknowing in such Language may perjure themselves blindfold being only informed or made to understand so much of what they swear to as a mercenary Clark will read to them or let them know which besure shall be no more then what 's for the interest of the Prosecutors and the Prisoners disadvantage And if these twelve men who by the Law are uncontroulable Judges shall not bring in or return Billavera to such Indictments as the Bench shall favour your Mayor and Recorder after Iustice Keeling's Example do frequently command them back till they find those Bills according to their direction which great abuse of the Law as Horn calls it is not only one of the greatest Violences that is offered to our Lives and Liberties but also expresly against the very Oath that those Justices take for the execution of that place of Trust which saith Ye shall do even Law and Execution of Right to all Rich and Poor without having regard to any person and that ye give none Advice nor Counsel to no man great nor small in no Case where the King is party Cit. How comes it to pass that these Judges who so violate their Oaths oppress the People so illegally censure the Innocent and condemn the Just escape condign punishment in all Ages which is a due reward for their Oppression and Injustice Stud. To call them Judges is a Title beyond their Place or Commission They are stiled Iustices according to their Office which is to see Iustice done betwixt party and party not to fine and imprison persons at their will and pleasure without a Iury which practice of theirs is no more legal then evil Custom can make it which practice A. Horn in his Mirror of Justice reckons amongst the Abuses of the Law they having no other Law Ground or Authority for it then some former Uses or rather Abuses acted by their Predecessors and by the same rule in case the Iurors bring their habeas Corpus for relief the Recorder or his Council may offer Keelings sining of the Iury although condemned in Parliament to justifie this latter piece of Injustice After which rate a Thief or a Robber may legally justifie his Actions because of his long Use Custom and frequent Practice which abuses the Iustices at Westminster rarely dare or will punish by reason such crimes advancing prerogative it may occasion a Frown or Rebuke from one or other Superior forgetting or else neglecting that obligation that lies upon them To deny no man Common Right by the Kings Letters nor none other mans nor for none other cause Nor delay Justice or Right to any man according to the Charter of Liberties And although many corrupt and faithless Executioners of Iustice have escaped their due Reward in all Ages yet there are some who have received their Portion as Lambert in the Translation of his Saxon Laws reports That King Alfred the famous Compiler of our English Laws executed many such Of which Andrew Horn a worthy Authour in his Mirror of Justice written in the time of Edw. 1. cap. 5. sect 1. among the many Violences and Abuses offered to the Common Law i. e. The Common Right of the People of England gives a punctual account saying It was an abuse of Justices and their Officers who kill people by false Judgment were not destroyed as other Murderers which King ALFRED caused to be done who caused Forty Four Justices in one year to be HANGED as Murderers for their false Judgments Amongst which says the Author He Hanged Cadwine because that he judged Hackwy to death without the consent of all the Jurors And whereas be stood upon his Jury of twelve men because part of them would have saved him Cadwine like your Recorder removed those and put others on the Jury against Hackwy's consent So observe It s said without the consent of his Jurors though twelve men had given a Verdict against him for those who were put upon him against his consent were not his Jurors by reason all or any of those who were first sworn to try him could not by the Law be removed and others put in their rooms This is a Case save only in the punishment of the Justices parralel to that of your Mayor and Recorder at the Old-Baily London 5 Sept. 1670. who when one Jury of twelve men were sworn to try several persons called Quakers and the Prisoners had accepted of them they Cadwine like removed the first Jury and forced other Jurors upon them against their consent and by that means condemned them like Hackwy without the consent of their Jurors He Hanged Seafoul because he judged Ording to Death for not Answering So it was Murder in a Justice to condemn a Person before a Jury had tryed the Fact which in this case they could not do the Prisoner not pleading to the Indictment He Hanged Freburn because he judged Harpyn to dye when as the Jury were in doubt of their Verdict and the reason is given because in doubtful Cases one ought rather to Save then Condemn Here 's not only a Maxime for Jurors Justices Rather in doubtful Cases to Save then Condemn but a seasonable Caution to Justices of Assize and Sessions who not only when a Jury are doubtful but

when they are agreed to acquit will menace and threaten them with Fines and Imprisonment until they bring in a Verdict against a Prisoner upon whom they purpose to pass a Freburn's Judgment He Hanged Hale because he saved Tristram the Sheriff from death who took to the Kings use from another Goods against his will for as much as any such Taking or Robbery hath no difference He Hanged Arnold because he saved Boyliffe who robbed the people by colo●r of Distresses whereof some were by selling Distresses and some by extortion of Fines as if by extortion of Fines releasing of tortious Distresses 〈…〉 such Distresses and Robery there were difference How many Burglaries Theses and Roberies are daily committed by the Miscreants of our Age under the names of Informers and other the Kings Officers like Tristram the Sheriff by taking away Goods against the will of the Owner to the Kings use as they pretended and by colour of Distresses and selling and releasing Distresses and extortion of illegal imposed Fines against the Fundamental Laws upon Englands Quiet Peaceable and Religious yet Oppressed and Abused Inhabitants and the Justices of the Peace not only like Hale and Arnold save and secure them from condign punishment but abet and encourage them to such sore and grievous Oppressions yet no relief upon the Oppressors complaint nor redress for these publick Grievances He Hanged Oskitell because he judged Cathing to death by record of a Coroner without tryal of the Truth of the Fact by the Jury So zealous was this King for the execution of Justice and tender of the Lives of his Subjects That as says the same Author he hanged all the Judges who had falsly Saved a man Guilty of Death or had falsly Hanged any man against Law or any reasonable Exception And in lesser Offences where they wrongfully grieved any man or passed the bounds of their Commission or the Law he disinhorited and removed them to the satisfaction of the people stablishing of sure upright Laws maintenance of the honour of his Courts of Justice and his perpetual Renown and Fame to future Ages and Generations Besides Hubert de Burgo in the 17 year of E. 3. Father and Son Trisilian and Belknap Sr. William Thorpe in 23 E. 3. Empson and Dudley persons most famous for Tyranny and Oppression left upon record that our Iustices of later date beholding their ends should avoid their Foot-steps So although some of your Fellow Citizens by reason of this Injustice and Oppression of your Citty Recorder Mayor c. have undergone the hardship of Imprisonment yet they standing in the gap against the introducing of an Arbitrary Government they may live to see a due reward rendre to their Oppressions and enjoy the fruit of theird faithfulness to the trust reposed in them that is Liberty and Freedom from Tyranny Oppression then as says the Wise-man Prov. 21. 18. The Wickod shall be a ransom for the Righteous and the Transgressor for the Upright Cit. Well I acknowledge you have given me ample Satisfaction as to what is the Jurors Duty and since I see That the English mans Life Freedom and Property principally depends on the faithfulness and honesty of his Jurors I shall endeavour to perform my Duty in that Office and what my Assistance may avail to defend us against that Torrent of Violence Usurpation and Oppression which is overflowing all our Liberties shall be freely tendred and given up for the good of this City and my Native Country Stud. Now my Friend you speak like an Enlish-man and as one that would faithfully serve your Country and if you will take my advise at leasure hours read your Charter of Liberties and the Fundamental Laws By which as Cook says you have a better Inheritance then by your natural Parents some of the most impartial Writers have been the said Sr. Ed. Cook in his 2d 3d and 4th Institutes Horn's Mirror of Justice Lambert's Translation of the Saxon Laws as also The Tryal of W. P. and W. M. lately printed they are Books without difficulty to be had and very worthy your perusual wherein you may not onely see the English-mans Rights and Liberties asserted but Tyranny and Oppression in all Ages endeavouring to exterpate and violate our Laws the equal Distributer of every mans Property detected and laid open These I would not have one true English-man want in his House the consulting with which at vacant hours will so accommodate and furnish him with the knowledge and understanding of his own inherent Rights and Liberties that he may be able to defend not only himself from Violence and Oppression but also his Neighbours from Tort and Wrong Pro. 29. 7. Cognoscit justus causam tenuium improbus non animadvertit ut cognoscat A Postscript THIS impartial Accompt of these persons Tryals with the Appendix of the Jury-mans Duty and Rights had been earlier presented to thy view but that the difficulty of a Printing-Press is such by reason of their frequent Searching and Examination that it s no easie matter to bring forth Truth to Light without Hazard As the Author hath on the one hand avoided the Censure of a flattering Hypocrite that with his Mouth destroyeth his Neighbour so on the other hand the Lash of the Wise Man Pro. 24. 24. He that saith unto the Wicked Thou art Righteous him shall the People Curse Nations shall Abhor him What Violences and Oppressions may at the rate of that Courts proceedings against these Prisoners be committed not only upon the Cittizens of London but upon every Free-man of England are apparent to the Judicious Have not such Arbitrary and Illegal Proceedings upon Jurors the Staff of the English-man's Liberty been condemned by the Commons of England in Parliament and declared That they were of evil Consequence to the Lives and Liberties of the People which thing these Prisoners have sadly experienced and that they tended to the Introducing of an Arbitrary Government Which no Sober Man questions yet no sufficient caution to that Court. O Wicked Times O Miserable Age What Injustice avowed Oppression become familiar yea Legal Oaths of Jurors in publick Courts solemnly made and taken in the Presence of God and man by a Bench of Justice absolved or denying them to perform what they had enforced them to Swear Must we by our Laws under grievous Penalties abjure the See of ROME And our Magistrates tread its steps in assuming the like prerogative And not only so but commending their Idolatrous Cruel Tyrannical and Inquisitory Practices upon sober and religious People As John Howel the Recorder frequently did that Sessions What 's the end these persons aim at in their Iudicature It s too apparent Not Salus Populi the Commonalties Good What Religious Perswasion do they defend or stand for In punishing Dissenters from the national Church We know they commend the Papists and spare the Atheists Never was there any so wicked or cursed Betrayers of Right Liberty Justice or

the rest of the Prisoners whom they had sworn to try and deliver according to Evidence Thereupon most Arbitrarily and Illegally against our Fundamental Laws Magna Charta the great Preservers of our Lives Freedom and Property This Court imposed Fines of forty Marks a piece upon every of the Iury men and committed them to the Goal of New-Gace until they should pay the same Which Proceedings are Innovations in the tryal of men for their Lives and Liberties and the usage of such arbitrary and illegal Power is of dangerous consequence to the Lives and Liberties of the people of England and tends to the introducing of an Arbitrary Government as was resolved by the high Court of Parliament of England Decemb. 11. 1667. in the Case of Iustice Keeling All Ages have had a venerable esteem of Juries and the Fact per duodecim liberos legales homines by and lawful men is very ancient saith Cook 1 Inst saith he hear what the Law was before the Conquest In singulis centuriis commitia Sancto atque libere conditionis viri duodeni aetate superiores una cum praeposito sacra tenentes Juranto c. Twelve just and honest grave men were to be in every hundred to judge their Neighbours And thereupon in affirmance of this upright Way of Trials by twelve men were the Charter of our Liberties made and from time to time confirmed and how this Trial excels others and wherefore other Countries have them not see Fortescue cap. 25. and 29. And as one observes our English Laws have taken so great care to find out the true matter of Fact in issue That every one of the Jurors agree together in the matter in issue before they give their Verdict which is the Foundation on which the Judgment of the Court is grounded for Ex facto jus oritur as saith Cook 2. Inst 49. And in the 29th Chapter of our great Charter it s said No man shall be taken imprisoned c. but per legale Juditium by lawfull Judgment of his equals shewing that anciently the Jurors were sole Judges to pronounce and give judgment against their Neighbours and such whom they had in charge according unto that Myrror of Justice written by Andrew Horn in the time of Edw. 1. chap. 1. Sect. 3. It was assented unto that free Tenants should meet together in the Counties Hundreds and the Lords Courts if they were not especially exempted to do such Suits and there judge their Neighbours Hence we may observe and impartially conclude 1. That a Jury of twelve men are and anciently were the proper Judges of their Neighbours Actions Mis-deeds or Mis-carriages which is founded on Reason equity because the Neighbourhood is best acquainted with and has the most certain knowledge both of the Persons and Actions there done and Acted 2. The Law requiring that twelve good and honest men should agree as one before they determine their Neighbour to be guilty or not guilty of the Fact or Matter charged against him shew us not onely that the Fundamental Laws of this Land have appointed its Inhabitants mercifull Judges but also such who should be the proper sole and ultimate Judges in the matters charged against any man to acquit or condemn according to the Laws as in their Consciences they should find Equitable Just and Righteous 3. The high Esteem our Ancestors have ever had of these twelve Righteous Judges in former Ages bespeaks the little regard and honour that the Recorder of London the Mayor and his Brethren have shewed to their Predecessors and Antiquity as also their low Esteem of the English-mans Liberties which in all Ages and Generations have been mostly preserved and secured by weighing mens Actions in the equal Ballance of their Good and Honest Neighbours Judgments 4. We may observe how little regard this Court has had of the performance of such Oathes which they impose upon men at pleasure for notwithstanding they had sworn twelve good and lawful men of the City of London Well and truly to try and true deliverance make between the King and the Prisoners at the Bar Yet they refuse and deny these Jurors to perform that Oath which they had so solemnly taken manifesting to the World that the Bench assumes a Power and Jurisdiction equal with the Church of Rome to enforce and absolve from Oaths and Covenants at their Wills and Pleasures 5. It s most apparent how little this Court minded or regarded their own Duty Oaths Commission to do Equal Law and Execution of Right without respect to persons according to the Laws of this Land For when the Prisoners had given their consent to be tryed and the Jury had sworn to try without and against the consent of both or either of them or any Act done whereby Common Right should be denied the Prisoners or Justice to the Jurors to seperate them each from other is such a piece of Tortious Justice which there is no Law or Custom of England can or will justifie or maintain 6. We cannot but own and acknowledge the Parliament of the Commons of England their industrious care and prudence to preserve our Lives and Liberties from the violence of Usurpation and practice of Arbitrary and Illegal Powers over Juries who are sworn to try and deliver their Neighbours according to Evidence of Fact committed And since once in their prudence they thought meet just and righteous to check the Author of such Arbitrary Innovations as fining of Jurors for their Verdicts we hope they will take occasion at this time to manifest their care and tenderness of the People of England whose Representatives they are in bringing these latter Malefactors to condign punishment that for the future Justice may run down its proper Channels be faithfully executed and equally dispenced according to our Antient and Fundamental Laws and the Laudable Customs of this our Land Whilst the Recorder thus treated this Jury of the Citizens of London the Sheriffs had summoned a new Pannel to appear at Justice Hall the 5th of the 7th Moneth the Prisoners on whom the former Jury had sworn to pass their Verdicts upon viz. John Boulton William Bayly Fra Moor Tho. Rudyard c. were called again into Court in the afternoon and each of them fined as formerly twenty Nobles a piece for their Hats A President or Foundation for such Judgments Fines and Amercements we challenge the Cities Recorder and the conceitedly learned Mayor to shew or make out to the World by the Laws of England So soon as the Recorder had finished or passed these new sort of Judgments or rather Inquisitory Censures upon or against the Prisoners He purused the Pannel of the last summoned Jury and gave directions to the Clark to call them over who as it was observed pickt here and there such persons that were judged the most likely to answer the malicious Ends and horrid Designs of that Bench calling not the Iury-men in order

of Law do or shall arise and mingle it self with the Fact the Jury are not compellable to finde the Law but only the Fact if they will according to the Statute of Westm cap. 30. the second which declareth That Justiciaril ad Assisas capiendas assignati non compellant Juratores dicere precise si sit disseisimavel non c. Justices of Assize shall not compel Jurors to say precisely that is to determine a matin Law And Cook commenting upon this Statute puts a Question whether in all Actions a Jury might give a special Verdict In the end saith he it hath been resolved that in all Actions real personal and mixt and upon all Issues joyned general and special the Jury might find the special matter of Fact pertinent and tending only to the Issue joyned and thereupon pray the discretion of the Court for the Law and this the Jurors may do at the Common Law not only in Cases between Party and Party but also in Pleas of the Crown at the Kings Suit And if Jurors be not Judges of Law but Fact as our Sophisters in Law would have it then the Jury may give in the matter of Fact and leave the matters of Law to the Court Which special Verdict Cook says the Court cannot refuse it being pertinent to the matter in Issue So according to their distinction of Law and Fact the Jury is not bound to give in upon their Oaths that men did meet or assemble themselves together unlawfully but only to find that they did meet assemble themselves together and let the Court judge of the Lawfulness or Unlawfulness of it for Exfacto says Cook jus oritur Therefore upon an Indictment for Murder Quod felonice percussit That he felloniously struck him the Jury finding percussit tantum Only that he struct him the Verdict was adjudged good c. Cit. What 's the Reason then that the Court will not accept of such special Verdicts but frequently turn the Jury back till they bring in general Stud. Because then they have your Oaths as well for Law as Fact and if the Judgments be severe it shall lie at your door Cit. But we are not Judges of Law as they say Wherefore then should they have our Oaths for the Law Stud. This is an Artifice whereby they cheat the Jury into frequent Perjury as I shall at large plainly shew you As 1st Observe the Form wherein they draw up their Indictments that is subtil to place a small matter of Fact as they call it in the midst of a whole Sea of their Decriminating and Obnoxious Termes which they call Law that deserve severe Punishments where ever they are found viz. To do an Act with Force and Arms Riotously Routously Tumultuously Seditiously Illegally Deceitfully Subtilly Falatiously in contempt of the King and his Laws to the Disturbance and Affrighting the Kings Liege People to the evil Example of others against the Kings Peace his Crown and Dignity and such like 2d The Fact in issue pretendeded to be committed although it be never so Innocent or Lawful as standing in the Street or High-way in peaceable Manner or Assembling in their own House there perswading the people to turn from the evil of their ways as Drunkenness Whoredom Swearing c. they environ with many of those foul Criminations thereby to misrepresent the Fact or Matter in issue to the Jury like as the Inquisitors in Spain so much applauded by I. H. your Recorder do cloath those Innocent Christian Protestants whom they have Censured to the Faggot with their Sambenitoes that the people beholding them in so Dismal and Hellish a Dress may be so far from pittying them that they may rather condemn them in their very Thoughts as Miscreants not worthy to live Against any of which Criminal Terms if the Jurors object by reason the Evidence did not reach them the Court presently stops their Mouthes with saying You have nothing to do with that its only matter of Form or matter of Law you are only to examine the Fact Which the ignorant Jurors taking for Answer bring in the Prisoners Guilty as they suppose of the Fact or Trespass onely but the Clark of the Peace recording it demands a further confirmation saying thus Well then you say A. B. is guilty of the Fact or Trespass in Manner and Form as he stands Indicted and so you say all To which the Fore-man answers for himself and Fellows Yes Whereupon the Verdict is drawn up Juratores super sacramentum suum dicunt That the Jurors do say upon their Oaths That A. B. did or committed such a Fact with Force and Arms did such a Seditious Action did meet such persons in a Riotous Routous manner did such an Act Deceitfully Subtilly Illegally Fallatiously in Contempt of the King and his Laws to disturb or affright the Kings Liege People against the Kings Peace his Crown and Dignity So the Jurors are ignorantly and fallatiously perjured upon Record and Oppression thereby is Acted upon the Innocent so by reason of the Courts subtilty on the one hand and the Juries ignorance on the other they upon their Oaths having cloathed the Innocent Matter or Fact in issue with the Sambenitish Garment the Court with safety passes most severe Judgments Censures upon such Prisoners all because the Jury have upon their Oaths as was said before made that ●nnocent Action or pretended Fact Criminal which the Law or Court never could have done had not they in such manner given a Verdict so many degrees worse then the Fact in isssue was evidenced unto them Cit. Then I perceive those subtil Fellows make use of our Oaths as it s fabled of the M●nkey Did by the Cats Foot to claw the Chessnuts out of the Fire and so thereby cover their cursed Ends and Designs upon the Innocent whom they daily Prosecute as for my part I never heard of so much of their Knavery before neither did I think that it was possible that so much Villany should have been Acted under colour of Justice Stud. Sr. John Howel your Recorder and your City Magistrates have a further artifice that is To indict all men by the Common Law and wave intermeddling with any of the Statutes in force against such misdemeanours as they pretend the persons indicted are guilty of Cit. Pray what do you suppose their drift is in that Stud. No other then that they may as well make the Law as Proportion the Punishment for when an Indictment is grounded on the Common Law and the Prisoner desires to have the Law read to the Iury who are his Iudges whether he be guilty or not guilty Modo Forma of the matter in issue on which such Indictment is grounded the Court answers It s Lex non scripta a Law not written therefore not to be produced By this means the Prisoner is incapacitated to make his defence and the Iury kept ●gnorant whether the Offence charged to be done by